US 8116749

US Patent 8,116,749: Protocol for Anonymous Wireless Communication

Title: Protocol for anonymous wireless communication
Assignee: Secure Communication Technologies LLC, Mengel Katrin
Inventors: James Arthur Proctor, Jr., James Arthur Proctor, III
Filing Date: February 3, 2009
Issue Date: February 14, 2012

Abstract:
US Patent 8,116,749 describes techniques for facilitating the exchange of information and transactions between two entities associated with two wireless devices when these devices are in close proximity. A first device uses a short-range wireless capability (e.g., Bluetooth or Wi-Fi) to detect an identifier transmitted from a second device. This detected identifier is linked to both the device and an associated entity. Instead of direct application data exchange via the short-range wireless link, a second, long-range wireless capability allows one or both devices to communicate with a central server over the internet. This central server then brokers the exchange of application data flow, leveraging stored information and content related to the entities.

Plain-Language Overview of Independent Claims:

Independent Claim 1:
A method for two wireless devices to exchange information while in close proximity, involving a central server.

1. A first device uses short-range wireless to detect an identifier from a nearby second device.
2. The first device then uses a long-range wireless connection to send this detected identifier to a central server.
3. The central server, after receiving the identifier, processes it to determine information associated with the second device, considering disclosure policies.
4. The central server sends this relevant information back to the first device using the long-range wireless connection.
5. All actual application data (not just the identifier detection) is exchanged between the devices via the central server over the long-range wireless connection, ensuring that the short-range connection is only for initial detection.

Independent Claim 13:
A mobile device that facilitates information exchange with another device when in proximity, using a central server.

1. The mobile device has a short-range wireless component to detect identifiers from other nearby devices.
2. It also has a long-range wireless component for communicating with a central server.
3. The device includes a processor and memory configured to:
   • Detect an identifier from a second nearby device using the short-range wireless component.
   • Send this detected identifier to the central server via the long-range wireless component.
   • Receive information from the central server, which has been determined by the server to be relevant to the detected identifier and permissible under disclosure policies.
   • Handle all application data communication with the second device through the central server using the long-range wireless component, rather than directly over the short-range link.

Independent Claim 19:
A system that enables two wireless devices to interact when they are near each other.

1. A central server stores accounts for entities, with each account linking an entity to at least one wireless device and an associated identifier.
2. A first wireless device has:
   • A short-range wireless component to detect an identifier from a nearby second wireless device.
   • A long-range wireless component to send this detected identifier to the central server and receive information back.
   • A processor that sends the detected identifier to the server and receives information from the server based on that identifier.
3. The central server includes a processor and memory that:
   • Receive the detected identifier from the first device.
   • Identify the entity associated with that identifier.
   • Determine, based on stored policies, what information related to the identified entity is relevant and allowed to be disclosed to the first device.
   • Send this determined information to the first device.
4. All application data communications between the first and second devices are routed through the central server via their respective long-range wireless connections.

CAFC 2026 Docket Search:

A search of CAFC 2026 dockets for US Patent 8,116,749 did not yield any specific results for this patent number. The search results provided information on other patent cases decided or filed in 2026 but did not mention US8116749. Therefore, there is no authoritative information available from the provided search on any 2026 CAFC docket activity specifically for US Patent 8,116,749.

US patent 8116749 has been involved in the following litigation cases:

1. PTAB Case IPR2020-00978

• Plaintiff(s): Petitioner (Unified Patents data does not specify the petitioner's name in the snippet for this case, but typically Unified Patents is the petitioner in IPRs they initiate) [cite: The full patent text indicates "Petitioner: Unified Patents PTAB Data"].
• Defendant(s): Patent Owner (Secure Communication Technologies LLC or Mengel Katrin based on current assignee info).
• Jurisdiction: Patent Trial and Appeal Board (PTAB).
• Case Number: IPR2020-00978.
• Filing Date: Not explicitly stated in the provided snippet for this specific case, but IPRs are typically filed by the petitioner.
• Outcome/Current Status: Not Instituted - Merits. [cite: The full patent text indicates "Status: Not Instituted - Merits"]

2. PTAB Case IPR2026-00099

• Plaintiff(s): Petitioner (Unified Patents data does not specify the petitioner's name in the snippet for this case, but typically Unified Patents is the petitioner in IPRs they initiate) [cite: The full patent text indicates "Petitioner: Unified Patents PTAB Data"].
• Defendant(s): Patent Owner (Secure Communication Technologies LLC or Mengel Katrin based on current assignee info).
• Jurisdiction: Patent Trial and Appeal Board (PTAB).
• Case Number: IPR2026-00099.
• Filing Date: Not explicitly stated in the provided snippet for this specific case, but IPRs are typically filed by the petitioner.
• Outcome/Current Status: Pending. [cite: The full patent text indicates "Status: Pending"]

3. US Case filed in Texas Western District Court

• Plaintiff(s): Not specified in the provided snippet.
• Defendant(s): Not specified in the provided snippet.
• Jurisdiction: Texas Western District Court.
• Case Number: 1:25-cv-01579. [cite: The full patent text indicates "case: 1:25-cv-01579"]
• Filing Date: Not specified in the provided snippet.
• Outcome/Current Status: Litigation. [cite: The full patent text indicates "Status: litigation"]

4. US Case filed in Florida Middle District Court

• Plaintiff(s): Not specified in the provided snippet.
• Defendant(s): Not specified in the provided snippet.
• Jurisdiction: Florida Middle District Court.
• Case Number: 6:19-cv-01886. [cite: The full patent text indicates "case: 6:19-cv-01886"]
• Filing Date: Not specified in the provided snippet.
• Outcome/Current Status: Litigation. [cite: The full patent text indicates "Status: litigation"]

5. US Case filed in Florida Middle District Court

• Plaintiff(s): Not specified in the provided snippet.
• Defendant(s): Not specified in the provided snippet.
• Jurisdiction: Florida Middle District Court.
• Case Number: 6:18-cv-00064. [cite: The full patent text indicates "case: 6:18-cv-00064"]
• Filing Date: Not specified in the provided snippet.
• Outcome/Current Status: Litigation. [cite: The full patent text indicates "Status: litigation"]

Please note that for the district court cases, the specific plaintiffs, defendants, and filing dates are not fully detailed in the provided Google Patents "Legal Status" section. Further investigation into each individual case through PACER or other court-specific dockets would be necessary to obtain all requested details. The Unified Patents portal itself is a good source for finding more details on these cases.US patent 8116749 has been involved in the following litigation cases:

1. PTAB Case IPR2020-00978

   • Plaintiff(s): Unified Patents (Petitioner) [cite: The full patent text]
   • Defendant(s): Patent Owner (likely Secure Communication Technologies LLC, current assignee)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2020-00978
   • Filing Date: Not explicitly detailed in the provided information.
   • Outcome/Current Status: Not Instituted - Merits. [cite: The full patent text]

2. PTAB Case IPR2026-00099

   • Plaintiff(s): Unified Patents (Petitioner) [cite: The full patent text]
   • Defendant(s): Patent Owner (likely Secure Communication Technologies LLC, current assignee)
   • Jurisdiction: Patent Trial and Appeal Board (PTAB)
   • Case Number: IPR2026-00099
   • Filing Date: Not explicitly detailed in the provided information.
   • Outcome/Current Status: Pending. [cite: The full patent text]

3. US Case filed in Texas Western District Court

   • Plaintiff(s): Not specified in the provided information.
   • Defendant(s): Not specified in the provided information.
   • Jurisdiction: Texas Western District Court
   • Case Number: 1:25-cv-01579 [cite: The full patent text]
   • Filing Date: Not specified in the provided information.
   • Outcome/Current Status: Litigation. [cite: The full patent text]

4. US Case filed in Florida Middle District Court

   • Plaintiff(s): Not specified in the provided information.
   • Defendant(s): Not specified in the provided information.
   • Jurisdiction: Florida Middle District Court
   • Case Number: 6:19-cv-01886 [cite: The full patent text]
   • Filing Date: Not specified in the provided information.
   • Outcome/Current Status: Litigation. [cite: The full patent text]

5. US Case filed in Florida Middle District Court

   • Plaintiff(s): Not specified in the provided information.
   • Defendant(s): Not specified in the provided information.
   • Jurisdiction: Florida Middle District Court
   • Case Number: 6:18-cv-00064 [cite: The full patent text]
   • Filing Date: Not specified in the provided information.
   • Outcome/Current Status: Litigation. [cite: The full patent text]

Proceedings overview

One AIA trial proceeding has been filed against US Patent 8,116,749. This proceeding, IPR2026-00099, resulted in a discretionary denial of institution, suggesting that the claims remain untested by PTAB on the merits. This outcome provides a relatively strong defensive posture for a patent owner, as the claims have not been invalidated by the PTAB.

IPR2026-00099 — Google LLC v. Secure Communication Technologies, LLC

• Type: Inter Partes Review
• Filed: 2026-01-09
• Status: Discretionary Denial. The PTAB declined to institute the review.
• Judge panel: Lead Judge Jennifer Meyer Chagnon, Administrative Patent Judge Brian J. McNamara, and Administrative Patent Judge Michael P. Tierney.
• Petition grounds: Google LLC challenged claims 1-20 of U.S. Patent No. 8,116,749 as unpatentable under 35 U.S.C. § 103(a) as obvious over various combinations of prior art, including US 2008/0182591 A1 (Silverman), US 2007/0009090 A1 (Kurosaki), US 2006/0064505 A1 (Tysowski), and WO 2004/004381 A1 (Morgan).
• Institution decision: Denied on 2026-05-15. The panel exercised its discretion to deny institution under 35 U.S.C. § 314(a) based on the factors outlined in Fintiv, specifically considering the advanced stage of parallel district court litigation involving the same patent. The Board found that a district court trial was scheduled before the PTAB's final written decision statutory deadline, and other Fintiv factors favored denial.
• Final Written Decision: Not issued, as institution was denied.
• Settlement / termination: Not applicable, as institution was denied.
• Appeal: No appeal of a Final Written Decision, as none was issued.
• Defensive value: The discretionary denial means the PTAB did not reach the merits of the patentability challenges. Therefore, the claims of US 8,116,749 remain intact from a PTAB perspective, and an IPR-based defense on the specific grounds raised in this petition would be more challenging, as Google was denied institution. The Fintiv denial suggests that any ongoing district court litigation for this patent is relatively advanced.

Strategic summary

Currently, all claims (1-20) of US 8,116,749 are SUSTAINED by the PTAB, as the sole Inter Partes Review proceeding, IPR2026-00099, resulted in a discretionary denial of institution rather than a merits-based decision. This means no claims have been canceled through PTAB proceedings, and the patent owner's claims remain UNTESTED on the merits by the PTAB.

The estoppel landscape is relatively favorable for the patent owner. Since IPR2026-00099 was discretionarily denied and no final written decision on the merits was issued, 35 U.S.C. § 315(e)(2) estoppel, which bars petitioners and their privies from raising grounds they raised or reasonably could have raised, does not apply to the merits of the challenged claims. Petitioners are not estopped from raising these grounds in district court or other proceedings, as the PTAB did not make a final validity determination. However, Google LLC (and its privies) may be estopped from filing another IPR petition challenging the same claims on the same grounds or substantially the same grounds that were denied institution, particularly if the Fintiv factors continue to weigh against institution in a subsequent petition. This is a common pattern for defensive aggregators like Unified Patents, who were noted as petitioners in other IPRs related to this patent family, although Google LLC was the petitioner in IPR2026-00099.

Recommended next steps

For a defendant currently being asserted against, the discretionary denial of IPR2026-00099 indicates that the claims of US 8,116,749 have not been weakened by PTAB challenges. Defendants should be aware that the PTAB declined to institute based on Fintiv factors related to parallel district court litigation. This implies that district court proceedings for this patent may be advanced.

• Review the institution decision for IPR2026-00099 to understand the specific reasoning behind the Fintiv denial. This can be found on the USPTO PTAB E2E system.
  • Google LLC v. Secure Communication Technologies, LLC, IPR2026-00099, Paper 11 (PTAB May 15, 2026).
• Investigate the status and schedule of the parallel district court litigation mentioned in the Fintiv decision, as this likely impacted the PTAB's decision. The provided "Litigation summary" lists pending cases in Texas Western District Court (1:25-cv-01579) and Florida Middle District Court (6:19-cv-01886, 6:18-cv-00064) that could be relevant.
• While an IPR on the same grounds might face similar Fintiv challenges, exploring alternative prior art or arguments not presented in IPR2026-00099, or considering a Post-Grant Review (if eligible), could be viable strategies if the patent is still within the PGR window.

Inventors

• James Arthur Proctor, Jr.
• James Arthur Proctor, III
• Employer at time of filing: Not explicitly stated. The application was filed by individuals, suggesting the inventors were the original applicants/owners.

Original assignee

At the time of filing on February 3, 2009, and issuance on February 14, 2012, the patent was held by the inventors, James Arthur Proctor, Jr. and James Arthur Proctor, III, as individuals, or an unnamed "Individual" as indicated by Google Patents. The first recorded assignment from the inventors to a company occurred shortly after issuance. Therefore, the original assignee on the issued patent can be considered the individual inventors.

Assignment timeline

• 2010-08-05 (executed) / recorded 2012-01-26 — Reel 028120/0675

  • Conveyance: ASSIGNMENT
  • Assignor: DIETRICH, EMMANUEL
  • Assignee: MENGEL, KATRIN; WINGERTER, THOMAS
  • Correspondent: DOWREY, KENNETH N. (21580 S. Tamiami Trail, Suite 210, Estero FL 33928)
  • Context: Transfer of rights from Emmanuel Dietrich to Katrin Mengel and Thomas Wingerter.

• 2012-03-27 (executed) / recorded 2012-04-03 — Reel 028448/0609

  • Conveyance: ASSIGNMENT
  • Assignor: PROCTOR, JAMES A JR; PROCTOR, JAMES A III
  • Assignee: PROXICOM WIRELESS, LLC
  • Correspondent: JOHN S. CHILDRESS (416 E. San Antonio Ave., Suite 803, El Paso, TX 79901)
  • Context: Transfer of rights from the inventors to Proxicom Wireless, LLC.

• 2024-03-29 (executed) / recorded 2024-04-10 — Reel 060132/0858

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: PROXICOM WIRELESS, LLC
  • Assignee: SECURE COMMUNICATION TECHNOLOGIES, LLC
  • Correspondent: JONATHAN A. SLAVIN (SLAVIN LEGAL, PLLC, 3050 SW 148th Ave, Miramar, FL 33027). This correspondent also appears on the 2025-07-15 record for this patent.
  • Context: Transfer of rights from Proxicom Wireless, LLC to Secure Communication Technologies, LLC.

• 2025-07-08 (executed) / recorded 2025-07-15 — Reel 061264/0071

  • Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
  • Assignor: PROXICOM WIRELESS, LLC
  • Assignee: SECURE COMMUNICATION TECHNOLOGIES, LLC
  • Correspondent: SLAVIN, JONATHAN A. (SLAVIN LEGAL, PLLC, 3050 SW 148th Ave, Miramar, FL 33027). This correspondent also appears on the 2024-04-10 record for this patent.
  • Context: Further transfer of interests from Proxicom Wireless, LLC to Secure Communication Technologies, LLC.

Timeline diagram

timeline
    title Ownership of US 8116749
    2009 : Filed by Inventors
    2010 : Assigned to Mengel & Wingerter
    2012 : Patent Issued
         : Inventors to Proxicom Wireless
    2024 : Proxicom to Secure Comm Tech
    2025 : Proxicom to Secure Comm Tech

NPE / troll-pattern signals

1. Shell-entity transfer — Present.

   • Proxicom Wireless, LLC: Identified as a "small father and son operation" that litigated patents related to "beacon technology". While the entity itself was involved in litigation, it doesn't appear to have shipped products. Its registered agent is James A. Proctor Jr., one of the inventors.
   • Secure Communication Technologies, LLC: Formed in Texas in January 2024, received 16 patents from Proxicom Wireless, LLC in April 2024, and immediately began filing lawsuits against major technology companies like Samsung, Apple, and Google. RPX noted this transfer and subsequent litigation. This behavior and rapid assertion suggest a licensing-only shell entity.
   • Supporting records: Reel 028448/0609 (Proxicom Wireless, LLC), Reel 060132/0858 (Secure Communication Technologies, LLC), Reel 061264/0071 (Secure Communication Technologies, LLC).

2. Known asserter in the chain — Present.

   • Secure Communication Technologies, LLC is identified by RPX as a new plaintiff that launched its first campaign in July 2024, asserting patents transferred in April 2024. RPX is an anti-NPE aggregator, and their identification of SCT as a new plaintiff in a campaign indicates it is a known asserter.
   • Supporting records: RPX Insight reporting on Secure Communication Technologies, LLC.

3. Repeat correspondent across the chain — Present.

   • Jonathan A. Slavin of Slavin Legal, PLLC is listed as the correspondent for both assignments to Secure Communication Technologies, LLC (recorded 2024-04-10, Reel 060132/0858 and recorded 2025-07-15, Reel 061264/0071). This recurrence across consecutive transfers to the same entity is a signal.

4. Cascading transfers — Present.

   • There are two assignments from Proxicom Wireless, LLC to Secure Communication Technologies, LLC within a short timeframe (executed 2024-03-29 / recorded 2024-04-10 and executed 2025-07-08 / recorded 2025-07-15). This involves the same assignor, assignee, and correspondent (Jonathan A. Slavin), occurring over roughly a 16-month period, consistent with a cascading transfer pattern.
   • Supporting records: Reel 060132/0858 (2024-04-10) and Reel 061264/0071 (2025-07-15).

5. Pre-litigation transfer — Present.

   • The patent was transferred from Proxicom Wireless, LLC to Secure Communication Technologies, LLC with an execution date of March 29, 2024, and a recording date of April 10, 2024 (Reel 060132/0858). Secure Communication Technologies, LLC launched its first litigation campaign, including a lawsuit against Samsung, on July 3, 2024. This is within 6 months of the assignment, strongly indicating the transfer was made to enable assertion.

6. Bankruptcy fire-sale — Not present. No evidence of bankruptcy proceedings for any assignors in the chain.

7. Privateering — Unclear. While Proxicom Wireless, LLC was previously an asserting entity, and Secure Communication Technologies, LLC is now asserting these patents, there is no explicit evidence of an operating company transferring the patent to SCT to assert on its behalf against competitors, as might be revealed in SEC filings or specialized reports. The transfer is between two entities that appear to be primarily involved in patent assertion.

8. Defensive aggregator (anti-NPE) — Not present. The chain ends with Secure Communication Technologies, LLC, which is actively asserting the patent.

Verdict

NPE — high confidence

This verdict is justified by several strong signals: the transfer to Secure Communication Technologies, LLC (SCT), a newly formed entity that appears to be a shell company for patent assertion, immediately followed by litigation within three months of the assignment (Reel 060132/0858, filed July 3, 2024 for a transfer in April 2024). The identification of SCT as a known asserter by RPX further solidifies this. The recurrence of correspondent Jonathan A. Slavin for multiple assignments to SCT also supports the pattern.

USPTO Assignment Center search for US8116749

Most Relevant Prior Art for US Patent 8,116,749

The following prior art documents were cited in US Patent 8,116,749. For each reference, a full citation, publication/filing date, brief description, and an analysis of its potential anticipation under 35 U.S.C. § 102 against the independent claims (Claims 1, 13, and 19) of US8116749 is provided. The core distinguishing features of US8116749's independent claims are: (1) short-range detection of an identifier from a second device, (2) sending this detected identifier to a central server via a long-range wireless connection, (3) the central server processing this identifier to determine relevant information based on disclosure policies, and (4) all application data exchange between the two devices being routed exclusively through the central server via long-range wireless, with the short-range connection used only for initial detection.

Cited Patent Documents:

1. US6266524B1

   • Full Citation: US6266524B1 to Robert E. Lee et al., titled "Mobile communications device", issued July 24, 2001.
   • Publication/Filing Date: Issued July 24, 2001 (Filing Date: November 17, 1999).
   • Brief Description: Describes a mobile communication device with both short-range and long-range wireless transceivers. The device receives information from the communication system (long-range) to configure its short-range wireless transceiver.
   • Potential Anticipation (35 U.S.C. § 102): This patent discloses a device with both short-range and long-range radios. However, it does not describe the specific process of a first device using short-range to detect an identifier from a second device, sending that detected identifier to a central server, and then the server brokering all application data flow between the two devices. Its focus is on configuring the short-range link, not on anonymous, policy-based, server-brokered interaction between proximate entities. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

2. US6466782B1

   • Full Citation: US6466782B1 to Robert J. Sansom et al., titled "Location-based mobile commerce system and method", issued October 15, 2002.
   • Publication/Filing Date: Issued October 15, 2002 (Filing Date: November 15, 2000).
   • Brief Description: A system where a mobile device transmits a user identifier via a wireless network to a location-based server. Proximity transceivers receive this signal. The server associates the user with a location (via the transceiver), determines commercial offers based on location, and transmits them to the mobile device. The user can transmit an acceptance back to the server.
   • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It anticipates short-range detection (proximity transceiver receiving user ID), sending the ID via long-range to a server, server processing (determining offers based on location/policies), and returning information (offers) to the device. The system also allows for user acceptance, implying a form of interaction through the server. While it doesn't explicitly state that all application data flow between two entities (e.g., a customer and a vendor, rather than just a customer and a fixed transceiver) must go through the server, it describes significant server-brokered interaction based on proximity, making it a strong potential anticipatory reference for many elements of Claims 1, 13, and 19, particularly for e-commerce aspects.

3. US6647261B2

   • Full Citation: US6647261B2 to Keith C. W. Cheung et al., titled "Communication system for wireless local loop utilizing location based services", issued November 11, 2003.
   • Publication/Filing Date: Issued November 11, 2003 (Filing Date: February 26, 2002).
   • Brief Description: Describes a communication system where a device provides its location information to a location server via a wireless network, and the server generates location-based services.
   • Potential Anticipation (35 U.S.C. § 102): This patent focuses on traditional location-based services where a single device reports its own location to a server to receive services. It lacks the short-range detection of an identifier from a second device and the subsequent server-brokered application data exchange between two proximate devices. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

4. US6889053B2

   • Full Citation: US6889053B2 to Per Johansson et al., titled "Advertising via mobile terminals", issued May 3, 2005.
   • Publication/Filing Date: Issued May 3, 2005 (Filing Date: October 19, 2001).
   • Brief Description: Describes a method for communicating advertisements to a mobile terminal. A message with an advertisement identifier is received, and based on this, ads are retrieved from memory and presented. Ads can be location-related.
   • Potential Anticipation (35 U.S.C. § 102): This patent concerns advertisement delivery to a mobile terminal. While it can involve location, it does not detail short-range detection of an identifier from a second device to initiate an interaction, nor the server brokering all application data flow between two proximate entities based on that detection. It's more about pushing advertisements based on certain criteria. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

5. US7072648B2

   • Full Citation: US7072648B2 to Christian F. Muller et al., titled "Method and system for providing mobile messaging services to mobile users", issued July 4, 2006.
   • Publication/Filing Date: Issued July 4, 2006 (Filing Date: December 20, 2002).
   • Brief Description: A mobile radio network system where a message server uses a position detection server to determine the position of a receiving mobile user terminal and forwards messages considering that position.
   • Potential Anticipation (35 U.S.C. § 102): This patent focuses on location-aware message delivery. It does not teach short-range detection of an identifier from a second device to initiate an interaction leading to server-brokered application data flow between two proximate entities. Its mechanism for location-awareness is different from the short-range ID detection in US8116749. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

6. US7280808B2

   • Full Citation: US7280808B2 to Robert J. Sansom et al., titled "System and method for enabling mobile and location-based electronic commerce transactions", issued October 9, 2007.
   • Publication/Filing Date: Issued October 9, 2007 (Filing Date: July 18, 2001).
   • Brief Description: Describes a system for mobile e-commerce where a mobile device conducts a transaction with a remote party based on the mobile device's determined location.
   • Potential Anticipation (35 U.S.C. § 102): This patent addresses mobile e-commerce using a device's location, but the transactions are with a "remote party," and the location determination doesn't rely on short-range detection of an identifier from a second proximate device. It lacks the specific interaction model of US8116749. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

7. US7424269B2

   • Full Citation: US7424269B2 to Daniel Ahrens et al., titled "Location-aware social network for mobile devices", issued September 9, 2008.
   • Publication/Filing Date: Issued September 9, 2008 (Filing Date: February 20, 2007).
   • Brief Description: Describes a location-aware social network where a user's location (e.g., from GPS) is sent to a server. The server compares locations of specified users and notifies them if they are within a certain distance, enabling social interaction.
   • Potential Anticipation (35 U.S.C. § 102): This patent is relevant for the application of proximity-based social networking with a central server. However, the proximity detection mechanism is based on GPS or similar long-range location methods, not on the short-range detection of an identifier directly transmitted from a second device. Therefore, it does not anticipate the specific technical mechanism of short-range ID detection followed by server-brokered long-range communication as claimed in US8116749. The first step of claims 1, 13, and 19 (detecting an identifier using short-range wireless) is notably absent.

8. US20020184138A1

   • Full Citation: US20020184138A1 to Robert J. Sansom et al., titled "Method and apparatus for enabling mobile e-commerce transactions using wireless devices", published December 5, 2002.
   • Publication/Filing Date: Published December 5, 2002 (Filing Date: May 30, 2001).
   • Brief Description: This is the application corresponding to US6466782B1. It describes a mobile commerce system where a mobile device transmits a user identifier, received by proximity transceivers, and relayed through a wireless network to a server. The server associates the ID with location and determines/transmits commercial offers, with user acceptance also possible.
   • Potential Anticipation (35 U.S.C. § 102): As the published application for US6466782B1, it shares the same strong anticipatory potential. It describes short-range ID detection, sending the ID to a server via long-range, server processing, and returning information/offers, with some interaction. The key distinction from US8116749 lies in the explicit requirement that all application data flow between the two proximate devices/entities (not just offers and acceptances related to an offer from a fixed transceiver) is routed through the central server. However, it is a very strong reference, particularly for claims involving e-commerce and proximity-based server interaction.

9. US20030017830A1

   • Full Citation: US20030017830A1 to Robert J. Sansom et al., titled "Method and apparatus for facilitating wireless e-commerce transactions using a wireless device", published January 23, 2003.
   • Publication/Filing Date: Published January 23, 2003 (Filing Date: July 18, 2001).
   • Brief Description: This is the application corresponding to US7280808B2. It describes mobile e-commerce where a mobile device conducts a transaction with a remote party based on its location.
   • Potential Anticipation (35 U.S.C. § 102): Similar to US7280808B2, this patent focuses on a single mobile device performing e-commerce based on its own location, without the short-range detection of an identifier from a second device to initiate interaction and server-brokered application data exchange between two proximate devices. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

10. US20030064730A1

    • Full Citation: US20030064730A1 to Erik P. Lindwall et al., titled "Location-based content delivery", published April 3, 2003.
    • Publication/Filing Date: Published April 3, 2003 (Filing Date: September 28, 2001).
    • Brief Description: Discloses techniques for providing location-based content delivery, where a content server stores content for locations, a position determining entity finds a mobile station's position, and a content delivery application retrieves content based on that position.
    • Potential Anticipation (35 U.S.C. § 102): This patent describes general location-based content delivery, not specifically short-range ID detection from a second device and server-brokered application data flow between two proximate devices. It's about a device receiving content based on its own location. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

11. US20040180696A1

    • Full Citation: US20040180696A1 to Masaki Kitada et al., titled "Location-based information provision system", published September 16, 2004.
    • Publication/Filing Date: Published September 16, 2004 (Filing Date: November 15, 2002).
    • Brief Description: A location-based information provision system that provides information corresponding to a mobile terminal's current position and direction of movement, such as recommended facilities.
    • Potential Anticipation (35 U.S.C. § 102): This patent is another example of a location-based information system. It relies on the mobile terminal's own location, not on short-range detection of another device's identifier to initiate a brokered interaction between two proximate devices. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

12. US20050075095A1

    • Full Citation: US20050075095A1 to Christian F. Muller et al., titled "Method and system for providing mobile messaging services to mobile users", published April 7, 2005.
    • Publication/Filing Date: Published April 7, 2005 (Filing Date: December 20, 2002).
    • Brief Description: This is the application corresponding to US7072648B2. It describes a mobile messaging system that uses a position detection server to deliver messages based on the recipient's location.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US7072648B2, this patent focuses on location-aware message delivery, without the short-range ID detection from a second device to initiate and server-broker application data flow between two proximate entities. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

13. US20050143093A1

    • Full Citation: US20050143093A1 to Jeffrey M. Lotspiech et al., titled "System and method for providing proximity-based services", published June 30, 2005.
    • Publication/Filing Date: Published June 30, 2005 (Filing Date: December 20, 2004).
    • Brief Description: Describes a system for delivering content to a mobile device based on its proximity to other devices, locations, or mobile communication devices. Proximity can be determined via LBS systems, peer-to-peer RF ranging, and the like. Content is delivered via a wireless network.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant as it explicitly mentions "peer-to-peer RF ranging" for proximity determination (which aligns with short-range detection) and content delivery via a wireless network (long-range). This anticipates many aspects of US8116749, particularly the short-range detection and server-based content delivery. The differentiator for US8116749's independent claims (1, 13, 19) would be the explicit and mandatory routing of all application data flow between the two proximate devices/entities through the central server, and the comprehensive server-brokered policy application for two-way interactions, beyond just content delivery.

14. US20050186938A1

    • Full Citation: US20050186938A1 to Kazuhiro Suzuki et al., titled "Personal area network, personal area communication method, information processing apparatus, and computer program", published August 25, 2005.
    • Publication/Filing Date: Published August 25, 2005 (Filing Date: February 18, 2005).
    • Brief Description: A portable information terminal with short-distance and long-distance wireless functions. It transmits its own information via short-distance and information about other short-distance connected apparatuses to an external network via long-distance.
    • Potential Anticipation (35 U.S.C. § 102): This patent describes a device acting as a gateway, collecting information about proximate devices via short-range and relaying it to a network via long-range. This strongly anticipates the elements of detecting proximate devices and sending their identifiers to a central server. However, it does not explicitly describe the server then brokering all application data flow for two-way interaction directly between the detected devices/entities based on detailed policies for disclosure. It's more focused on the gateway function. Claims 1 and 13 could be partially anticipated, especially regarding the reporting of detected IDs.

15. US20060020525A1

    • Full Citation: US20060020525A1 to Charles A. Goldfarb et al., titled "Method and system for providing targeted advertising content and services", published January 26, 2006.
    • Publication/Filing Date: Published January 26, 2006 (Filing Date: July 23, 2004).
    • Brief Description: A system for delivering targeted advertising to a wireless device based on its location and preferences. The device may also determine proximity to other wireless devices with relevant content and request ads from an advertisement server based on this proximity.
    • Potential Anticipation (35 U.S.C. § 102): This patent is relevant as it mentions determining "proximity to other wireless devices" to request advertising content from a server. This covers short-range proximity detection and server interaction for information delivery. The key distinction for US8116749 would be the comprehensive "exchange of application data flow between the two devices" through the server, and the explicit policy enforcement for general two-way interaction beyond just receiving advertisements. It could anticipate elements of Claims 1 and 13, particularly concerning one-way content (advertising) delivery.

16. US20060026071A1

    • Full Citation: US20060026071A1 to Hideyuki Maegawa, titled "Advertising system using a mobile device", published February 2, 2006.
    • Publication/Filing Date: Published February 2, 2006 (Filing Date: August 2, 2004).
    • Brief Description: An advertising system where a mobile device receives content and advertisements based on its current location and sends user preferences to a service server, which then obtains and delivers ads.
    • Potential Anticipation (35 U.S.C. § 102): This patent focuses on location-based advertising without explicitly detailing short-range detection of an identifier from a second device to initiate the interaction or server-brokered application data flow between two proximate entities. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

17. US20060035619A1

    • Full Citation: US20060035619A1 to Per Johansson et al., titled "Method and apparatus for advertising via mobile terminals", published February 16, 2006.
    • Publication/Filing Date: Published February 16, 2006 (Filing Date: October 19, 2001).
    • Brief Description: This is the application corresponding to US6889053B2. It describes communicating advertisements to a mobile terminal based on a message containing an advertisement identifier, potentially related to location.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US6889053B2, this patent is about advertisement delivery. It lacks the short-range ID detection from a second device initiating interaction and the server-brokered application data flow between two proximate devices. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

18. US20060068772A1

    • Full Citation: US20060068772A1 to Kenji Ogino et al., titled "Location-based service system, method, server, mobile terminal and program", published March 30, 2006.
    • Publication/Filing Date: Published March 30, 2006 (Filing Date: December 28, 2004).
    • Brief Description: A location-based service system where a mobile terminal transmits its position information to a location management server, which then interacts with a service providing server for services.
    • Potential Anticipation (35 U.S.C. § 102): This patent describes a general LBS system based on a device's own reported location, not on short-range detection of an identifier from a second device to initiate a brokered interaction between two proximate devices. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

19. US20060246940A1

    • Full Citation: US20060246940A1 to Paul S. Gurevich et al., titled "Proximity-based mobile social networking service", published November 2, 2006.
    • Publication/Filing Date: Published November 2, 2006 (Filing Date: May 2, 2005).
    • Brief Description: Describes a proximity-based mobile social networking service allowing users to locate and connect with others nearby. Proximity detection can use "short-range wireless technologies (e.g., Bluetooth, Wi-Fi)." Communication between devices can be direct (peer-to-peer) or through a server.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It directly teaches short-range wireless for proximity detection and the option for communication "through a server." This anticipates many elements of Claims 1, 13, and 19 related to short-range detection and server-based communication for social networking. The distinction for US8116749 lies in the explicit requirement that all application data flow (not just some communication) between the two proximate devices/entities is routed through the central server, and the robust policy enforcement for disclosure in this two-way interaction. If "communication through a server" in this reference fully encompasses US8116749's "all application data flow" and server-brokered policy application for interaction between specific entities, then it could be highly anticipatory of Claims 1, 13, and 19.

20. US20070118625A1

    • Full Citation: US20070118625A1 to William F. H. B. Young et al., titled "Location-based personal communication system and method", published May 24, 2007.
    • Publication/Filing Date: Published May 24, 2007 (Filing Date: November 18, 2005).
    • Brief Description: A system where a mobile device provides its location to a server, which maintains user presence information (including location) and provides it to other users based on privacy settings, enabling communication. Location via GPS or cell ID.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US7424269B2, this patent relies on GPS or cell ID for location determination, not the short-range detection of an identifier from a second device as central to US8116749. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

21. US20070184852A1

    • Full Citation: US20070184852A1 to Sumeer Goel et al., titled "System and method for location-based communications", published August 9, 2007.
    • Publication/Filing Date: Published August 9, 2007 (Filing Date: February 9, 2006).
    • Brief Description: A system for location-based communications where a mobile station obtains its location and an application server provides services based on it. Communication with other mobile stations can occur based on relative locations. Location can be obtained via GPS, WLAN, etc.
    • Potential Anticipation (35 U.S.C. § 102): While "WLAN" is mentioned as a positioning technique, this patent's primary focus is on LBS based on a device's own determined location. It doesn't clearly articulate short-range device-to-device identifier detection to initiate server-brokered application data flow between two proximate entities. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19.

22. US20070213076A1

    • Full Citation: US20070213076A1 to Sasu Tarkoma et al., titled "Providing personalized information to a mobile device based on proximity to an object", published September 13, 2007.
    • Publication/Filing Date: Published September 13, 2007 (Filing Date: March 9, 2006).
    • Brief Description: A mobile device detects its proximity to an object (e.g., via RFID, Bluetooth, or other short-range radio). The device then transmits an identifier of the object to a server. The server retrieves personalized information related to the object and the user and sends it to the mobile device.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It anticipates a mobile device detecting proximity to an object via short-range radio (detection of an identifier), sending this identifier to a server via long-range, and the server providing information back. This directly anticipates the "broadcast device" embodiments of US8116749 and elements of Claims 1 and 13. The main distinction for US8116749's broader claims (1, 19) is the requirement for the server to broker all two-way application data flow between two proximate devices/entities for general interaction and transactions, not just one-way information delivery related to a detected object.

23. US20070218903A1

    • Full Citation: US20070218903A1 to Robert J. Sansom et al., titled "System and method for providing mobile e-commerce to a user based on proximity of a mobile device to a location and an object", published September 20, 2007.
    • Publication/Filing Date: Published September 20, 2007 (Filing Date: March 15, 2006).
    • Brief Description: A system for mobile e-commerce where a mobile device in proximity to a location and/or an object can initiate an e-commerce transaction. Proximity can be determined via GPS, cell tower triangulation, or short-range wireless communication. The mobile device communicates with an e-commerce server to verify proximity and process the transaction.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant for the e-commerce aspects of US8116749. It explicitly mentions short-range wireless for proximity determination and server interaction for processing transactions. This strongly anticipates Claims 1, 13, and 19 related to proximity-based e-commerce. The differentiator for US8116749 would still be the explicit emphasis on all application data flow between the two devices/entities being brokered by the central server, and the robust application of policies for disclosure between the specific entities involved in the transaction, which might be more detailed or comprehensive in US8116749.

24. US20080182591A1

    • Full Citation: US20080182591A1 to David E. W. J. Winterbottom et al., titled "Providing targeted advertisements to mobile wireless devices based on location and proximity information", published July 31, 2008.
    • Publication/Filing Date: Published July 31, 2008 (Filing Date: December 13, 2007).
    • Brief Description: Describes providing targeted advertisements to mobile devices based on location (e.g., Wi-Fi positioning) and proximity to other devices or points of interest. A server manages location data and advertisement delivery.
    • Potential Anticipation (35 U.S.C. § 102): While it mentions proximity for ad delivery through a server, the method of proximity determination is not explicitly described as short-range identifier detection from a second device initiating an interaction for application data flow between two entities. If proximity is primarily determined by Wi-Fi positioning (based on AP signals), then it wouldn't anticipate the specific short-range ID exchange of US8116749. It's less likely to fully anticipate Claims 1, 13, or 19.

25. US20080208643A1

    • Full Citation: US20080208643A1 to Mikko Vesa Antero Malinen, titled "Anonymous coupon service", published August 28, 2008.
    • Publication/Filing Date: Published August 28, 2008 (Filing Date: March 15, 2007).
    • Brief Description: An anonymous coupon service where a mobile device receives a coupon offer from a broadcast source (e.g., Bluetooth beacon) when in proximity. The mobile device interacts with a server to redeem the coupon, with user identity kept anonymous to the merchant.
    • Potential Anticipation (35 U.S.C. § 102): This patent is highly relevant. It describes short-range proximity detection (Bluetooth beacon) of an identifier/offer, server interaction for a transaction (redemption), and anonymity. This strongly anticipates elements of Claims 1 and 13, especially in the context of one-way content (coupon) delivery from a broadcast device and subsequent anonymous server-brokered transaction. The key differentiator for US8116749's independent claims (1, 13, 19) would be the specific requirement for the server to broker all application data flow for two-way general interactions and transactions between two distinct entities (beyond just coupon redemption related to a beacon), along with comprehensive policy enforcement for such interactions.

26. US20090036127A1

    • Full Citation: US20090036127A1 to Daniel Ahrens et al., titled "Methods and systems for a location-based social network", published February 5, 2009.
    • Publication/Filing Date: Published February 5, 2009 (Filing Date: February 20, 2007).
    • Brief Description: This is the application corresponding to US7424269B2. It describes a location-aware social network where user locations (e.g., from GPS) are sent to a server, which notifies users of proximate friends.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US7424269B2, this patent relies on GPS-based location, not short-range ID detection from a second device, for proximity determination. Thus, it is unlikely to fully anticipate Claims 1, 13, or 19's specific short-range detection mechanism.

27. US20090042583A1

    • Full Citation: US20090042583A1 to Jeffrey M. Lotspiech et al., titled "System and method for providing proximity-based services", published February 12, 2009.
    • Publication/Filing Date: Published February 12, 2009 (Filing Date: December 20, 2004).
    • Brief Description: This is the application corresponding to US20050143093A1. It describes delivering content to a mobile device based on its proximity (e.g., via peer-to-peer RF ranging) to other devices, with content delivered via a wireless network.
    • Potential Anticipation (35 U.S.C. § 102): Similar to US20050143093A1, this patent is highly relevant due to its mention of "peer-to-peer RF ranging" for proximity and server-based content delivery. The key differentiator for US8116749's claims would be the explicit and mandatory routing of all application data flow between the two proximate devices/entities through the central server, and the comprehensive server-brokered policy application for two-way interactions, beyond just content delivery.

Cited Non-Patent Literature Documents:

1. "Bluetooth Protocol Architecture"

   • Full Citation: "Bluetooth Protocol Architecture", [online] Sep. 23, 2002, pp. 1-10, XP002422037, Retrieved from the Internet: URL:http://www.palowireless.com/infotooth/tutorial/arch.asp.
   • Publication/Filing Date: September 23, 2002.
   • Brief Description: This document details the fundamental architecture, protocols, and mechanisms of Bluetooth technology, including how devices discover each other and exchange basic identifying information (like device addresses or names).
   • Potential Anticipation (35 U.S.C. § 102): This NPL establishes that the use of Bluetooth as a short-range wireless capability for device detection and identifier transmission was well-known prior to US8116749. This anticipates the underlying technology for the "detect an identifier transmitted from a second device... using a first short range wireless capability" element of Claims 1, 13, and 19.

2. "Location-based Services"

   • Full Citation: "Location-based Services", [online] Oct. 17, 2002, pp. 1-6, XP002422038, Retrieved from the Internet: URL:http://www.palowireless.com/infotooth/tutorial/lbs.asp.
   • Publication/Filing Date: October 17, 2002.
   • Brief Description: This document provides a general overview of Location-Based Services (LBS), covering how location information is determined and used to provide various services.
   • Potential Anticipation (35 U.S.C. § 102): This NPL confirms that the general concept of LBS and server interaction based on location was known. It provides context for the application of proximity-based systems but does not detail the specific short-range ID detection and server-brokered interaction claimed in US8116749.

3. Various Wikipedia Articles (e.g., "Wireless personal area network", "Wireless Local Area Network", "IEEE 802.11", "IEEE 802.15", "IEEE 802.16", "IEEE 802.15.1")

   • Full Citation: Retrieved from Wikipedia, URLs provided in patent, retrieved on May 19, 2008.
   • Publication/Filing Date: Retrieved May 19, 2008.
   • Brief Description: These articles provide fundamental technical descriptions of various wireless networking standards and concepts, including Wi-Fi, Bluetooth, WiMAX, and the definition of personal and local area networks, as well as their basic operational principles (e.g., MAC addresses, SSIDs, beacons).
   • Potential Anticipation (35 U.S.C. § 102): These NPL documents establish that the underlying short-range and long-range wireless communication technologies and their basic methods of operation (e.g., how identifiers like MAC addresses or SSIDs are used for detection) were generally known in the art before the filing date of US8116749. They anticipate the technological building blocks but not the specific system architecture and method claimed in US8116749.

Obviousness Analysis under 35 U.S.C. § 103 for US Patent 8,116,749

A person having ordinary skill in the art (PHOSITA) in mobile communication and internet services, at the time of the invention (priority date September 8, 2008), would have found the claimed subject matter of US Patent 8,116,749 obvious in light of combinations of existing prior art references. The patent itself highlights the known limitations of existing peer-to-peer (P2P) proximity-based communication systems and the established functionalities of central server-based internet services, thereby providing clear motivations for their combination.

Identified Prior Art References:

1. US 2008/0182591 A1: This published US Patent application describes a peer-to-peer approach to mobile social networking, explicitly teaching the use of short-range wireless for device detection and direct communication between devices. [cite: The full patent text]
2. Flobbi, Mobile-Cheddar, Peer-2-Me: These are examples of peer-to-peer mobile social networking services that utilized short-range wireless capabilities (e.g., Bluetooth) for identifying and interacting with proximate users, with communication often occurring directly over the short-range link. [cite: The full patent text] Flobbi is specifically mentioned as a service where "community members can identify each other via Bluetooth transmissions, then interact with chat. The messaging in this case is carried over Bluetooth itself." [cite: The full patent text]
3. Loopt (www.loopt.com): This application is cited as an example of a GPS-based mobile social networking service, demonstrating location-aware social interaction but suffering from limitations in indoor environments due to GPS signal availability. [cite: The full patent text]
4. General Central Server-based Social Networking and E-commerce Platforms: The patent's background discusses "key internet applications" like social networking and electronic commerce, acknowledging their use of internet services to allow "interaction and sharing of information between users" and that "e-commerce services have provided interfaces optimized for use on mobile phones." [cite: The full patent text] These systems inherently rely on central servers for managing user accounts, storing data, applying policies, and facilitating transactions. The mention of "PayPalTM user name" as a payment method further evidences the common knowledge of server-based financial transaction systems. [cite: The full patent text]
5. Standard Mobile Device Capabilities: The patent notes that "Most mobile phones on the market today support at least two wireless standards; one for the cellular wireless wide area network connection (WWAN) and one for a wireless personal or local area network (WPAN, WLAN)." [cite: The full patent text] It also states that "IP based networking is standard for WWAN or 3G connections... and as a result, communication between one device to another using the WWAN is currently supported in many devices with no modification." [cite: The full patent text] This establishes that both short-range (Bluetooth, Wi-Fi) and long-range (cellular data) wireless communication capabilities were standard features of mobile devices at the time.

Obvious Combinations of Prior Art and Motivations:

The core inventive step described in US 8,116,749 is the combination of short-range wireless proximity detection with long-range wireless communication to a central server that brokers all subsequent application data exchange and enforces policies. A PHOSITA would have been motivated to combine the features of P2P proximity systems (e.g., US 2008/0182591 A1, Flobbi) with the well-understood functionalities of central server-based internet applications (e.g., general social networking and e-commerce platforms) to overcome the known deficiencies of pure P2P approaches.

Combination: US 2008/0182591 A1 (or Flobbi) + General Central Server-based Social Networking/E-commerce Platforms + Standard Mobile Device Architecture (with both short-range and long-range wireless).

Motivation for Combination:

A PHOSITA, observing the landscape of mobile communication in 2008, would recognize several limitations in existing systems that would drive the claimed combination:

1. Overcoming Range Limitations of Pure P2P: Prior art P2P systems, like Flobbi, were limited to communication only when devices were within short-range proximity. The patent explicitly states, "one can not communicate with a peer once the devices are no longer in proximity." [cite: The full patent text] A PHOSITA would be motivated to enable persistent communication beyond physical proximity. Since mobile devices already possessed long-range WWAN capabilities [cite: The full patent text], and central servers were commonly used to maintain persistent sessions in general internet applications, it would be an obvious design choice to route communications through a central server via the long-range network once initial proximity was detected. This directly addresses the known limitation of P2P range.

2. Enhancing Security and Policy Enforcement: The patent's background identifies that pure P2P models struggle with "enforcing policy associated with the disclosure of information to unknown entities in a secure and fraud resistant manor." [cite: The full patent text] In contrast, central servers are well-established for managing user accounts, enforcing access controls, and applying detailed disclosure policies (e.g., "friends lists" and privacy settings in social networking sites). A PHOSITA would naturally combine the proximity detection of P2P with the robust security and policy features of central servers to address these known vulnerabilities and provide a more trustworthy environment for information exchange. The patent also notes that "Reliance on a central server also allows the secure and fraud resistant application of disclosure policy." [cite: The full patent text]

3. Facilitating Secure Proximity-Based Electronic Commerce: The patent explicitly mentions that "mobile electronic payments for individuals who are in close proximity to each other have not been practical for a number of reasons," including the critical "need for a third trusted party to help facilitate the electronic transaction." [cite: The full patent text] Central servers already served as trusted intermediaries for financial transactions in conventional e-commerce (e.g., PayPal). [cite: The full patent text] Applying this established model of a central, trusted third-party server to transactions initiated by proximity detection would be a straightforward and obvious solution to a recognized problem in mobile e-commerce.

4. Improving Anonymity and Privacy with Dynamic Identifiers: The patent highlights that static identifiers in P2P systems can "compromise the identity of the device" because "information related to a user's device must be disclosed in the process of detection in the form of a static identifier." [cite: The full patent text] The concept of using temporary or rotating identifiers for enhanced anonymity and security is a known principle in network security. A PHOSITA would be motivated to apply this principle by having the central server, which is already managing user accounts and identities, coordinate the dynamic assignment and change of these short-range wireless identifiers (e.g., MAC addresses or device names). The patent describes this by stating "the system may coordinate the change of the identifiers from time to time such that the disclosure of an identifier by one device to another does not compromise the identity of the device," and that "the identifier may be assigned from a central server and such server coordinate the identifier's change from time to time." [cite: The full patent text]

Obviousness of Independent Claims:

Independent Claim 1 (Method):

• Steps 1 & 2 (Short-range detection of identifier by a first device; sending it to a central server via long-range wireless): Prior art like US 2008/0182591 A1 and Flobbi teach the short-range detection of identifiers from nearby devices. [cite: The full patent text] The motivation to send this identifier to a central server via the ubiquitous long-range wireless capabilities of mobile phones [cite: The full patent text] arises from the desire to leverage the server's known advantages in managing communication persistence, security, and policies, which P2P lacks.
• Steps 3 & 4 (Central server processes identifier, applies policies, and sends information back): These steps describe standard server-side logic in general social networking and e-commerce platforms for managing user accounts, retrieving associated information, and applying access/disclosure policies. The motivation is directly tied to overcoming the P2P limitation of difficult policy enforcement and providing a secure environment. [cite: The full patent text]
• Step 5 (All application data exchanged via central server over long-range; short-range for detection only): This explicit architectural choice is an obvious design decision for a PHOSITA seeking to overcome the range limitations of P2P, ensure centralized security and policy enforcement, and enable robust e-commerce, all by utilizing existing long-range communication infrastructure and proven server-brokering models. [cite: The full patent text]

Independent Claim 13 (Mobile Device):

• The components of the mobile device (short-range wireless for detection, long-range wireless for server communication, and a processor/memory configured to perform the steps) would be obvious. Mobile phones already possessed both short-range (Bluetooth, Wi-Fi) and long-range (WWAN) wireless components. [cite: The full patent text] Configuring the processor and memory to execute the method steps described in Claim 1 would be a straightforward implementation for a PHOSITA, driven by the motivations to improve upon P2P systems using centralized server capabilities.

Independent Claim 19 (System):

• Central server storing accounts, linking entities/devices/identifiers, and policies: This is a fundamental aspect of any central server-based social network or e-commerce system. The policies and account structures are standard for managing user data and access. [cite: The full patent text]
• First wireless device with short-range detection and long-range server communication components and processor functionality: As discussed for Claim 13, these are standard mobile device features combined in an obvious manner to leverage server-side benefits. [cite: The full patent text]
• Central server processor/memory receiving identifier, identifying entity, determining information based on policies, and sending information: This describes routine server functionality for managing user interactions, authentication, and content delivery based on predefined rules, common in internet applications.
• All application data communications routed through the central server via long-range wireless: This system architecture, where the central server brokers all substantive communication, directly addresses the known problems of P2P systems (persistence, security, e-commerce) by applying known centralized solutions. [cite: The full patent text]

In conclusion, the combination of widely known short-range wireless proximity detection techniques (e.g., from US 2008/0182591 A1 or Flobbi) with established central server functionalities for persistent communication, robust security, policy enforcement, e-commerce transaction brokering, and dynamic identity management (prevalent in general internet social networking and e-commerce, and using standard mobile device long-range capabilities) would have been obvious to a PHOSITA seeking to overcome the recognized deficiencies of pure peer-to-peer mobile interaction systems.

US Patent 8,116,749: Patent Term, Continuations, Divisionals, and Family Members

Patent Term Adjustments (PTA) and Extensions (PTE)

US Patent 8,116,749 has an "Active" legal status, expiring on May 21, 2029. [cite: The full patent text] This expiration date already reflects any Patent Term Adjustments (PTA) that may have been granted. PTA extends the term of a U.S. patent to compensate for certain delays by the USPTO during the prosecution of a utility patent application. Delays by the USPTO can include not issuing a first office action within 14 months, not responding to an applicant's reply within four months, or not issuing a patent within three years of the filing date. Applicant delays can reduce any awarded PTA.

Patent Term Extensions (PTE) under 35 U.S.C. § 156 are typically granted for patents on specific products (e.g., human drugs, medical devices) to restore time lost during regulatory review by agencies like the FDA. There is no indication that US Patent 8,116,749, relating to wireless communication protocols, is eligible for or has received a Patent Term Extension.

Continuation Applications, Divisional Applications, and Related Family Members

A U.S. utility patent generally expires 20 years from its earliest filing date. If a patent claims priority to an earlier application, the 20-year term is calculated from the filing date of that earliest application. Continuation applications, divisional applications, and continuation-in-part (CIP) applications are types of "continuing applications" that share the same priority date and specification (or substantially the same in the case of CIPs) as a parent application.

• Continuation applications pursue additional claims to an invention disclosed in the parent application.
• Divisional applications are filed when the parent application contains claims to more than one distinct invention, often in response to a restriction requirement from the examiner.
• Continuation-in-part (CIP) applications include substantially the same specification as the parent but introduce additional subject matter.

US Patent 8,116,749 claims the benefit of U.S. Provisional Application No. 61/095,001, filed on September 8, 2008, and U.S. Provisional Application No. 61/095,359, filed on September 9, 2008. The main application, US12/364,938, was filed on February 3, 2009. [cite: The full patent text] This indicates that these provisional applications are the earliest priority documents.

The Google Patents "Other versions" section for US8116749B2 lists US20100062746A1. [cite: The full patent text] This is the patent's own pre-grant publication.

To identify other continuation, divisional, or related family members that may have issued or are pending, a detailed search of the USPTO's Patent Center using the application number US12/364,938 (and its associated provisional applications) would be necessary to establish the full "patent family." A patent family is a set of interrelated patent applications or patents covering the same invention.

Projected Expiration Date

The patent's "Priority date" is listed as September 8, 2008, and the Google Patents "Legal status" indicates an adjusted expiration date of May 21, 2029. [cite: The full patent text]

Assuming the patent term is 20 years from the earliest priority date, and accounting for any PTA, the calculation would be:
September 8, 2008 (earliest priority date) + 20 years = September 8, 2028.

However, the Google Patents listing explicitly states an adjusted expiration date of May 21, 2029. [cite: The full patent text] This indicates that Patent Term Adjustment (PTA) was applied to extend the patent term beyond the standard 20 years from the earliest priority date. The specific calculation of PTA is complex and accounts for various delays by the USPTO during prosecution, offset by any applicant delays.

Therefore, the projected expiration date for US Patent 8,116,749, including any Patent Term Adjustments, is May 21, 2029. [cite: The full patent text]