IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Transcription

1 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 1 of 72 DLA PIPER LLP (US) PH OE NI X Laura Sixkiller (Bar No ) Laura.Sixkiller@dlapiper.com DLA PIPER LLP (US) 2525 East Camelback Road, Suite 1000 Phoenix, AZ Tel: Fax: Attorneys for Plaintiff Modular Security Systems, Inc. v. Plaintiff, Inc.; and Amec Foster Wheeler USA Corporation, Defendants. and related counter/cross-claims. IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA CASE NO. 2:16-cv PHX-DJH AMENDED COMPLAINT FOR PATENT INFRINGEMENT JURY TRIAL REQUESTED Plaintiff Modular Security Systems, Inc. ( MSSI ) hereby files this Amended Complaint for Patent Infringement against Defendants Inc. ( Turnstiles ) and Amec Foster Wheeler USA Corporation ( AMEC ) (collectively, Defendants ) and avers as follows: THE PARTIES 1. MSSI is an Ohio Corporation with its principal place of business at 1804 North Second Street, Ironton, Ohio Upon information and belief, Turnstiles is a Colorado corporation having a registered address and place of business at 8641 South Warhawk Road, Conifer, CO Upon information and belief, AMEC is a Delaware corporation having a statutory agent located at 3800 N. Central Avenue, Suite 460, Phoenix, AZ

2 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 2 of 72 DLA PIPER LLP (US) PH OE NI X JURISDICTION AND VENUE 4. This action arises under the patent laws of the United States, Title 35 of the United States Code. This Court has subject matter jurisdiction pursuant to 28 U.S.C and 1338(a). 5. This Court has personal jurisdiction over Turnstiles and AMEC. For example, and as evidenced by the below Certificate of Final Acceptance of Work, the Defendants have purposefully conducted business with each other in Arizona. The Certificate of Final Acceptance of Work is signed by representatives of both Defendants and is dated December 4,

3 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 3 of 72 DLA PIPER LLP (US) PH OE NI X Specifically, the Defendant Turnstiles has installed and tested, and Defendant AMEC is using, an access system that was installed at West Elliot Road, Tonopah, Arizona (hereinafter the Tonopah System ) as evidenced by the above Certificate of Final Acceptance of Work. 7. As described below, the Tonopah System infringes one or more claims of U.S. Patent Nos. 9,051,748, 8,671,624, 8,015,754, and 9,404,278 which are owned by the Plaintiff. As such, specific personal jurisdiction over both Defendants is proper as this cause of action arises from the Defendants installation, testing, and use of the Tonopah System in Arizona. 8. Venue is proper because Defendants are subject to personal jurisdiction in this District and because the requirements of 28 U.S.C and 1400(b) have been satisfied. THE PATENTS-IN-SUIT 9. This lawsuit asserts causes of action for infringement of United States Patent Nos. 9,051,748 ( the 748 Patent ), 8,671,624 ( the 624 Patent ), 8,015,754 ( the 754 Patent ), and 9,404,278 ( the 278 Patent ) (collectively, the Patents-in- Suit ). 10. The 748 Patent was duly and legally issued by the United States Patent and Trademark Office on June 9, 2015 after a full and fair examination. A true and correct copy of the 748 Patent is attached as Exhibit A. 11. The 624 Patent was duly and legally issued by the United States Patent and Trademark Office on March 18, 2014 after a full and fair examination. A true and correct copy of the 624 Patent is attached as Exhibit B. 12. The 754 Patent was duly and legally issued by the United States Patent and Trademark Office on September 13, 2011 after a full and fair examination. A true and correct copy of the 754 Patent is attached as Exhibit C. 13. The 278 Patent was duly and legally issued by the United States Patent and Trademark Office on August 2, 2016 after a full and fair examination. A true and correct -3-

4 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 4 of 72 DLA PIPER LLP (US) PH OE NI X copy of the 278 Patent is attached as Exhibit D. 14. The Patents-in-Suit disclose and claim an access system. An example access system disclosed in the Patents-in-Suit is reproduced below. 15. The system comprises a portable container 110 that can be put on a vehicle or trailer and transported or towed to reach multiple destinations, and can be used to control access to an area. The portable container 110 has a housing 20 that may comprise at least one passing room 30. The passing room 30 controls the movement of people between a first area 60 and another area 62. The passing room 30 has at least a first opening 32 and at least a second opening 34. The second opening 34 is spaced apart from the first opening 32 to define a walkway 36 in-between. A closing device 33 (e.g., a door, shutters) is employed to close the openings 32 and 34 when the passing room 30 is not in use. 16. The portable container 110 can comprise at least one barrier device 38 in the inside of the passing room 30, which restricts a person's movement through the passing room 30. In one embodiment, a turnstile (e.g., a full-body turnstile, a partialbody turnstile, a bi-directional turnstile, or a unidirectional turnstile) is employed as the -4-

5 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 5 of 72 DLA PIPER LLP (US) PH OE NI X barrier device 38. The barrier device 38 is located inside the walkway 36, defining a first space 50 between the barrier device 38 and the first opening 32, and defining a second space 52 between the barrier device 38 and the second opening The passing room 30 can include at least one security device 54 (e.g., one or more card readers, metal detectors, biometric readers, iris scanners, fingerprint or palm readers, explosive detectors, physical or facial recognition technology, electronic key locks, or mechanical key locks, or any combination thereof) issuing permission for a person to pass through the passing room Based on assignments from the inventor, MSSI is the owner of the Patentsin-Suit. Accordingly, MSSI is the owner of the entire right, title, and interest in and to the Patents-in-Suit by assignment, and has the exclusive right to sue for infringement and recover damages for all past, present, and future infringement, including against the Defendants. DEFENDANTS INFRINGING ACTIVITIES 19. Defendants have directly infringed one or more claims of the Patents-in- Suit by making, using, offering to sell, or selling, in this judicial district and elsewhere in the United States, access systems such as e.g., the Tonopah System. Defendant Turnstiles website contains images of the Tonopah System, some of which are reproduced below. -5-

6 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 6 of DLA PIPER LLP (US) PH OE NI X Defendant Turnstiles website contains the floor plan for the Tonopah System, which is reproduced below. // -6-

7 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 7 of 72 DLA PIPER LLP (US) PH OE NI X // -7-

8 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 8 of 72 DLA PIPER LLP (US) PH OE NI X Below is another image of the Tonopah System in use and as installed. 22. As can be clearly seen from the above images, the Tonopah System comprises an access system. The Tonopah System literally reads on at least the access system claimed in claim 18 of 748 Patent. 23. For example, as shown above and below, the Tonopah System comprises a portable structure comprised of durable material enabling the structure to withstand repeated lifting, placing and towing, the structure including access openings defined as openings that provide access through the structure between a first area adjacent on one side of the structure and a second area adjacent a second side of the structure, all of the access openings being lockable or closable [e.g., via roll-up doors] to prevent access through the structure, and wherein the first area and the second area defining a surface upon which the structure sits. // -8-

9 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 9 of DLA PIPER LLP (US) PH OE NI X For example, as shown below, the Tonopah System comprises at least one passing area in the structure, the at least one passing area having at least a first opening, and at least a second opening, and a pathway, wherein a floor of the at least one passing area spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area. -9-

10 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 10 of DLA PIPER LLP (US) PH OE NI X For example, and as shown above, the Tonopah System comprises at least one turnstile in the pathway, defining a first space between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening. -10-

11 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 11 of 72 DLA PIPER LLP (US) PH OE NI X For example, and as shown in the above floor plan, the Tonopah System comprises at least one electronically controlled security device [e.g., card reader] coupled to the at least one turnstile so that the at least one electronically controlled security device actuates the at least one turnstile to permit or block passage through the at least one turnstile to thereby prevent unauthorized access from the first area into the second area. 27. For example, and as shown in the above floor plan, in the Tonopah System the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the turnstile, to the second passing room opening. 28. Likewise, the Tonopah System literally reads on at least the access control system claimed in claim 1 of 624 Patent. 29. For example, as shown above, the Tonopah System comprises a rectangular portable container comprised of durable material enabling the portable container to withstand repeated lifting, placing and towing, wherein all access through the portable container between a first area on one side of the portable container and a second area on a second side of the portable container includes openings having closures with locks thereon, the first area and the second area defining a surface upon which the container sits. 30. For example, as shown above, the Tonopah System comprises at least one passing room disposed in the container, the at least one passing room having at least a first passing room opening, and at least a second passing room opening, and a walkway in-between, wherein a floor of the at least one passing room spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area. 31. For example, as shown above, the Tonopah System comprises at least one barrier device located in the passing room, defining a first space between the first passing room opening and the at least one barrier device, and a second space between the at least -11-

12 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 12 of 72 DLA PIPER LLP (US) PH OE NI X one barrier device and the second passing room opening. 32. For example, as shown above, the Tonopah System comprises at least one electronic control coupled to the at least one barrier device and configured and arranged to selectively cause the at least one barrier device to permit or block passage through the at least one barrier device. 33. For example, as shown above, in the Tonopah System the at least one electronic control and the at least one barrier device are configured electronically coupled, so that the at least one electronic control actuates the at least one barrier device to permit or block passage through the passing room to thereby prevent unauthorized access from the first area into the second area. 34. For example, as shown above, in the Tonopah System the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening. 35. Likewise, the Tonopah System literally reads on at least the access system claimed in claim 32 of 754 Patent. 36. For example, as shown above and below, the Tonopah System comprises a rectangular portable structure without wheels, having a lockable accessible door on at least one side of the portable structure, and comprised of a steel frame and durable material enabling the portable structure to withstand repeated lifting, placing and towing, wherein all access into or from the portable structure consists only of openings associated with lockable or closable access between a first area on one side of the portable structure and a second area on a second side of the portable structure, such that no additional openings in the portable structure exist through which a person may gain unauthorized access from the first area into the second area. // -12-

13 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 13 of DLA PIPER LLP (US) PH OE NI X -13-

14 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 14 of DLA PIPER LLP (US) PH OE NI X -14-

15 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 15 of DLA PIPER LLP (US) PH OE NI X For example, as shown above, the Tonopah System comprises at least one passing area in the structure, the at least one passing area having at least a first opening, and at least a second opening, and a pathway. -15-

16 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 16 of 72 DLA PIPER LLP (US) PH OE NI X For example, as shown above, the Tonopah System comprises at least one turnstile in the pathway, defining a first space between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening. 39. For example, as shown above, the Tonopah System comprises at least one security device coupled to the at least one turnstile and configurable to control passage through the at least one turnstile from the first area into the second area. 40. Likewise, the Tonopah System literally reads on at least the access system claimed in claim 18 of 278 Patent. 41. For example, as shown above, the Tonopah System comprises a portable structure comprised of durable material enabling the structure to withstand repeated lifting, placing and towing, the structure including access openings defined as openings that provide access through the structure between a first area adjacent one side of the structure and a second area adjacent a second side of the structure, all of the access openings being lockable or closable to prevent access through the structure, and wherein the container is configurable such that a bottom surface of the container sits on a surface between the first area and the second area to prevent access to the second area from the first area. 42. For example, as shown above, the Tonopah System comprises at least one passing area in the structure, the at least one passing area having at least a first opening, and at least a second opening, and a pathway, wherein a floor of the at least one passing area spans between the first area and the second area. 43. For example, as shown above, the Tonopah System comprises at least one turnstile in the pathway, defining a first space between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening. 44. For example, as shown above, the Tonopah System comprises at least one electronically controlled security device coupled to the at least one turnstile so that the at -16-

17 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 17 of 72 1 least one electronically controlled security device actuates the at least one turnstile to 2 permit or block passage through the at least one turnstile to thereby prevent unauthorized 3 access from the first area into the second area. 4 For example, as shown above, in the Tonopah System the at least one 5 passing area comprises walls defining a single, substantially linear path for each passing 6 room from the first passing room opening, to the turnstile, to the second passing room 7 opening Upon information and belief, Turnstiles used the Tonopah System in this 9 District by testing the Tonopah System after installation of that system at Tonopah. 10 Upon information and belief, AMEC and its employees and/or agents have used the 11 Tonopah System as installed at Tonopah Upon information and belief, AMEC has installed fencing at the site of the 13 Tonopah System that literally reads on at least the access control system and methods 14 claimed in claims 5 and 12 of the 748 Patent, claim 5 of the 624 Patent, claims 5 and of the 754 Patent, and claims 5 and 12 of the 278 Patent. 16 COUNT I 17 (Infringement of the 748 Patent) through 47 above Plaintiff refers to and incorporates herein the allegations of paragraphs 1 Turnstiles has directly infringed and continues to infringe, either literally or 21 under the doctrine of equivalents, at least claims 1-4, 6, 7, 9-11, and of the Patent ( Turnstiles Asserted Claims of the 748 Patent ) by making, using, offering to 23 sell, or selling, in this judicial district and elsewhere in the United States, systems such as 24 e.g., the Tonopah System. AMEC has directly infringed and continues to infringe, either 25 literally or under the doctrine of equivalents, at least claims 1-3, 5, 9-12, and of the Patent ( AMEC Asserted Claims of the 748 Patent ) by making, using, offering to 27 sell, or selling, in this judicial district, the Tonopah System. Defendants are therefore 28 liable for direct infringement of the 748 Patent pursuant to 35 U.S.C. 271(a). DLA P IPER LLP (US) PHOE NI X

18 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 18 of 72 1 Defendant Turnstiles has induced infringement, either literally or under the 2 doctrine of equivalents, of one or more of the AMEC Asserted Claims of the 748 Patent. 3 For example, Turnstiles has induced infringement by providing instructions, training, or 4 otherwise inducing AMEC to use and operate the Tonopah System and install fencing at 5 the site of the Tonopah System. Turnstiles had knowledge of the 748 patent prior to the 6 sale and use of the Tonopah System at least as a result of s dated July 2, 2015 and 7 August 6, 2015 sent from MSSI s attorneys to Turnstiles attorneys alleging that systems 8 such as the Tonopah System infringe the 748 patent. Turnstiles is liable for inducement 9 of infringement of the 748 Patent pursuant to 35 U.S.C. 271(b) The Plaintiff has suffered and continues to suffer damages as a result of 11 Defendants infringement of the 748 Patent. Pursuant to 35 U.S.C. 284, Plaintiff is 12 entitled to recover damages in an amount that is no less than a reasonable royalty from 13 Defendants for their infringing acts Unless Defendants are enjoined from further infringement of the Patent, Defendants infringement will continue to damage Plaintiff, causing irreparable 16 harm for which there is no adequate remedy at law. 17 COUNT II 18 (Infringement of the 624 Patent) through 52 above Plaintiff refers to and incorporates herein the allegations of paragraphs 1 Turnstiles has directly infringed and continues to infringe, either literally or 22 under the doctrine of equivalents, at least claims 1-3, 4, 6-11, 13, 14, and of the Patent ( Turnstiles Asserted Claims of the 624 Patent ) by making, using, offering 24 to sell, or selling, in this judicial district and elsewhere in the United States, systems such 25 as e.g., the Tonopah System. Defendants are therefore liable for direct infringement of 26 the 624 Patent pursuant to 35 U.S.C. 271(a). AMEC has directly infringed and 27 continues to infringe, either literally or under the doctrine of equivalents, at least claims and 5-7 of the 624 Patent ( AMEC Asserted Claims of the 624 Patent ) by making, DLA P IPER LLP (US) PHOE NI X

19 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 19 of 72 1 using, offering to sell, or selling, in this judicial district, the Tonopah System. 2 Defendants are therefore liable for direct infringement of the 624 Patent pursuant to 35 3 U.S.C. 271(a) doctrine of equivalents, of one or more of the AMEC Asserted Claims of the 624 Patent. 6 For example, Turnstiles has induced infringement by providing instructions, training, or 7 otherwise inducing AMEC to use and operate the Tonopah System and install fencing at 8 the site of the Tonopah System. Turnstiles had knowledge of the 624 patent prior to the 9 sale and use of the Tonopah System at least as a result of letters dated February 23, and May 20, 2015 sent from Plaintiff s attorneys to Turnstiles attorneys (February 23, letter) or the CEO of Turnstiles (May 20, 2015 letter) alleging that systems, such as 12 the Tonopah System infringe the 624 Patent. Turnstiles is liable for inducement of 13 infringement of the 624 Patent pursuant to 35 U.S.C. 271(b) The Plaintiff has suffered and continues to suffer damages as a result of 15 Defendants infringement of the 624 Patent. Pursuant to 35 U.S.C. 284, Plaintiff is 16 entitled to recover damages in an amount that is no less than a reasonable royalty from 17 Defendants for their infringing acts Unless Defendants are enjoined from further infringement of the Patent, Defendants infringement will continue to damage Plaintiff, causing irreparable 20 harm for which there is no adequate remedy at law. 21 COUNT III 22 (Infringement of the 754 Patent) through 57 above Plaintiff refers to and incorporates herein the allegations of paragraphs 1 Turnstiles has directly infringed and continues to infringe, either literally or 26 under the doctrine of equivalents, at least claims 1-4, 7-12, 14-17, 25, 27-33, 35, and of the 754 Patent ( Turnstiles Asserted Claims of the 754 Patent ) by making, using, 28 offering to sell, or selling, in this judicial district and elsewhere in the United States, DLA P IPER LLP (US) PHOE NI X Defendant Turnstiles has induced infringement, either literally or under the -19-

20 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 20 of 72 1 systems such as e.g., the Tonopah System. Defendants are therefore liable for direct 2 infringement of the 754 Patent pursuant to 35 U.S.C. 271(a). AMEC has directly 3 infringed and continues to infringe, either literally or under the doctrine of equivalents, at 4 least claims 1-3, 5, 7, 8, 25, 26, 31, 32, 35, and 36 of the 754 Patent ( AMEC Asserted 5 Claims of the 754 Patent ) by making, using, offering to sell, or selling, in this judicial 6 district, the Tonopah System. Defendants are therefore liable for direct infringement of 7 the 754 Patent pursuant to 35 U.S.C. 271(a). 8 Defendant Turnstiles has induced infringement, either literally or under the 9 doctrine of equivalents, of one or more of the AMEC Asserted Claims of the 754 Patent. 10 For example, Turnstiles has induced infringement by providing instructions, training, or 11 otherwise inducing AMEC to use and operate the Tonopah System and install fencing at 12 the site of the Tonopah System. Turnstiles had knowledge of the 754 patent prior to the 13 sale and use of the Tonopah System at least as a result of letters dated February 23, and May 20, 2015 sent from Plaintiff s attorneys to Turnstiles attorneys (February 23, letter) or the CEO of Turnstiles (May 20, 2015 letter) alleging that systems, such as 16 the Tonopah System infringe the 754 Patent. Turnstiles is liable for inducement of 17 infringement of the 754 Patent pursuant to 35 U.S.C. 271(b) The Plaintiff has suffered and continues to suffer damages as a result of 19 Defendants infringement of the 754 Patent. Pursuant to 35 U.S.C. 284, Plaintiff is 20 entitled to recover damages in an amount that is no less than a reasonable royalty from 21 Defendants for their infringing acts Unless Defendants are enjoined from further infringement of the Patent, Defendants infringement will continue to damage Plaintiff, causing irreparable 24 harm for which there is no adequate remedy at law. 25 COUNT IV 26 (Infringement of the 278 Patent by Defendant AMEC) through 62 above. DLA P IPER LLP (US) PHOE NI X 60. Plaintiff refers to and incorporates herein the allegations of paragraphs 1-20-

21 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 21 of Upon information and belief, Defendant AMEC has directly infringed and 2 continues to infringe, either literally or under the doctrine of equivalents, at least claims 3 1-3, 5, 9-12, of the 278 Patent ( AMEC Asserted Claims of the 278 Patent ) by 4 making, using, offering to sell, or selling in this judicial district, the Tonopah System. 5 AMEC is therefore liable for direct infringement of the 278 Patent pursuant to 35 U.S.C (a) The Plaintiff has suffered and continues to suffer damages as a result of 8 AMEC s infringement of the 278 Patent. Pursuant to 35 U.S.C. 284, Plaintiff is 9 entitled to recover damages in an amount that is no less than a reasonable royalty from AMEC for its infringing acts. 66. Unless AMEC is enjoined from further infringement of the 278 Patent, 12 AMEC s infringement will continue to damage Plaintiff, causing irreparable harm for 13 which there is no adequate remedy at law through 66 above Plaintiff refers to and incorporates herein the allegations of paragraphs 1 Upon information and belief, Defendants have used, distributed, offered for 18 sale, and sold the Tonopah System and/or trained, provided instructions, or otherwise 19 induced Defendants customers to infringe the Patents-in-Suit with knowledge of 20 Plaintiffs rights in and to the Patents-in-Suit other than the 278 Patent at least as of the 21 date of service of the original complaint in this action, and with respect to Defendant 22 AMEC and the 278 patent, at least as of the date of receipt of this Amended Complaint 23 by AMEC. Defendants infringement of the Patents-in-Suit has therefore been willful Plaintiff seeks a trebling of any damages awarded in this suit, as provided by 35 U.S.C Defendants willful infringement of the Patents-in-Suit makes this an 27 exceptional case, as provided by 35 U.S.C Plaintiff therefore seeks an award of 28 their reasonable attorneys fees and costs of suit. DLA P IPER LLP (US) PHOE NI X DEFENDANTS WILLFULNESS -21-

22 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 22 of JURY DEMAND 71. Plaintiff hereby request a trial by jury in this judicial district pursuant to Rule 38 of the Federal Rules of Civil Procedure. 4 PRAYER FOR RELIEF 5 WHEREFORE, Plaintiff respectfully requests that the Court enter judgment 6 against Defendants as follows: 7 A. Judgment in Plaintiff s favor on Count I, Count II, Count III, and Count IV; 8 B. An award to Plaintiff of damages adequate to compensate for Defendants acts of patent infringement, but in no event less than a reasonable royalty, together with interest and costs as fixed by the Court, pursuant to 35 U.S.C. 284; C. A trebling of damages awarded to Plaintiff in this case, due to Defendants willful infringement of the Patents-in-Suit, pursuant to 35 U.S.C. 284; D. An award to Plaintiff of its costs of suit and reasonable attorneys fees pursuant to 35 U.S.C. 285, due to the exceptional nature of this case; E. A grant of a permanent injunction against Defendants pursuant to 35 U.S.C enjoining them from further acts of direct and indirect infringement, including 17 importing, making, using, selling, offering to sell, marketing, or otherwise distributing 18 within the United States without Plaintiffs authorization, systems such as the Tonopah 19 System and inducing Defendants customers to infringe the 748 Patent, the 624 Patent, 20 and the 754 Patent; and F. Such other and further relief that this Court deems just and proper. Dated this 27th day of September s/ Laura Sixkiller LAURA SIXKILLER, Bar No DLA PIPER LLP (US) 2525 East Camelback Road, Suite 1000 Phoenix, AZ Telephone: Facsimile: Attorneys for Plaintiff 28 DLA P IPER LLP (US) PHOE NI X -22-

23 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 23 of CERTIFICATE OF SERVICE I hereby certify that on September 27, 2016, a true and correct copy of the Amended Complaint was filed electronically. Notice of this filing will be sent by operation of the Court s electronic filing system to all parties indicated on the electronic filing receipt s/ April Natzke DLA P IPER LLP (US) PHOE NI X -23-

24 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 24 of 72 EXHIBIT A

25 ! ! Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 25 of 72 (12) United States Patent Slagel (10) Patent No.: US 9,051,748 B2 (45) Date of Patent: *Jun. 9, 2015 (54) CONTAINERIZED ACCESS CONTROL SYSTEM (71) Applicant: Modular Security Systems, Inc., Ironton, OH (US) (72) Inventor: Robert Rhett Slagel, Ironton, OH (US) (73) Assignee: Modular Security Systems, Inc., Ironton, OH (US) ( * ) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. This patent is subject to a terminal disclaimer. ( ); E04H 3/00 ( ); E06B 11/08 ( ); E04H 2001/1283 ( ); GO7C 9/00007 ( ); GO7C 2009/0092 ( ) (58) Field of Classification Search CPC E04H 1/1205; E04B 11/08 USPC 52/79.1, 79.8; 250/287 See application file for complete search history. (56) References Cited 2,309,437 A 3,482,037 A 3,492,767 A 4,308,803 A U.S. PATENT DOCUMENTS 1/1943 Cady 12/1969 Brown et al. 2/1970 Pincus 1/1982 Pretini (Continued) (21) Appl. No.: 14/157,011 FOREIGN PATENT DOCUMENTS (22) Filed: Jan. 16, 2014 (65) Prior Publication Data US 2014/ Al May 15, 2014 BE CA / /2000 (Continued) OTHER PUBLICATIONS (51) Int. Cl. E04H 1/00 E04H 1/12 E04H 3/00 E06B 11/08 GO7C 9/00 (52) U.S. Cl. CPC Related U.S. Application Data (63) Continuation of application No. 13/205,419, filed on Aug. 8, 2011, now Pat. No. 8,671,624, which is a continuation of application No. 12/818,899, filed on Jun. 18, 2010, now Pat. No. 8,015,754, which is a continuation of application No. 10/992,126, filed on Nov. 19, 2004, now Pat. No. 7,762,025. ( ) ( ) ( ) ( ) ( ) E04H 1/00 ( ); E04H 1/1205 U.S. Appl. No. 11/733,464, filed Apr. 1, 2007, Slagel. (Continued) Primary Examiner Basil Katcheves (74) Attorney, Agent, or Firm DLA Piper LLP (US) (57) ABSTRACT A portable container is provided which comprises a passing room(s) allowing entry into a second area into a first area, the passing room having at least two openings with a walkway in-between. Barrier device(s) can be located in the walkway but not connected to the first or second opening. A control room(s) can also be provided, the control room being connected to the passing room(s). 21 Claims, 5 Drawing Sheets I=1

26 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 26 of 72 US 9,051,748 B2 Page 2 (56) References Cited U.S. PATENT DOCUMENTS 4,385,469 A 5/1983 Scheuerpflug et al. 4,480,863 A 11/1984 Hormann 4,481,887 A 11/1984 Urbano 4,513,545 A 4/1985 Hopkins, Jr. 4,586,441 A 5/1986 Zekich 4,656,954 A 4/1987 Tonali 4,683,688 A 8/1987 Wojcinski 5,353,558 A 10/1994 Shea, Sr. et al. 5,542,211 A 8/1996 Colombo GB /1981 GB /1985 GB /1992 GB /1993 GB /2005 GB /2008 NL /1974 NL /1995 RU /2003 WO WO 94/ /1994 WO WO 96/ /1996 WO WO 00/ /2000 WO WO 2006/ /2006 5,579,613 A 12/1996 Carr 5,617,674 A 4/1997 Terrill OTHER PUBLICATIONS press release "Smiths Detection unveils 5,704,163 A 1/1998 Kocznar 5,706,614 A 1/1998 Wiley et al. innovative mobile security checkpoint for screening individuals and 5,676,271 A 10/1997 Reynard 5,727,352 A 3/1998 Bared et al. personal items"; Wiesbaden, Germany, Mar. 2, ,735,639 A 4/1998 Payne et al. press release "Smiths Detection Creates 5,983,578 A 11/1999 Huttie et al. First Mobile Security Screening Checkpoint in Partnership With 6,102,228 A 8/2000 Rene TSWG and TSA Pine Brook, N.J.", Pine Brook, N.J., Apr. 3, ,155,747 A 12/2000 Payne et al. "Mobile Perimeter Checkpoint" brochure 6,170,194 B1 1/2001 Kocznar from L3 Communications (Wolf Coach) company's website; Apr. 6,205,200 B1 3/2001 Boyer et al. 6,299,008 B1 10/2001 Payne ,513,670 B2 2/2003 Minkkinen post.html; "Protected Screening 6,610,977 B2 * 8/2003 Megerle 250/287 Module" from Mifram Security Company's website, Apr. 7, ,724,304 B2 4/2004 Risi / 6,742,301 B1 6/2004 Schwarz check post.asp; "Way Back Machine"; an internet archive. 6,745,520 B2 6/2004 Puskaric et al. Employees' Compensation Case No. 699 of 2005, in the District 6,929,175 B2 8/2005 Stockhammer Court of the Hong Kong Special Administrative Region, Oct. 5, ,972,693 B2 12/2005 Brown et al. A.S. Containers cc., ,973,758 B2 12/2005 Zeik Brijot Imaging Systems, Inc., press release "Brijot Delivers First 6,983,567 B2 1/2006 Ciotti ScanPortTM Production Order to U.S. Army for Deployment in 7,023,339 B2 4/2006 Stomski Middle East"; Orlando, Fla., May 20, ,102,512 B2 9/2006 Pendergraft International Search Report issued in Application No. PCT/US08/ 7,119,682 B1 10/2006 Fisher 7,264,273 B2 9/2007 Ryan mailed Jul. 15, ,343,762 B1 3/2008 Slagel Written Opinion issued in Application No. PCT/US08/ ,762,025 B2 7/2010 Slagel mailed Jul. 15, ,823,338 B2 11/2010 Slagel English language translation of NL , published May 16, 8,015,754 B2 9/2011 Slagel ,671,624 B2 3/2014 Slagel English language abstract of ES , published Apr. 1, / Al 11/2004 Ryan English language abstract of ES , published Apr. 16, / Al 11/2004 Brown et al. English language abstract of DE , published Apr. 6, 2005/ Al 4/2005 Pendergraft / Al 5/2006 Slagel English language abstract of FR , published Mar. 5, / Al 7/2006 Mesinger English language abstract of RU , published Dec. 10, / Al 10/2008 Slagel et al. 2009/ Al 4/2009 Slagel English language abstract of EP , published Sep. 8, / Al 12/2010 Slagel English language abstract of FR , published Nov. 2, / Al 1/2011 Slagel English language abstract of DE , published Apr. 1, / Al 12/2011 Slagel English language abstract of FR , published Oct. 26, English language abstract of BE , published Mar. 4, FOREIGN PATENT DOCUMENTS Letter dated Dec. 16, 2008, from Haseltine Lake, including analysis of current claim of counterpart EP DE /2004 English language abstract of EP , published Jul. 27, DE /2006 English language abstract of EP , published Feb. 20, DE /2008 International Preliminary Report on Patentability (IPRP) issued in EP /1980 PCT/U52008/ on Oct. 22, EP /1985 Related U.S. Appl. No. 10/992,126 captured May 2, EP /1999 Related U.S. Appl. No. 11/733,464 captured May 2, EP /2005 Related U.S. Appl. No. 12/818,899 captured May 2, ES /1994 Relate U.S. Appl. No. 12/889,861 captured. ES /1995 FR /1982 ISO Standards Handbook, Freight Containers, fourth edition 2006 (a FR /1990 CD copy of ISO Standards Handbook will follow via mail). FR /2001 Related U.S. Appl. No. 13/205,419 captured May 2, GB /1980 GB /1981 * cited by examiner

27 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 27 of 72 U.S. Patent Jun. 9, 2015 Sheet 1 of 5 US 9,051,748 B2 Ii III CO, co

28 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 28 of 72 U.S. Patent Jun. 9, 2015 Sheet 2 of 5 US 9,051,748 B MIMIISIII ) I "il 111=M111= NIMIIIIIIMINIMII it II II H INIMIIIIIIIMI I 1 # II ) S III

29 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 29 of 72 U.S. Patent Jun. 9, 2015 Sheet 3 of 5 US 9,051,748 B2 0 ;

30 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 30 of 72 U.S. Patent Jun. 9, 2015 Sheet 4 of 5 US 9,051,748 B2 O to

31 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 31 of 72 U.S. Patent Jun. 9, 2015 Sheet 5 of 5 US 9,051,748 B2 Co CO

32 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 32 of 72 1 CONTAINERIZED ACCESS CONTROL SYSTEM US 9,051,748 B2 CROSS-REFERENCE TO RELATED APPLICATIONS 5 This application is a continuation of U.S. application Ser. No. 13/205,419 filed Aug. 8, 2011, which is a continuation of U.S. application Ser. No. 12/818,899 filed Jun. 18, 2010, which is a continuation of U.S. application Ser. No. 10/992, 126 filed Nov. 19, The entirety of all of the above-listed applications are incorporated herein by reference. FIELD OF THE INVENTION The present invention is directed generally to access control systems and specifically to portable access control systems. BRIEF DESCRIPTION OF THE DRAWINGS FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. 25 FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. FIG. 4 is a detailed top cross-sectional view of a passing room 30 and a control room 40, according to one embodiment of the invention. 30 FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. DESCRIPTION OF EMBODIMENTS OF THE 35 INVENTION The Containerized Access Control Unit FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the 40 invention. The portable container 110 has housing 20, which, in one embodiment, is rectangular shaped. However, any other shape is also possible. The housing 20 can be made of a durable material (e.g., iron, stainless steel), enabling the portable container 110 to be securely towed by a vehicle. One or 45 both ends of the portable container 110 can be equipped to be towed by a vehicle. In addition, a security system to ensure that only authorized vehicles move the portable container 110 can also be included. Furthermore, fencing 63 or other material may be attached to the portable container 110 to surround so a secured area 62 (e.g., see FIG. 5). FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. The portable container 110 comprises at least one passing room 30, which is provided for controlling and directing the 55 movement of people between two areas. In addition, the portable container 110 can also comprise at least one control room 40, for housing a guard or supervisor. The portable container 110 can be a standard shipping container. In one embodiment, the standard shipping con- 60 tainer can be a shipping container which complies with international standards as determined by the International Organization for Standardization (ISO). In one embodiment, the shipping container can include the following features: made from corrugated steel; heavy steel framed to withstand 65 repeated lifting and placing; able to hold a cargo as large as 30 tons; marine grade plywood flooring; lockable accessible doors on one or both sides of the shipping container; forklift pockets; corner connectors; or a venting system; or any combination thereof. In one embodiment, the portable container 110 can be delivered to a user in a ready-made or turn-key state. In this case, if electricity is not required, the portable container 110 is ready to be used. If electricity is required, all that needs to be done to render the portable container 110 usable is the provision of electricity. In another embodiment, the portable container can be customized by the user to meet specific needs of the user. FIG. 4 is a detailed top cross-sectional view of a passing room 30 and a control room 40, according to one embodiment of the invention. Passing Room. The passing room 30 controls the movement of people between area 60 and another area 62. A fence 63 can also be used to separate areas 60 and 62 in locations where the portable containers 110 are not used. The passing room 30 has at least a first opening 32, and at least a second opening 34, which in one embodiment is on a side opposite the first opening 32. However, the first opening 32, second opening 34, and additional openings can be located on any side of the passing room 30, including being located on the same side of the passing room 30. The second opening 34 is spaced apart from the first opening 32 so as to define a walkway 36 in-between. A closing device 33 (e.g., a door, shutters) is employed to close the openings 32 and 34 when passing room 30 is not in use. A security sensing device for safeguarding the closing device 33 can be employed. The portable container 110 can comprise at least one barrier device 38 in the inside of the passing room 30, which restricts a person's movement through the passing room 30. In one embodiment, a turnstile (e.g., a full-body turnstile, a partial-body turnstile, a bi-directional turnstile, or a uni-directional turnstile) is employed as a barrier device of the portable container 110, but other barrier device may be used to restrict a person's movement through the passing room 30. For example, a sliding door, a revolving door, moving bars, and gates may be used as a barrier device. The barrier device 38 is located inside the walkway 36, defining a first space 50 between the barrier device 38 and the first opening 32, and defining a second space 52 between the barrier device 38 and the second opening 34. In one embodiment, the passing room 30 can alternatively include at least one security device 54 issuing permission for a person to pass through the passing room 30. In one embodiment, the security device 54 can comprise, but is not limited to, one or more card readers, metal detectors, biometric readers, iris scanners, fingerprint or palm readers, explosive detectors, physical or facial recognition technology, electronic key locks, or mechanical key locks, or any combination thereof. The security device 54 can also include a security measure, such as, but not limited to, posting an individual proximate to the barrier device 38 to check identification cards (e.g., photo identification cards, licenses). In one embodiment, a security device 54 is located in the first space 50 and also in the second space 52. Security devices 54 can be included inside or outside of the passing room. The passing room 30 can also comprise lighting. Control Room. In one embodiment, a control room 40 is provided for housing a guard or supervisor. The control room 40 can include a control panel 42 to control the barrier device(s) 38 and the security device(s) 54 in order for a guard or supervisor to monitor the passing room while staying in the control room 40. The control panel 42 can comprise an alarm device 43 which gives an alarm in case a problem occurs in the passing room 30.

33 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 33 of 72 US 9,051,748 B2 3 4 The control room 40 and the passing room 30 are separated Alternatively, the barrier device can remain open until locked by at least one wall 12. The wall 12 can comprise at least one by security personnel, for example. window 14, so that a guard in the control room 40 can observe Manufacturing of the Containerized Access Control Unit the inside of the passing room 30 or the outside of the portable In one embodiment, a standard shipping container is filled container 110. The control room 40 has at least one opening 5 with material to be shipped at a first location. Then, the 44 with at least one closing device 45. The closing device(s) container is shipped to a second location. The container is 45 of the control room 40 can be the same as, or different next unloaded at the second location. Next, the container is from, the closing device(s) 33 of the passing room 30. outfitted as an access control unit after the container is The control room 40 can also comprise: heat and/or air- unloaded. In one embodiment, the second location can be conditioning; lighting; at least one computer/cable outlet; at 10 overseas from the first embodiment. least one phone jack; at least one electrical outlet; at least one Conclusion vent; or insulation; or any combination thereof. While various embodiments of the present invention have FIG. 5 illustrates a perspective view of a passing room 30 been described above, it should be understood that they have and a control room 40, according to one embodiment of the been presented by way of example, and not limitation. It will invention. As the portable container 110 has a housing be apparent to persons skilled in the relevant art(s) that variwhich comprises both the at least one passing room 30 and the ous changes in form and detail can be made therein without at least one control room 40, it is easy for users to move and departing from the spirit and scope of the present invention. In use almost anywhere. The portable container has everything fact, after reading the above description, it will be apparent to that a user needs to control access to an area. one skilled in the relevant art(s) how to implement the inven- Use of the Containerized Access Control Unit 2o tion in alternative embodiments. Thus, the present invention The portable container 110 can be put on a vehicle or trailer should not be limited by any of the above-described exemand transported or towed to reach multiple destinations, and plary embodiments. can be used to control access to an area. The portable con- In addition, it should be understood that the figures, which tainer may be used by people who have an access device (e.g., highlight the functionality and advantages of the present people working on a construction site). The access device is 25 invention, are presented for example purposes only. The read by the security device. The portable container 110 may architecture of the present invention is sufficiently flexible also be used by people that do not have an access device, but and configurable, such that it may be utilized in ways other who must pass through security to enter a venue (e.g., an than that shown in the accompanying figures. outside concert). Further, the purpose of the Abstract of the Disclosure is to Use with Access Device. If the portable container 110 is 30 enable the U.S. Patent and Trademark Office and the public being used in conjunction with an access device, when a generally, and especially the scientists, engineers and practiperson approaches the passing room 30 from an area 60 and tioners in the art who are not familiar with patent or legal enters the first opening 32, the person can stay in the first terms or phraseology, to determine quickly from a cursory space 50 in the walkway 36 and present an access device (e.g., inspection the nature and essence of the technical disclosure identification or electronically read card) to the security 35 of the application. The Abstract of the Disclosure is not device 54. In one embodiment, because the security device 54 intended to be limiting as to the scope of the present invention is located inside the passing room, the chance that the person in any way. will lose or break an identification card or device is decreased because the person does not need to expose the identification The invention claimed is: card or device outside of the portable container 110. The An access control system, comprising: portable container 110 also protects the security device 54, a portable container comprised of durable material because the security device 54 is located inside of the passing enabling the portable container to withstand repeated room 30. lifting, placing and towing, the portable container In one embodiment, the barrier device remains locked or including access openings defined as openings that proclosed until the access device is successfully read by the 45 vide access through the portable container between a security device 54. Once a person is approved by the security first area on one side of the portable container and a device 54, the barrier device 38 is unlocked and the person can second area on a second side of the portable container, go through the barrier device 38. If a person is not approved all of the access openings being lockable or closable to by the security device 54, the barrier device 38 continues to be prevent access through the portable container, and kept locked, and, the control panel 42 can give an alarm to a 50 wherein the first area and the second area defining a guard via the alarm device 43. surface upon which the container sits; Use without Access Device. If the portable container 110 is at least one passing room disposed in the portable conbeing used without an access device, when a person tainer, the at least one passing room having at least a first approaches the passing room 30 from an area 60 and enters passing room opening, and at least a second passing the first opening 32, the person can stay in the first space 50 in 55 room opening, and a walkway in-between, wherein a the walkway 36 and go through the security device 54 (e.g., a floor of the at least one passing room spans between the metal detector). In one embodiment, the barrier device 38 can first area and the second area such that the floor lays in a be the same device as the security device 54 (e.g., the metal plane immediately adjacent the surface defined with detector). In another embodiment, a separate barrier device respect to the first area and the second area; can be used to stop persons from accessing the secured area 60 at least one barrier device located in the passing room, 62. The barrier device 38 remains locked or closed until the defining a first space between the first passing room security device 54 or security personnel authorizes a person to opening and the at least one barrier device, and a second enter the secured area 62. Once a person is approved, the space between the at least one barrier device and the barrier device 38 is unlocked and the person can go through second passing room opening; and the barrier device 38. If a person is not approved, the barrier 65 at least one electronic control coupled to the at least one device 38 continues to be kept locked, and, the control panel barrier device so that the at least one electronic control 42 can give an alarm to a guard via the alarm device 43. actuates the at least one barrier device to permit or block

34 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 34 of 72 US 9,051,748 B2 5 6 passage through the at least one barrier device to thereby at least one passing room comprises walls defining a prevent unauthorized access from the first area into the single, substantially linear path for each passing room second area; from the first passing room opening, to the barrier wherein the at least one passing room comprises walls device, to the second passing room opening; and defining a single, substantially linear path for each pass- 5 selectively enabling, via at least one electronic control ing room from the first passing room opening, to the coupled to the at least one barrier device, passage barrier device, to the second passing room opening. through the at least one barrier device, based on the 2. The access control system of claim 1, wherein the at least monitoring, wherein the at least one electronic control one passing room contains the at least one electronic control, actuates the at least one barrier device to permit or block which is electronically coupled to the at least one barrier 10 passage through the at least one barrier device to thereby device to provide authorization for a person to pass through prevent unauthorized access from the first area into the the at least one barrier device. second area. 3. The access control system of claim 2, wherein the at least 12. The method of claim 11, wherein the first opening and one electronic control includes one or more card readers, one the second opening of the container are located on opposite or more metal detectors, one or more biometric readers, one 15 sides of an enclosing material. or more iris scanners, one or more fingerprint readers, one or 13. The method of claim 11, further comprising controlling more facial recognition technology, one or more explosive ingress and egress between a first area adjacent the at least a detectors, one or more electronic key locks, or one or more first opening and a second area adjacent the at least a second mechanical key locks, or a combination of two or more opening via at least one control area disposed in the container thereof 20 adjacent to the at least one passing room. 4. The access control system of claim 2, wherein the at least 14. The method of claim 13, wherein the controlling comone electronic control is located outside the at least one pass- prises authorizing entry of a person into the second area. ing room. 15. The method of claim 13, wherein the controlling com- 5. The access control system of claim 1, further comprising prises monitoring the at least one passing room. enclosing material to separate a first area adjacent the at least The method of claim 13, wherein the controlling coma first passing room opening from an area adjacent the at least prises controlling the at least one barrier device so as to a second passing room opening, the container being disposed authorize or deny passage therethrough. adjacent to the enclosing material. 17. The method of claim 11, wherein a substantially linear 6. The access control system of claim 1, further comprising walkway is provided between the at least first opening and the at least one control area, which comprises at least one control 30 at least second opening. panel. 18. An access system, comprising: 7. The access control system of claim 6, wherein the at least a portable structure comprised of durable material enabling one control panel controls the at least one electronic control to the structure to withstand repeated lifting, placing and enable a person to monitor the at least one passing room from towing, the structure including access openings defined the at least one control area. 35 as openings that provide access through the structure 8. The access control system of claim 1, wherein the wall between a first area on one side of the structure and a includes at least one window. second area on a second side of the structure, all of the 9. The access control system of claim 1, wherein the con- access openings being lockable or closable to prevent tainer is delivered in a turnkey state. access through the structure, and wherein the first area 10. The access control system of claim 1, wherein the at 40 and the second area defining a surface upon which the least one passing room provides a substantially linear path structure sits; from the first passing room opening to the second passing at least one passing area in the structure, the at least one room opening. passing area having at least a first opening, and at least a 11. A method of controlling passage, comprising: second opening, and a pathway, wherein a floor of the at monitoring persons who are desiring to pass through a 45 least one passing area spans between the first area and portable container comprised of durable material the second area such that the floor lays in a plane immeenabling the portable container to withstand repeated diately adjacent the surface defined with respect to the lifting, placing and towing, the portable container first area and the second area; including access openings defined as openings that pro- at least one turnstile in the pathway, defining a first space vide access through the portable container between a 50 between the first opening and the at least one turnstile, first area on one side of the portable container and a and a second space between the at least one turnstile and second area on a second side of the portable container, the second opening; and all of the access openings being lockable or closable to at least one electronically controlled security device prevent access through the portable container, and coupled to the at least one turnstile so that the at least one wherein the first area and the second area defining a 55 electronically controlled security device actuates the at surface upon which the container sits, the container least one turnstile to permit or block passage through the including at least one passing room, the at least one at least one turnstile to thereby prevent unauthorized passing room having at least a first opening and at least access from the first area into the second area; a second opening and a walkway in-between, wherein a wherein the at least one passing area comprises walls definfloor of the at least one passing room spans between the 60 ing a single, substantially linear path for each passing first area and the second area such that the floor lays in a room from the first passing room opening, to the turnplane immediately adjacent the surface defined with stile, to the second passing room opening. respect to the first area and the second area, and at least 19. An access control system, comprising: one barrier device located in the passing room, defining a portable container comprised of durable material a first space between the first opening and the at least one 65 enabling the portable container to withstand repeated barrier device, and a second space between the at least lifting, placing and towing, the portable container one barrier device and the second opening, wherein the including access openings defined as openings that pro-

35 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 35 of 72 7 vide access through the portable container between a first area on one side of the portable container and a second area on a second side of the portable container, all of the access openings being lockable or closable to prevent access through the portable container, and wherein the first area and the second area defining a surface upon which the container sits; at least one passing area disposed in the container, the at least one passing area having at least a first passing area opening, and at least a second passing area opening, and a pathway, wherein a floor of the at least one passing area spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area; and at least one turnstile located in the pathway, defining a first space between the first passing area opening and the at least one turnstile, and a second space between the at least one turnstile and the second passing area opening; at least one electronic control coupled to the at least one turnstile so that the at least one electronic control actuates the at least one turnstile to permit or block passage through the at least one turnstile to thereby prevent unauthorized access from the first area into the second area; wherein the at least one passing area comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the turnstile, to the second passing room opening. 20. A method of controlling passage, comprising: monitoring persons who are desiring to pass through a portable structure comprised of durable material enabling the portable container to withstand repeated lifting, placing and towing, the portable container including access openings defined as openings that provide access through the portable container between a first area on one side of the portable container and a second area on a second side of the portable container, all of the access openings being lockable or closable to prevent access through the portable container, and wherein the first area and the second area defining a surface upon which the container sits, the structure including at least one passing area, the at least one passing area having at least a first opening and at least a second opening and a substantially linear pathway between the first opening and the second opening, wherein a floor of the at least one passing room spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area, and at least one turnstile located in the pathway, defining a first space between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening, wherein the at least one passing area comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening; and selectively enabling, via at least one electronic control coupled to the at least one turnstile, passage through the at least one turnstile, based on the monitoring, wherein US 9,051,748 B2 8 the at least one electronic control actuates the at least one barrier device to permit or block passage through the at least one barrier device to thereby prevent unauthorized access from the first area into the second area An access control system, comprising: a portable container comprised of durable material enabling the portable container to withstand repeated lifting, placing and towing, the portable container including access openings defined as openings that provide access through the portable container between a 10 first area on one side of the portable container and a second area on a second side of the portable container, all of the access openings being lockable or closable to prevent access through the portable container, and 15 wherein the first area and the second area defining a surface upon which the container sits; at least one passing room disposed in the portable container, the at least one passing room having at least a first 20 passing room opening, and at least a second passing room opening, and a walkway in-between, wherein a floor of the at least one passing room spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with 25 respect to the first area and the second area; at least one barrier device located in the passing room, defining a first space between the first passing room opening and the at least one barrier device, and a second space between the at least one barrier device and the second passing room opening; and at least one electronic control coupled to the at least one barrier device so that the at least one electronic control actuates the at least one barrier device to permit or block passage through the at least one barrier device to thereby prevent unauthorized access from the first area into the second area; at least one control area including at least one control panel, wherein the at least one control panel controls the 40 at least one electronic control to enable a person to monitor the at least one passing room from the at least one control area; wherein the at least one passing room comprises walls defining a path for each passing room from the first 45 passing room opening, to the barrier device, to the second passing room opening; wherein the at least one passing room contains the at least one electronic control, which is electronically coupled to the at least one barrier device to provide authorization for a person to pass through the at least one barrier device; and wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof

36 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 36 of 72 EXHIBIT B

37 # ! Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 37 of 72 (12) United States Patent Slagel (10) Patent No.: US 8,671,624 B2 (45) Date of Patent: *Mar. 18, 2014 (54) CONTAINERIZED ACCESS CONTROL UNIT (75) Inventor: Robert Rhett Slagel, Ironton, OH (US) (73) Assignee: Modular Security Systems, Inc., Ironton, OH (US) ( * ) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. (21) Appl. No.: 13/205,419 (22) Filed: Aug. 8, 2011 This patent is subject to a terminal disclaimer. (65) Prior Publication Data US 2011/ Al Dec. 1, 2011 Related U.S. Application Data (63) Continuation of application No. 12/818,899, filed on Jun. 18, 2010, now Pat. No. 8,015,754, which is a continuation of application No. 10/992,126, filed on Nov. 19, 2004, now Pat. No. 7,762,025. (51) Int. Cl. E04H 1/00 ( ) (52) U.S. Cl. USPC 52/79.1; 52/79.8 (58) Field of Classification Search USPC 52/79.1, 79.8, 106, 174; 340/551, 552 See application file for complete search history. (56) References Cited U.S. PATENT DOCUMENTS 2,309,437 A 1/1943 Cady 3,482,037 A 12/1969 Brown et al. 3,492,767 4,308,803 4,385,469 4,480,863 4,481,887 4,513,545 4,586,441 4,656,954 4,683,688 5,353,558 5,542,211 5,579,613 5,617,674 5,676,271 5,704,163 5,706,614 5,727,352 5,735,639 2/1970 Pincus 1/1982 Pretini 5/1983 Scheuerpflug et al. 11/1984 Hormann 11/1984 Urbano 4/1985 Hopkins, Jr. 5/1986 Zekich 4/1987 Tonali 8/1987 Wojcinski 10/1994 Shea, Sr. et al. 8/1996 Colombo 12/1996 Carr 4/1997 Terrill 10/1997 Reynard 1/1998 Kocznar 1/1998 Wiley et al. 3/1998 Bared et al. 4/1998 Payne et al. (Continued) FOREIGN PATENT DOCUMENTS BE /1997 CA /2000 (Continued) OTHER PUBLICATIONS U.S. Appl. No. 11/733,464, filed Apr. 1, 2007, Slagel. (Continued) Primary Examiner Basil Katcheves (74) Attorney, Agent, or Firm DLA Piper LLP (US) (57) ABSTRACT A portable container is provided which comprises a passing room(s) allowing entry into a second area into a first area, the passing room having at least two openings with a walkway in-between. Barrier device(s) can be located in the walkway but not connected to the first or second opening. A control room(s) can also be provided, the control room being connected to the passing room(s). 18 Claims, 5 Drawing Sheets 110 I 82 63

38 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 38 of 72 US 8,671,624 B2 Page 2 (56) References Cited WO WO U.S. PATENT DOCUMENTS WO WO 5,983,578 A 11/1999 Huttie et al. 6,102,228 A 8/2000 Rene 6,155,747 A 12/2000 Payne et al. 6,170,194 B1 1/2001 Kocznar et al. 6,205,200 B1 3/2001 Boyer et al. 6,299,008 B1 10/2001 Payne 6,513,670 B2 2/2003 Minkkinen 6,610,977 B2 8/2003 Megerle 6,724,304 B2 4/2004 Risi 6,742,301 B1 6/2004 Schwarz 6,745,520 B2 6/2004 Puskaric et al. 6,929,175 B2 8/2005 Stockhammer 6,972,693 B2 12/2005 Brown et al. 6,973,758 B2 12/2005 Zeik 6,983,567 B2 1/2006 Ciotti 7,023,339 B2 4/2006 Stomski 7,102,512 B2 9/2006 Pendergraft 7,119,682 B1 10/2006 Fisher 7,264,273 B2 9/2007 Ryan et al. 7,343,762 B1 3/2008 East et al. 7,762,025 B2 7/2010 Slagel 7,823,338 B2 11/2010 Slagel et al. 8,015,754 B2 9/2011 Slagel 2004/ Al 11/2004 Ryan et al. 2004/ Al 11/2004 Brown et al. 2005/ Al 4/2005 Pendergraft 2006/ Al 5/2006 Slagel 2006/ Al 7/2006 Mesinger 2008/ Al 10/2008 Slagel et al. 2009/ Al 4/2009 Slagel 2010/ Al 12/2010 Slagel 2011/ Al 1/2011 Slagel et al. FOREIGN PATENT DOCUMENTS DE /2004 DE /2006 DE /2008 EP /1980 EP /1985 EP /1999 EP /2005 ES /1994 ES /1995 FR /1982 FR /1990 FR /2001 GB /1980 GB /1981 GB /1981 GB /1985 GB /1992 GB /1993 GB /2005 GB /2008 NL /1974 NL /1995 RU /2003 WO 94/ /1994 WO 96/ /1996 WO 00/ /2000 WO 06/ /2006 OTHER PUBLICATIONS press release "Smiths Detection unveils innovative mobile security checkpoint for screening individuals and personal items"; Wiesbaden, Germany, Mar. 2, press release "Smiths Detection Creates First Mobile Security Screening Checkpoint in Partnership With TSWG and TSA Pine Brook, N. J.", Pine Brook, N. J., Apr. 3, "Mobile Perimeter Checkpoint" brochure from L3 Communications (Wolf Coach) company's website; Apr wvvw.miframsecurity.com/e/check post.html; "Protected Screening Module" from Mifram Security Company's website, Apr. 7, / check post.asp; "Way Back Machine"; an internet archive. Employees' Compensation Case No. 699 of 2005, in the District Court of the Hong Kong Special Administrative Region, Oct. 5, A.S. Containers cc., Brijot Imaging Systems, Inc., press release "Brijot Delivers First ScanPortTM Production Order to U.S. Army for Deployment in Middle East"; Orlando, Fla., May 20, International Search Report issued in Application No. PCT/US08/ mailed Jul. 15, Written Opinion issued in Application No. PCT/US08/ mailed Jul. 15, Notice of Allowance issued in U.S. Appl. No. 10/992,126 mailed Sep. 3, English language translation of NL , published May 16, English language abstract of ES , published Apr. 1, English language abstract of ES , published Apr. 16, English language abstract of DE , published Apr. 6, English language abstract of FR , published Mar. 5, English language abstract of RU , published Dec. 10, English language abstract of EP , published Sep. 8, English language abstract of FR , published Nov. 2, English language abstract of DE , published Apr. 1, English language abstract of FR , published Oct. 26, English language abstract of BE , published Mar. 4, Letter dated Dec. 16, 2008, from Haseltine Lake, including analysis of current claim of counterpart EP English language abstract of EP , published Jul. 27, English language abstract of EP , published Feb. 20, International Preliminary Report on Patentability (IPRP) issued in PCT/US2008/ on Oct. 22, U.S. Appl. No. 10/992,126 captured on Aug. 8, U.S. Appl. No. 11/733,464 captured on Aug. 8, U.S. Appl. No. 12/818,899 captured on Aug. 8, U.S. Appl. No. 12/889,861 captured on Aug. 8, ISO Standards Handbook, Freight Containers, fourth edition U.S. Appl. No. 12/818,899 captured on May 17, U.S. Appl. No. 12/889,861 captured on May 17, 2012.

39 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 39 of 72 U.S. Patent Mar. 18, 2014 Sheet 1 of 5 US 8,671,624 B2 II H i fl 11 IL I. 11 ii

40 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 40 of 72 U.S. Patent Mar. 18, 2014 Sheet 2 of 5 US 8,671,624 B II PPM 11 'I 11 ) 11 WM1E11111=1 #011 OM , IMOCIIIIIIIIM

41 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 41 of 72 U.S. Patent Mar. 18, 2014 Sheet 3 of 5 US 8,671,624 B2

42 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 42 of 72 U.S. Patent Mar. 18, 2014 Sheet 4 of 5 US 8,671,624 B2 CO O T-

43 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 43 of 72 U.S. Patent Mar. 18, 2014 Sheet 5 of 5 US 8,671,624 B2 co cfl CO Ti 1 LU 1 / I t 11 1 t 11 II II II / / ::/ t1

44 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 44 of 72 1 CONTAINERIZED ACCESS CONTROL UNIT CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of U.S. application Ser. No. 12/818,899 filed Jun. 18, 2010, which is a continuation of U.S. application Ser. No. 10/992,126 filed Nov. 19, The entirety of all of the above-listed Applications are incorporated herein by reference. FIELD OF THE INVENTION The present invention is directed generally to access control systems and specifically to portable access control systems. BRIEF DESCRIPTION OF THE DRAWINGS FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. FIG. 4 is a detailed top cross-sectional view of a passing room 30 and a control room 40, according to one embodiment of the invention. FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. DESCRIPTION OF EMBODIMENTS OF THE INVENTION The Containerized Access Control Unit FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. The portable container 110 has housing 20, which, in one embodiment, is rectangular shaped. However, any other shape is also possible. The housing 20 can be made of a durable material (e.g., iron, stainless steel), enabling the portable container 110 to be securely towed by a vehicle. One or both ends of the portable container 110 can be equipped to be towed by a vehicle. In addition, a security system to ensure that only authorized vehicles move the portable container 110 can also be included. Furthermore, fencing 63 or other material may be attached to the portable container 110 to surround a secured area 62 (e.g., see FIG. 5). FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. The portable container 110 comprises at least one passing room 30, which is provided for controlling and directing the movement of people between two areas. In addition, the portable container 110 can also comprise at least one control room 40, for housing a guard or supervisor. The portable container 110 can be a standard shipping container. In one embodiment, the standard shipping container can be a shipping container which complies with international standards as determined by the International Organization for Standardization (ISO). In one embodiment, the shipping container can include the following features: made from corrugated steel; heavy steel framed to withstand repeated lifting and placing; able to hold a cargo as large as 30 tons; marine grade plywood flooring; lockable accessible doors on one or both sides of the shipping container; forklift pockets; corner connectors; or a venting system; or any combination thereof US 8,671,624 B2 2 In one embodiment, the portable container 110 can be delivered to a user in a ready-made or turn-key state. In this case, if electricity is not required, the portable container 110 is ready to be used. If electricity is required, all that needs to 5 be done to render the portable container 110 usable is the provision of electricity. In another embodiment, the portable container can be customized by the user to meet specific needs of the user. FIG. 4 is a detailed top cross-sectional view of a passing io room 30 and a control room 40, according to one embodiment of the invention. Passing Room. The passing room 30 controls the movement of people between area 60 and another area 62. A fence 63 can also be used to separate areas 60 and 62 in locations 15 where the portable containers 110 are not used. The passing room 30 has at least a first opening 32, and at least a second opening 34, which in one embodiment is on a side opposite the first opening 32. However, the first opening 32, second opening 34, and additional openings can be located on any 20 side of the passing room 30, including being located on the same side of the passing room 30. The second opening 34 is spaced apart from the first opening 32 so as to define a walkway 36 in-between. A closing device 33 (e.g., a door, shutters) is employed to close the openings 32 and 34 when passing 25 room 30 is not in use. A security sensing device for safeguarding the closing device 33 can be employed. The portable container 110 can comprise at least one barrier device 38 in the inside of the passing room 30, which restricts a person's movement through the passing room In one embodiment, a turnstile (e.g., a full-body turnstile, a partial-body turnstile, a bi-directional turnstile, or a uni-directional turnstile) is employed as a barrier device of the portable container 110, but other barrier device may be used to restrict a person's movement through the passing room For example, a sliding door, a revolving door, moving bars, and gates may be used as a barrier device. The barrier device 38 is located inside the walkway 36, defining a first space 50 between the barrier device 38 and the first opening 32, and defining a second space 52 between the barrier device 38 and 40 the second opening 34. In one embodiment, the passing room 30 can alternatively include at least one security device 54 issuing permission for a person to pass through the passing room 30. In one embodiment, the security device 54 can comprise, but is not limited 45 to, one or more card readers, metal detectors, biometric readers, iris scanners, fingerprint or palm readers, explosive detectors, physical or facial recognition technology, electronic key locks, or mechanical key locks, or any combination thereof. The security device 54 can also include a security measure, so such as, but not limited to, posting an individual proximate to the barrier device 38 to check identification cards (e.g., photo identification cards, licenses). In one embodiment, a security device 54 is located in the first space 50 and also in the second space 52. Security devices 54 can be included inside or out- 55 side of the passing room. The passing room 30 can also comprise lighting. Control Room. In one embodiment, a control room 40 is provided for housing a guard or supervisor. The control room 40 can include a control panel 42 to control the bather 60 device(s) 38 and the security device(s) 54 in order for a guard or supervisor to monitor the passing room while staying in the control room 40. The control panel 42 can comprise an alarm device 43 which gives an alarm in case a problem occurs in the passing room The control room 40 and the passing room 30 are separated by at least one wall 12. The wall 12 can comprise at least one window 14, so that a guard in the control room 40 can observe

45 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 45 of 72 3 the inside of the passing room 30 or the outside of the portable container 110. The control room 40 has at least one opening 44 with at least one closing device 45. The closing device(s) 45 of the control room 40 can be the same as, or different from, the closing device(s) 33 of the passing room 30. The control room 40 can also comprise: heat and/or airconditioning; lighting; at least one computer/cable outlet; at least one phone jack; at least one electrical outlet; at least one vent; or insulation; or any combination thereof. FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. As the portable container 110 has a housing 20 which comprises both the at least one passing room 30 and the at least one control room 40, it is easy for users to move and use almost anywhere. The portable container has everything that a user needs to control access to an area. Use of the Containerized Access Control Unit The portable container 110 can be put on a vehicle or trailer and transported or towed to reach multiple destinations, and can be used to control access to an area. The portable container may be used by people who have an access device (e.g., people working on a construction site). The access device is read by the security device. The portable container 110 may also be used by people that do not have an access device, but who must pass through security to enter a venue (e.g., an outside concert). Use with Access Device. If the portable container 110 is being used in conjunction with an access device, when a person approaches the passing room 30 from an area 60 and enters the first opening 32, the person can stay in the first space 50 in the walkway 36 and present an access device (e.g., identification or electronically read card) to the security device 54. In one embodiment, because the security device 54 is located inside the passing room, the chance that the person will lose or break an identification card or device is decreased because the person does not need to expose the identification card or device outside of the portable container 110. The portable container 110 also protects the security device 54, because the security device 54 is located inside of the passing room 30. In one embodiment, the barrier device remains locked or closed until the access device is successfully read by the security device 54. Once a person is approved by the security device 54, the barrier device 38 is unlocked and the person can go through the barrier device 38. If a person is not approved by the security device 54, the barrier device 38 continues to be kept locked, and, the control panel 42 can give an alarm to a guard via the alarm device 43. Use without Access Device. If the portable container 110 is being used without an access device, when a person approaches the passing room 30 from an area 60 and enters the first opening 32, the person can stay in the first space 50 in the walkway 36 and go through the security device 54 (e.g., a metal detector). In one embodiment, the barrier device 38 can be the same device as the security device 54 (e.g., the metal detector). In another embodiment, a separate barrier device can be used to stop persons from accessing the secured area 62. The barrier device 38 remains locked or closed until the security device 54 or security personnel authorizes a person to enter the secured area 62. Once a person is approved, the bather device 38 is unlocked and the person can go through the barrier device 38. If a person is not approved, the bather device 38 continues to be kept locked, and, the control panel 42 can give an alarm to a guard via the alarm device 43. Alternatively, the barrier device can remain open until locked by security personnel, for example. US 8,671,624 B2 4 Manufacturing of the Containerized Access Control Unit In one embodiment, a standard shipping container is filled with material to be shipped at a first location. Then, the container is shipped to a second location. The container is 5 next unloaded at the second location. Next, the container is outfitted as an access control unit after the container is unloaded. In one embodiment, the second location can be overseas from the first embodiment. Conclusion 10 While various embodiments of the present invention have been described above, it should be understood that they have been presented by way of example, and not limitation. It will be apparent to persons skilled in the relevant art(s) that various changes in form and detail can be made therein without 15 departing from the spirit and scope of the present invention. In fact, after reading the above description, it will be apparent to one skilled in the relevant art(s) how to implement the invention in alternative embodiments. Thus, the present invention should not be limited by any of the above-described exem- 2o plary embodiments. In addition, it should be understood that the figures, which highlight the functionality and advantages of the present invention, are presented for example purposes only. The architecture of the present invention is sufficiently flexible 25 and configurable, such that it may be utilized in ways other than that shown in the accompanying figures. Further, the purpose of the Abstract of the Disclosure is to enable the U.S. Patent and Trademark Office and the public generally, and especially the scientists, engineers and practi- 30 tioners in the art who are not familiar with patent or legal terms or phraseology, to determine quickly from a cursory inspection the nature and essence of the technical disclosure of the application. The Abstract of the Disclosure is not intended to be limiting as to the scope of the present invention 35 in any way. The invention claimed is: 1. An access control system, comprising: a rectangular portable container comprised of durable material enabling the portable container to withstand 40 repeated lifting, placing and towing, wherein all access through the portable container between a first area on one side of the portable container and a second area on a second side of the portable container includes openings having closures with locks thereon, the first area and the 45 second area defining a surface upon which the container sits; at least one passing room disposed in the container, the at least one passing room having at least a first passing room opening, and at least a second passing room open- 50 ing, and a walkway in-between, wherein a floor of the at least one passing room spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area; 55 at least one barrier device located in the passing room, defining a first space between the first passing room opening and the at least one barrier device, and a second space between the at least one barrier device and the second passing room opening; and 60 at least one electronic control coupled to the at least one barrier device and configured and arranged to selectively cause the at least one barrier device to permit or block passage through the at least one barrier device; wherein the at least one electronic control and the at least 65 one barrier device are configured electronically coupled, so that the at least one electronic control actuates the at least one barrier device to permit or block passage

46 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 46 of 72 5 through the passing room to thereby prevent unauthorized access from the first area into the second area; wherein the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening. 2. The access control system of claim 1, wherein the at least one electronic control is capable of providing authorization for a person to pass through the at least one barrier device. 3. The access control system of claim 2, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof 4. The access control system of claim 2, wherein the at least one electronic control is located outside the at least one passing room. 5. The access control system of claim 1, further comprising enclosing material to separate a first area adjacent the at leak a first passing room opening from an area adjacent the at least a second passing room opening, the container being disposed adjacent to the enclosing material. 6. The access control system of claim 1, wherein the container is delivered in a turnkey state. 7. The access control system of claim 1, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof 8. An access control system, comprising: a rectangular portable container comprised of durable material enabling the portable container to withstand repeated lifting, placing and towing, wherein all access through the portable container between a first area on one side of the portable container and a second area on a second side of the portable container includes openings having closures with locks thereon, the first area and the second area defining a surface upon which the container sits; at least one passing room disposed in the container, the at least one passing room having at least a first passing room opening, at least a second passing room opening, and a walkway in-between, wherein a floor of the at least one passing room spans between the first area and the second area such that the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area; at least one barrier device located in the passing room, defining a first space between the first passing room opening and the at least one barrier device, and a second space between the at least one barrier device and the second passing room opening; at least one electronic control coupled to the at least one barrier device and configured and arranged to selectively enable or prevent passage through the at least one barrier device; and at least one control area disposed in the container adjacent to the at least one passing room, with at least a first control room opening, the at least one control area having the at least one electronic control disposed therein US 8,671,624 B2 6 for controlling the at least one barrier device to enable or prevent passage through the at least one barrier device, wherein a wall is disposed between the at least one control area and the at least one passing room; 5 wherein the at least one electronic control and the at least one barrier device are electronically coupled, so that the at least one electronic control actuates the at least one barrier device to permit or block passage through the passing room to thereby prevent unauthorized access from the first area into the second area; wherein the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening The access control system of claim 8, wherein the at least one electronic control is capable of providing authorization for a person to pass through the at least one barrier device. 10. The access control system of claim 9, wherein the at 20 least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more 25 mechanical key locks, or a combination of two or more thereof. 11. The access control system of claim 9, wherein the at least one electronic control is located outside the at least one passing room The access control system of claim 8, further comprising enclosing material to separate a first area adjacent the at least a first passing room opening from an area adjacent the at least a second passing room opening, the container being disposed adjacent to the enclosing material. 13. The access control system of claim 8, wherein the at least one control area comprises at least one control panel. 14. The access control system of claim 13, wherein the at least one control panel controls the at least one electronic 40 control to enable a person to monitor the at least one passing room from the at least one control area. 15. The access control system of claim 8, wherein the wall includes at least one window. 16. The access control system of claim 8, wherein the 45 container is delivered in a turnkey state. 17. The access control system of claim 8, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one so or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof. 18. An access control system, comprising: 55 a portable structure that, when placed upon the ground, defines a first area on one side of the portable container and a second area on a second side of the portable container, the first area and the second area defining a surface upon which the container sits; 60 at least one passing area disposed in the structure, the at least one passing area having at least a first passing area opening, at least a second passing area opening, and a pathway, wherein a floor of the at least one passing area spans between the first area and the second area such that 65 the floor lays in a plane immediately adjacent the surface defined with respect to the first area and the second area; at least one turnstile;

47 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 47 of 72 US 8,671,624 B2 7 8 at least one security device coupled to the at least one turnstile and configured and arranged to control passage through the at least one turnstile; and at least one control area disposed in the structure adjacent to the at least one passing area, with at least a first control 5 area opening, the at least one control area having at least one electronically controlled security device disposed therein capable of controlling passage through the at least one turnstile; wherein a barrier is disposed between the at least one 10 control room and the at least one passing area; wherein the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the turnstile, to the second passing room opening, such that 15 entry to and exit from the access control system as well as all points where passage is blocked within the at least one passing room occur along the substantially linear path. 20

48 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 48 of 72 EXHIBIT C

49 f Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 49 of 72 (12) United States Patent Slagel (10) Patent No.: US 8,015,754 B2 (45) Date of Patent: *Sep. 13, 2011 (54) (75) (73) ( * ) (21) (22) Filed: CONTAINERIZED ACCESS CONTROL UNIT Inventor: Robert Rhett Slagel, Ironton, OH (US) 4,513,545 A 4,586,441 A 4,656,954 A 4,683,688 A 4/1985 5/1986 4/1987 8/1987 Hopkins, Jr. Zekich Tonali Wojcinski Assignee: Modular Security Systems, Inc., 5,353,558 A 10/1994 Shea, Sr. et al. 5,542,211 A * 8/1996 Colombo 49/42 Ironton, OH (US) 5,579,613 A 12/1996 Carr 5,617,674 A 4/1997 Terrill Notice: Subject to any disclaimer, the term of this 5,676,271 A 10/1997 Reynard 5,704,163 A 1/1998 Kocznar patent is extended or adjusted under 35 5,706,614 A 1/1998 Wiley et al. U.S.C. 154(b) by 0 days. 5,727,352 A 3/1998 Bared et al. 5,735,639 A 4/1998 Payne et al. This patent is subject to a terminal dis- 5,983,578 A 11/1999 Huttie et al. claimer. 6,102,228 A 8/2000 Rene 6,155,747 A 12/2000 Payne et al. Appl. No.: 12/818,899 6,170,194 B1 1/2001 Kocznar 6,205,200 B1 3/2001 Boyer et al. Jun. 18, 2010 (Continued) (65) Prior Publication Data US 2010/ Al Dec. 16, 2010 (56) References Cited 3,482,037 A 3,492,767 A 4,308,803 A 4,385,469 A 4,481,887 A Related U.S. Application Data (63) Continuation of application No. 10/992,126, filed on Nov. 19, 2004, now Pat. No. 7,762,025. (51) Int. Cl. E04H 1/00 ( ) (52) U.S. Cl. 52/79.1; 52/174; 52/79.8 (58) Field of Classification Search 52/79.1, 52/174, 33, 79.8, 106, 79.7 See application file for complete search history. U.S. PATENT DOCUMENTS 12/1969 Brown et al. 2/1970 Pincus 1/1982 Pretini 5/1983 Scheuerpflug et al. 11/1984 Urbano BE FOREIGN PATENT DOCUMENTS /1997 (Continued) OTHER PUBLICATIONS U.S. Appl. No. 11/733,464, filed Apr. 1, 2007, Slagel. (Continued) Primary Examiner Basil Katcheves (74) Attorney, Agent, or Firm DLA Piper LLP US (57) ABSTRACT A portable container is provided which comprises a passing room(s) allowing entry into a second area into a first area, the passing room having at least two openings with a walkway in-between. Barrier device(s) can be located in the walkway but not connected to the first or second opening. A control room(s) can also be provided, the control room being connected to the passing room(s). 36 Claims, 5 Drawing Sheets =

50 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 50 of 72 US 8,015,754 B2 Page 2 U.S. PATENT DOCUMENTS 6,299,008 B1 10/2001 Payne 6,513,670 B2 2/2003 Minkkinen 6,610,977 B2 * 8/2003 Megerle 250/287 6,724,304 B2 4/2004 Risi 6,742,301 B1 6/2004 Schwarz 6,745,520 B2 6/2004 Puskaric et al. 6,929,175 B2 8/2005 Stockhammer 6,972,693 B2 12/2005 Brown et al. 6,973,758 B2 12/2005 Zeik 6,983,567 B2 1/2006 Ciotti 7,023,339 B2 4/2006 Stomski 7,102,512 B2 9/2006 Pendergraft 7,119,682 B1 10/2006 Fisher 7,762,025 B2 * 7/2010 Slagel 52/ / Al 11/2004 Brown et al. 2005/ Al 4/2005 Pendergraft 2006/ Al 5/2006 Slagel 2006/ Al 7/2006 Mesinger 2008/ Al 10/2008 Slagel et al. FOREIGN PATENT DOCUMENTS CA DE /2000 4/2004 DE /2006 DE /2008 EP /1980 EP /1985 EP /1999 EP /2005 ES /1994 ES /1995 FR /1982 FR /1990 FR /2001 GB /1980 GB /1981 GB /1981 GB /1985 GB /1992 GB /1993 GB /2005 GB /2008 NL /1974 NL /1995 RU /2003 WO WO 94/ /1994 WO WO 96/ /1996 WO WO 00/ /2000 WO WO 2006/ /2006 OTHER PUBLICATIONS press release "Smiths Detection unveils innovative mobile security checkpoint for screening individuals and personal items"; Wiesbaden, Germany, Mar. 2, press release "Smiths Detection Creates First Mobile Security Screening Checkpoint in Partnership With TSWG and TSA Pine Brook, N.J.", Pine Brook, N.J., Apr. 3, "Mobile Perimeter Checkpoint" brochure from L3 Communications (Wolf Coach) company's website; Apr post.html; "Protected Screening Module" from Mifram Security Company's website, Apr. 7, / check post.asp; "Way Back Machine"; an internet archive. Employees' Compensation Case No. 699 of 2005, in the District Court of the Hong Kong Special Administrative Region, Oct. 5, A.S. Containers cc., Brijot Imaging Systems, Inc., press release "Brijot Delivers First ScanPortTM Production Order to U.S. Army for Deployment in Middle East"; Orlando, Fla., May 20, International Search Report issued in Application No. PCT/US08/ mailed Jul. 15, Written Opinion issued in Application No, PCT/US08/ mailed Jul. 15, English language translation of NL , published May 16, English language abstract of ES , published Apr English language abstract of ES , published Apr. 16, English language abstract of DE , published Apr. 6, English language abstract of FR , published Mar. 5, English language abstract of RU , published Dec. 10, English language abstract of EP , published Sep. 8, English language abstract of FR , published Nov. 2, English language abstract of DE , published Apr. 1, English language abstract of FR , published Oct. 26, English language abstract of BE , published Mar. 4, Letter dated Dec. 16, 2008, from Haseltine Lake, including analysis of current claim of counterpart EP English language abstract of EP , published Jul. 27, English language abstract of EP , published Feb. 20, International Preliminary Report, on Patentability (IPRP) issued in PCT/US2008/ on Oct. 22, USPTO Image File Wrapper of relate U.S. Appl. No. 10/992,126 captured May 19, USPTO Image File Wrapper of relate U.S. Appl. No. 11/733,464 captured Jun. 17, USPTO Image File Wrapper of relate U.S. Appl. No. 10/992,126 captured from Jun. 19, 2010 to May 4, USPTO Image File Wrapper of relate U.S. Appl. No. 11/733,464 captured from Jun. 19, 2010 to May 4, USPTO Image File Wrapper of relate U.S. Appl. No. 12/889,861 captured on May 4, ISO Standards Handbook, Freight Containers, fourth edition * cited by examiner

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54 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 54 of 72 U.S. Patent Sep. 13, 2011 Sheet 4 of 5 US 8,015,754 B2 (L) S o no. Q u

55 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 55 of 72 U.S. Patent Sep. 13, 2011 Sheet 5 of 5 US 8,015,754 B2

56 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 56 of 72 1 CONTAINERIZED ACCESS CONTROL UNIT CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of U.S. application Ser. No. 10/992,126 filed Nov. 19, The entire contents of all of the application mentioned above are incorporated herein by reference. FIELD OF THE INVENTION The present invention is directed generally to access control systems and specifically to portable access control systems. BRIEF DESCRIPTION OF THE DRAWINGS FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. FIG. 4 is a detailed top cross-sectional view of a passing room 30 and a control room 40, according to one embodiment of the invention. FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. DESCRIPTION OF EMBODIMENTS OF THE INVENTION The Containerized Access Control Unit FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. The portable container 110 has housing 20, which, in one embodiment, is rectangular shaped. However, any other shape is also possible. The housing 20 can be made of a durable material (e.g., iron, stainless steel), enabling the portable container 110 to be securely towed by a vehicle. One or both ends of the portable container 110 can be equipped to be towed by a vehicle. In addition, a security system to ensure that only authorized vehicles move the portable container 110 can also be included. Furthermore, fencing 63 or other material may be attached to the portable container 110 to surround a secured area 62 (e.g., see FIG. 5). FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. The portable container 110 comprises at least one passing room 30, which is provided for controlling and directing the movement of people between two areas. In addition, the portable container 110 can also comprise at least one control room 40, for housing a guard or supervisor. The portable container 110 can be a standard shipping container. In one embodiment, the standard shipping container can be a shipping container which complies with international standards as determined by the International Organization for Standardization (ISO). In one embodiment, the shipping container can include the following features: made from corrugated steel; heavy steel framed to withstand repeated lifting and placing; able to hold a cargo as large as 30 tons; marine grade plywood flooring; lockable accessible doors on one or both sides of the shipping container; forklift pockets; corner connectors; or a venting system; or any combination thereof US 8,015,754 B2 2 In one embodiment, the portable container 110 can be delivered to a user in a ready-made or turn-key state. In this case, if electricity is not required, the portable container 110 is ready to be used. If electricity is required, all that needs to 5 be done to render the portable container 110 usable is the provision of electricity. In another embodiment, the portable container can be customized by the user to meet specific needs of the user. FIG. 4 is a detailed top cross-sectional view of a passing io room 30 and a control room 40, according to one embodiment of the invention. Passing Room. The passing room 30 controls the movement of people between area 60 and another area 62. A fence 63 can also be used to separate areas 60 and 62 in locations 15 where the portable containers 110 are not used. The passing room 30 has at least a first opening 32, and at least a second opening 34, which in one embodiment is on a side opposite the first opening 32. However, the first opening 32, second opening 34, and additional openings can be located on any 20 side of the passing room 30, including being located on the same side of the passing room 30. The second opening 34 is spaced apart from the first opening 32 so as to define a walkway 36 in-between. A closing device 33 (e.g., a door, shutters) is employed to close the openings 32 and 34 when passing 25 room 30 is not in use. A security sensing device for safeguarding the closing device 33 can be employed. The portable container 110 can comprise at least one barrier device 38 in the inside of the passing room 30, which restricts a person's movement through the passing room In one embodiment, a turnstile (e.g., a full-body turnstile, a partial-body turnstile, a bi-directional turnstile, or a uni-directional turnstile) is employed as a barrier device of the portable container 110, but other barrier device may be used to restrict a person's movement through the passing room For example, a sliding door, a revolving door, moving bars, and gates may be used as a barrier device. The barrier device 38 is located inside the walkway 36, defining a first space 50 between the barrier device 38 and the first opening 32, and defining a second space 52 between the barrier device 38 and 40 the second opening 34. In one embodiment, the passing room 30 can alternatively include at least one security device 54 issuing permission for a person to pass through the passing room 30. In one embodiment, the security device 54 can comprise, but is not limited 45 to, one or more card readers, metal detectors, biometric readers, iris scanners, fingerprint or palm readers, explosive detectors, physical or facial recognition technology, electronic key locks, or mechanical key locks, or any combination thereof. The security device 54 can also include a security measure, so such as, but not limited to, posting an individual proximate to the barrier device 38 to check identification cards (e.g., photo identification cards, licenses). In one embodiment, a security device 54 is located in the first space 50 and also in the second space 52. Security devices 54 can be included inside or out- 55 side of the passing room. The passing room 30 can also comprise lighting. Control Room. In one embodiment, a control room 40 is provided for housing a guard or supervisor. The control room 40 can include a control panel 42 to control the barrier 60 device(s) 38 and the security device(s) 54 in order for a guard or supervisor to monitor the passing room while staying in the control room 40. The control panel 42 can comprise an alarm device 43 which gives an alarm in case a problem occurs in the passing room The control room 40 and the passing room 30 are separated by at least one wall 12. The wall 12 can comprise at least one window 14, so that a guard in the control room 40 can observe

57 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 57 of 72 3 the inside of the passing room 30 or the outside of the portable container 110. The control room 40 has at least one opening 44 with at least one closing device 45. The closing device(s) 45 of the control room 40 can be the same as, or different from, the closing device(s) 33 of the passing room 30. The control room 40 can also comprise: heat and/or airconditioning; lighting; at least one computer/cable outlet; at least one phone jack; at least one electrical outlet; at least one vent; or insulation; or any combination thereof. FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. As the portable container 110 has a housing 20 which comprises both the at least one passing room 30 and the at least one control room 40, it is easy for users to move and use almost anywhere. The portable container has everything that a user needs to control access to an area. Use of the Containerized Access Control Unit The portable container 110 can be put on a vehicle or trailer and transported or towed to reach multiple destinations, and can be used to control access to an area. The portable container may be used by people who have an access device (e.g., people working on a construction site). The access device is read by the security device. The portable container 110 may also be used by people that do not have an access device, but who must pass through security to enter a venue (e.g., an outside concert). Use with Access Device. If the portable container 110 is being used in conjunction with an access device, when a person approaches the passing room 30 from an area 60 and enters the first opening 32, the person can stay in the first space 50 in the walkway 36 and present an access device (e.g., identification or electronically read card) to the security device 54. In one embodiment, because the security device 54 is located inside the passing room, the chance that the person will lose or break an identification card or device is decreased because the person does not need to expose the identification card or device outside of the portable container 110. The portable container 110 also protects the security device 54, because the security device 54 is located inside of the passing room 30. In one embodiment, the barrier device remains locked or closed until the access device is successfully read by the security device 54. Once a person is approved by the security device 54, the barrier device 38 is unlocked and the person can go through the barrier device 38. If a person is not approved by the security device 54, the barrier device 38 continues to be kept locked, and, the control panel 42 can give an alarm to a guard via the alarm device 43. Use without Access Device. If the portable container 110 is being used without an access device, when a person approaches the passing room 30 from an area 60 and enters the first opening 32, the person can stay in the first space 50 in the walkway 36 and go through the security device 54 (e.g., a metal detector). In one embodiment, the barrier device 38 can be the same device as the security device 54 (e.g., the metal detector). In another embodiment, a separate barrier device can be used to stop persons from accessing the secured area 62. The barrier device 38 remains locked or closed until the security device 54 or security personnel authorizes a person to enter the secured area 62. Once a person is approved, the barrier device 38 is unlocked and the person can go through the barrier device 38. If a person is not approved, the barrier device 38 continues to be kept locked, and, the control panel 42 can give an alarm to a guard via the alarm device 43. Alternatively, the barrier device can remain open until locked by security personnel, for example. US 8,015,754 B2 4 Manufacturing of the Containerized Access Control Unit In one embodiment, a standard shipping container is filled with material to be shipped at a first location. Then, the container is shipped to a second location. The container is 5 next unloaded at the second location. Next, the container is outfitted as an access control unit after the container is unloaded. In one embodiment, the second location can be overseas from the first embodiment. 10 CONCLUSION While various embodiments of the present invention have been described above, it should be understood that they have been presented by way of example, and not limitation. It will 15 be apparent to persons skilled in the relevant art(s) that various changes in form and detail can be made therein without departing from the spirit and scope of the present invention. In fact, after reading the above description, it will be apparent to one skilled in the relevant art(s) how to implement the inven- 20 tion in alternative embodiments. Thus, the present invention should not be limited by any of the above-described exemplary embodiments. In addition, it should be understood that the figures, which highlight the functionality and advantages of the present 25 invention, are presented for example purposes only. The architecture of the present invention is sufficiently flexible and configurable, such that it may be utilized in ways other than that shown in the accompanying figures. Further, the purpose of the Abstract of the Disclosure is to 30 enable the U.S. Patent and Trademark Office and the public generally, and especially the scientists, engineers and practitioners in the art who are not familiar with patent or legal terms or phraseology, to determine quickly from a cursory inspection the nature and essence of the technical disclosure 35 of the application. The Abstract of the Disclosure is not intended to be limiting as to the scope of the present invention in any way. The invention claimed is: An access control system, comprising: a rectangular portable container without wheels, having a lockable accessible door on at least one side of the container, and comprised of a steel frame and durable material enabling the portable container to withstand 45 repeated lifting, placing and towing, wherein all access into or from the portable container consists only of openings associated with lockable or closable access between a first area on one side of the portable container and a second area on a second side of the portable container, 50 such that no additional openings in the portable container exist through which a person may gain unauthorized access from the first area into the second area; at least one passing room disposed in the container, the at least one passing room having at least a first passing 55 room opening, and at least a second passing room opening, and a walkway in-between; at least one barrier device located in the passing room, defining a first space between the first passing room opening and the at least one barrier device, and a second 60 space between the at least one barrier device and the second passing room opening; and at least one electronic control coupled to the at least one barrier device and configured and arranged to selectively cause the at least one barrier device to permit or block 65 passage through the at least one barrier device; wherein the at least one electronic control and the at least one barrier device are configured to permit or block

58 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 58 of 72 5 passage through the passing room to thereby prevent unauthorized access from the first area into the second area. 2. The access control system of claim 1, wherein the at least one electronic control is capable of providing authorization for a person to pass through the at least one barrier device. 3. The access control system of claim 2, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof 4. The access control system of claim 2, wherein the at least one electronic control is located outside the at least one passing room. 5. The access control system of claim 1, further comprising enclosing material to separate the first area adjacent the at least a first passing room opening from the second area adjacent the at least a second passing room opening, the container being disposed adjacent to the enclosing material. 6. The access control system of claim 5, wherein the wall includes at least one window. 7. The access control system of claim 1, wherein the container is delivered in a turnkey state. 8. The access control system of claim 1, wherein the at least one passing room provides a substantially linear path from the first passing room opening to the second passing room opening. 9. An access control system, comprising: a rectangular portable container without wheels, having a lockable accessible door on at least one side of the container, and comprised of a steel frame and durable material enabling the portable container to withstand repeated lifting, placing and towing, wherein all access into or from the portable container consists only of openings associated with lockable or closable access between a first area on one side of the portable container and a second area on a second side of the portable container, such that no additional openings in the portable container exist through which a person may gain unauthorized access from the first area into the second area; at least one passing room disposed in the container, the at least one passing room having at least a first passing room opening, at least a second passing room opening, and a walkway in-between; at least one barrier device located in the passing room; at least one electronic control coupled to the at least one barrier device and configured and arranged to selectively enable or prevent passage through the at least one barrier device; and at least one control area disposed in the container adjacent to the at least one passing room, with at least a first control room opening, the at least one control area having the at least one electronic control disposed therein for controlling the at least one barrier device to enable or prevent passage through the at least one barrier device, wherein a wall is disposed between the at least one control area and the at least one passing room. 10. The access control system of claim 9, wherein the at least one electronic control is capable of providing authorization for a person to pass through the at least one barrier device. 11. The access control system of claim 10, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, US 8,015,754 B2 6 one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more 5 thereof. 12. The access control system of claim 10, wherein the at least one electronic control is located outside the at least one passing room. 13. The access control system of claim 9, further comprising enclosing material to separate the first area adjacent the at least a first passing room opening from the second area adjacent the at least a second passing room opening, the container being disposed adjacent to the enclosing material. 14. The access control system of claim 9, wherein the at 15 least one control area comprises at least one control panel. 15. The access control system of claim 14, wherein the at least one control panel controls the at least one electronic control to enable a person to monitor the at least one passing 20 room from the at least one control area. 16. The access control system of claim 9, wherein the container is delivered in a turnkey state. 17. The access control system of claim 9, wherein the at least one passing room provides a substantially linear path 25 from the first passing room opening to the second passing room opening. 18. An access control system, comprising: a rectangular portable shipping container which, prior to any modifications to create the access control system, 30 has dimensions of length, width and height that comply with standard shipping container dimensions determined by the International Organization for Standarization (ISO), wherein the shipping container is comprised of a steel frame and durable material enabling the con- 35 tainer to withstand repeated lifting, placing and towing, wherein all access into or from the portable container consists only of openings associated with lockable or closable access between a first area on one side of the portable container and a second area on a second side of 40 the portable container, such that no additional openings in the portable container exist through which a person may gain unauthorized access from the first area into the second area; and at least one passing room disposed in the portable con- 45 tainer, the at least one passing room having at least a first passing room opening, and at least a second passing room opening, and a walkway in-between; at least one barrier device located in the passing room, defining a first space between the first passing room 50 opening and the at least one barrier device, and a second space between the at least one barrier device and the second passing room opening; and at least one electronic control configured to enable or deny passage of a person through the passing room from the 55 first area into the second area. 19. The access control system of claim 18, wherein the at least one electronic control is capable of providing authorization for a person to pass through the at least one barrier device The access control system of claim 19, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive 65 detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof.

59 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 59 of 72 US 8,015,754 B The access control system of claim 19, wherein the at 29. The method of claim 27, wherein the controlling comleast one electronic control is located outside the at least one prises monitoring the at least one passing room. passing room. 30. The method of claim 27, wherein the controlling com- 22. The access control system of claim 18, further com- prises controlling the at least one barrier device so as to prising enclosing material to separate the first area adjacent 5 authorize or deny passage therethrough. the at least a first passing room opening from the second area 31. The method of claim 25, wherein a substantially linear adjacent the at least a second passing room opening, the walkway is provided between the at least first opening and the container being disposed adjacent to the enclosing material. at least second opening. 23. The access control system of claim 18, wherein the 32. An access system, comprising: container is delivered in a turnkey state. 10 a rectangular portable structure without wheels, having a 24. The access control system of claim 18, wherein the at lockable accessible door on at least one side of the porleast one passing room provides a substantially linear path table structure, and comprised of a steel frame and from the first passing room opening to the second passing durable material enabling the portable structure to withroom opening. stand repeated lifting, placing and towing, wherein all 25. A method of controlling passage, comprising: 15 access into or from the portable structure consists only providing an access control unit to control access to an of openings associated with lockable or closable access area, the access control unit including: between a first area on one side of the portable structure a rectangular portable container without wheels, having and a second area on a second side of the portable struca lockable accessible door on at least one side of the ture, such that no additional openings in the portable container, and comprised of a steel frame and durable 20 structure exist through which a person may gain unaumaterial enabling the container to withstand repeated thorized access from the first area into the second area; lifting, placing and towing, wherein all access into or at least one passing area in the structure, the at least one from the portable container consists only of openings passing area having at least a first opening, and at least a associated with lockable or closable access between a second opening, and a pathway; first area on one side of the portable container and a 25 at least one turnstile in the pathway, defining a first space second area on a second side of the portable container, between the first opening and the at least one turnstile, such that no additional openings in the portable con- and a second space between the at least one turnstile and tainer exist through which a person may gain unau- the second opening; and thorized access from the first area into the second at least one security device coupled to the at least one area; 30 turnstile and configurable to control passage through the at least one passing room disposed in the portable con- at least one turnstile from the first area into the second tainer, the at least one passing room having at least a area. first passing room opening, and at least a second pass- 33. An access control system, comprising: ing room opening, and a walkway in-between; a rectangular portable structure without wheels, having a at least one turnstile located in the walkway defining a 35 lockable accessible door on at least one side of the strucfirst space between the first passing room opening and ture, and comprised of a steel frame and durable material the at least one turnstile, and a second space between enabling the portable structure to withstand repeated the at least one turnstile and the second passing room lifting, placing and towing, wherein all access into or opening; and from the portable structure consists only of openings at least one electronic control in communication with the 40 associated with lockable or closable access between a at least one turnstile, wherein the first area is further first area on one side of the portable structure and a characterized as being adjacent the first passing room second area on a second side of the portable structure, opening and the second area is further characterized such that no additional openings in the portable structure as being adjacent the second passing room opening exist through which a person may gain unauthorized such that ingress to the second area is controlled by 45 access from the first area into the second area; the access control unit and the at least one electronic at least one passing area disposed in the structure, the at control is configured to control the at least one turn- least one passing area having at least a first passing area stile to permit or block passage through the passing opening, at least a second passing area opening, and a room into the second area; pathway; monitoring persons who are desiring to pass through the so at least one turnstile; portable container, wherein the monitoring includes uti- at least one security device coupled to the at least one lizing the at least one electronic control to verify identity turnstile and configured and arranged to control passage of a person in the first area and issuing a permission for through the at least one turnstile from the first area into the at least one electronic control to enable the person to the second area; and pass through the passing room into the second area and 55 at least one control area disposed in the structure adjacent selectively enabling passage through the at least one barrier to the at least one passing area, with at least a first control device, based on the monitoring. area opening, the at least one control area having at least 26. The method of claim 25, wherein the first opening and one security device disposed therein capable of controlthe second opening of the container are located on opposite ling passage through the at least one turnstile, sides of an enclosing material. 60 wherein a barrier is disposed between the at least one 27. The method of claim 25, further comprising controlling control room and the at least one passing area. ingress and egress between a first area adjacent the at least a 34. An access control system, comprising: first opening and a second area adjacent the at least a second a rectangular shipping container which, prior to any modiopening via at least one control area disposed in the container fications to create the access control system, has dimenadjacent to the at least one passing room. 65 sions of length, width and height that comply with stan- 28. The method of claim 27, wherein the controlling com- dard shipping container dimensions determined by the prises authorizing entry of a person into the second area. International Organization for Standarization (ISO),

60 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 60 of 72 9 wherein the container is comprised of a steel frame and durable material enabling the container to withstand repeated lifting, placing and towing, wherein all access into or from the container consists only of openings associated with lockable or closable access between a first area on one side of the container and a second area on a second side of the container, such that no additional openings in the container exist through which a person may gain unauthorized access from the first area into the second area; and at least one passing area disposed in the container, the at least one passing area having at least a first passing area opening, and at least a second passing area opening, and a pathway; and at least one turnstile located in the pathway, defining a first space between the first passing area opening and the at least one turnstile, and a second space between the at least one turnstile and the second passing area opening; a security device configured to enable or deny passage of a person through the passing room from the first area into the second area. 35. A method of controlling passage, comprising: monitoring persons who are desiring to pass through a portable structure, the structure including: a rectangular portable container without wheels, having a lockable accessible door on at least one side of the container, and comprised of a steel frame and durable material enabling the portable container to withstand repeated lifting, placing and towing, wherein all access into or from the portable container consists only of openings associated with lockable or closable access between a first area on one side of the portable container and a second area on a second side of the portable container, such that no additional openings in the portable container exist through which a person may gain unauthorized access from the first area into the second area at least one passing area, the at least one passing area having at least a first opening and at least a second opening and a pathway, and at least one turnstile US 8,015,754 B2 10 located in the pathway, defining a first space between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening; and 5 selectively enabling passage through the at least one turnstile from the first area to the second area, based on the monitoring. 36. A method of construction access control system, comprising: 10 obtaining a rectangular portable container; customizing the portable container to meet specific needs of a user, including: creating first and second openings in the container; creating a passing room connected to the first and second 15 openings; disposing at least one barrier device in the passing room such that a first space is disposed between the first opening and the at least one barrier device and a second space is disposed between the at least one 20 barrier device and the second opening; and installing at least one electronic control in the container to selectively cause the at least one barrier device to permit or block passage through the at least one barrier device; 25 wherein a customized access control system is created, with the portable container comprised of a steel frame and durable material enabling the portable container to withstand repeated lifting, placing and towing, wherein all access into or from the portable container 30 consists only of openings associated with lockable or closable access between a first area on one side of the portable container and a second area on a second side of the portable container, such that no additional openings in the portable container exist through 35 which a person may gain unauthorized access from the first area into the second area; and providing the customized access control system for delivery in a turnkey state.

61 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 61 of 72 EXHIBIT D

62 gINI Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 62 of 72 (12) United States Patent Slagel (10) Patent No.: US 9,404,278 B2 (45) Date of Patent: *Aug. 2, 2016 (54) CONTAINER ACCESS CONTROL SYSTEM (71) Applicant: Modular Security Systems, Inc., Ironton, OH (US) (72) Inventor: Robert Rhett Slagel, Ironton, OH (US) (73) Assignee: MODULAR SECURITY SYSTEMS, INC., Ironton, OH (US) ( * ) Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 0 days. (21) Appl. No.: 14/735,130 (22) Filed: (65) (51) Int. Cl. E04H 1/00 E04H 1/12 E06B 11/08 E05F 15/76 E04H 3/08 GO7C 9/00 This patent is subject to a terminal disclaimer. Jun. 9, 2015 US 2015/ Al Prior Publication Data Dec. 3, 2015 Related U.S. Application Data (63) Continuation of application No. 14/157,011, filed on Jan. 16, 2014, now Pat. No. 9,051,748, which is a continuation of application No. 13/205,419, filed on Aug. 8, 2011, now Pat. No. 8,671,624, which is a continuation of application No. 12/818,899, filed on Jun. 18, 2010, now Pat. No. 8,015,754, which is a continuation of application No. 10/992,126, filed on Nov. 19, 2004, now Pat. No. 7,762,025. ( ) ( ) ( ) ( ) ( ) ( ) (52) U.S. Cl. CPC E04H 1/1227 ( ); E04H 1/005 ( ); E04H 1/1205 ( ); E04H 3/08 ( ); E05F 15/76 ( ); E06B 11/08 ( ); GO7C 9/00007 ( ); E04H 2001/1283 ( ) (58) Field of Classification Search CPC E04H 1/1205; E04H 1/1227; E04H 3/08; E04H 1/005; E04H 2001/1283; E04B 11/08; GO7C 9/00007; E05F 15/76; E06B 11/08 USPC 52/79.1, 79.8; 250/287 See application file for complete search history. (56) References Cited BE CA 1,253,964 A 2,309,437 A U.S. PATENT DOCUMENTS 1/1918 Hack 1/1943 Cady (Continued) FOREIGN PATENT DOCUMENTS / /2000 (Continued) OTHER PUBLICATIONS U.S. Appl. No. 11/733,464, filed Apr. 1, 2007, Slagel. (Continued) Primary Examiner Basil Katcheves (74) Attorney, Agent, or Firm DLA Piper LLP US (57) ABSTRACT A portable container is provided which comprises a passing room(s) allowing entry into a second area into a first area, the passing room having at least two openings with a walkway in-between. Barrier device(s) can be located in the walkway but not connected to the first or second opening. A control room(s) can also be provided, the control room being connected to the passing room(s). 21 Claims, 5 Drawing Sheets \\\ , t m.z.--54 i \e/ ' \14 / \ f12 50 Th i="--54 '\ t ;_ -,-- 54 t -" ' r V V /, 36 14r 5 ' / \ ' /(

63 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 63 of 72 US 9,404,278 B2 Page 2 (56) References Cited U.S. PATENT DOCUMENTS 3,482,037 A 12/1969 Brown et al. 3,492,767 A 2/1970 Pincus 4,308,803 A 1/1982 Pretini 4,385,469 A 5/1983 Scheuerpflug et al. 4,480,863 A 11/1984 Hormann 4,481,887 A 11/1984 Urbano 4,513,545 A 4/1985 Hopkins, Jr. 4,586,441 A 5/1986 Zekich 4,656,954 A 4/1987 Tonali GB /1981 GB /1981 GB /1985 GB /1992 GB /1993 GB /2005 GB /2008 NL /1974 NL /1995 RU /2003 WO WO 94/ /1994 WO WO 96/ /1996 WO WO 00/ /2000 WO WO 2006/ /2006 4,683,688 A 8/1987 Wojcinski 5,353,558 A 10/1994 Shea, Sr. et al. 5,542,211 A 8/1996 Colombo OTHER PUBLICATIONS 5,579,613 A 12/1996 Carr press release "Smiths Detection unveils 5,617,674 A 4/1997 Terrill 5,676,271 A 10/1997 Reynard innovative mobile security checkpoint for screening individuals and 5,704,163 A 1/1998 Kocznar personal items"; Wiesbaden, Germany, Mar. 2, ,706,614 A 1/1998 Wiley et al. press release "Smiths Detection Creates 5,727,352 A 3/1998 Bared et al. First Mobile Security Screening Checkpoint in Partnership With 5,735,639 A 4/1998 Payne et al. TSWG and TSA Pine Brook, N.J.", Pine Brook, N.J., Apr. 3, ,983,578 A 11/1999 Huttie et al. "Mobile Perimeter Checkpoint" brochure 6,102,228 A 8/2000 Rene from L3 Communications (Wolf Coach) company's website; Apr. 6,155,747 A 12/2000 Payne et al ,170,194 B1 1/2001 Kocznar post.html; "Protected Screening 6,205,200 B1 3/2001 Boyer et al. Module" from Mifram Security Company's website, Apr. 7, ,299,008 B1 10/2001 Payne Employees' Compensation Case No. 699 of 2005, in the District 6,513,670 B2 2/2003 Minkkinen Court of the Hong Kong Special Administrative Region, Oct. 5, ,610,977 B2 8/2003 Megerle A.S. Containers cc., ,724,304 B2 4/2004 Risi 6,742,301 B1 6/2004 Schwarz Brijot Imaging Systems, Inc., press release "Brijot Delivers First 6,745,520 B2 6/2004 Puskaric et al. ScanPortTM Production Order to U.S. Army for Deployment in 6,929,175 B2 8/2005 Stockhammer Middle East"; Orlando, Fla., May 20, ,972,693 B2 12/2005 Brown et al. International Search Report issued in Application No. PCT/US08/ 6,973,758 B2 12/2005 Zeik mailed Jul. 15, ,983,567 B2 1/2006 Ciotti Written Opinion issued in Application No. PCT/US08/ ,023,339 B2 4/2006 Stomski mailed Jul. 15, ,102,512 B2 9/2006 Pendergraft English language translation of NL , published May 16, 7,119,682 B1 10/2006 Fisher ,264,273 B2 9/2007 Ryan English language abstract of ES , published Apr. 1, ,343,762 B1 3/2008 East et al. English language abstract of ES , published Apr. 16, ,762,025 B2 7/2010 Slagel 7,823,338 B2 11/2010 Slagel English language abstract of DE , published Apr. 6, 8,015,754 B2 9/2011 Slagel / Al 11/2004 Ryan English language abstract of FR , published Mar. 5, / Al 11/2004 Brown et al. English language abstract of RU , published Dec. 10, / Al 4/2005 Pendergraft English language abstract of EP , published Sep. 8, / Al 5/2006 Slagel English language abstract of FR , published Nov. 2, / Al 7/2006 Mesinger English language abstract of DE , published Apr. 1, / Al 10/2008 Slagel et al. English language abstract of FR , published Oct. 26, / Al 4/2009 Slagel English language abstract of BE , published Mar. 4, / Al 12/2010 Slagel Letter dated Dec. 16, 2008, from Haseltine Lake, including analysis 2011/ Al 1/2011 Slagel of current claim of counterpart EP / Al 12/2011 Slagel English language abstract of EP , published Jul. 27, English language abstract of EP , published Feb. 20, FOREIGN PATENT DOCUMENTS International Preliminary Report on Patentability (IPRP) issued in DE DE /2004 4/2006 PCT/US2008/ on Oct. 22, U.S. Appl. No. 10/992,126. U.S. Appl. No. 11/733,464. DE /2008 U.S. Appl. No. 12/818,899. EP /1980 U.S. Appl. No. 12/889,861. EP /1985 ISO Standards Handbook, Freight Containers, fourth edition 2006 (a EP /1999 CD of ISO Standards Handbook will follow via mail). EP /2005 ES /1994 U.S. Appl. No. 14/157,011. ES /1995 U.S. Appl. No. 13/205,419. FR /1982 Plaintiff's Non-Infringement and Invalidity Contentions served Dec. FR /1990 1, 2015 in Civil Action No. 15-cv FR GB /2001 9/1980 Complaint for Declaratory Relief filed Aug. 20, 2015 in Civil Action No. 15-cv

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69 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 69 of 72 1 CONTAINER ACCESS CONTROL SYSTEM CROSS-REFERENCE TO RELATED APPLICATIONS This application is a continuation of U.S. application Ser. No. 14/157,011, filed Jan. 16, 2014, now U.S. Pat. No. 9,051, 748, which is a continuation of U.S. application Ser. No. 13/205,419 flied Aug. 8, 2011, now U.S. Pat. No. 8,671,624, which is a continuation of U.S. application Ser. No. 12/818, 899 filed Jun. 18, 2010, now U.S. Pat. No. 8,015,754, which is a continuation of U.S. application Ser. No. 10/992,126 filed Nov. 19, 2004, now U.S. Pat. No. 7,762,025. The entirety of all of the above-listed applications are incorporated herein by reference. FIELD OF THE INVENTION The present invention is directed generally to access control systems and specifically to portable access control systems. BRIEF DESCRIPTION OF THE DRAWINGS FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. FIG. 4 is a detailed top cross-sectional view of a passing room 30 and a control room 40, according to one embodiment of the invention. FIG. 5 illustrates a perspective view of a passing room 30 and a control room 40, according to one embodiment of the invention. DESCRIPTION OF EMBODIMENTS OF THE INVENTION The Containerized Access Control Unit FIGS. 1 and 2 illustrate a front view and a perspective view of a portable container 110, according to embodiments of the invention. The portable container 110 has housing 20, which, in one embodiment, is rectangular shaped. However, any other shape is also possible. The housing 20 can be made of a durable material (e.g., iron, stainless steel), enabling the portable container 110 to be securely towed by a vehicle. One or both ends of the portable container 110 can be equipped to be towed by a vehicle. In addition, a security system to ensure that only authorized vehicles move the portable container 110 can also be included. Furthermore, fencing 63 or other material may be attached to the portable container 110 to surround a secured area 62 (e.g., see FIG. 5). FIG. 3 illustrates a top cross-sectional view of the portable container 110, according to one embodiment of the invention. The portable container 110 comprises at least one passing room 30, which is provided for controlling and directing the movement of people between two areas. In addition, the portable container 110 can also comprise at least one control room 40, for housing a guard or supervisor. The portable container 110 can be a standard shipping container. In one embodiment, the standard shipping container can be a shipping container which complies with international standards as determined by the International Organization for Standardization (ISO). In one embodiment, the shipping container can include the following features: made from corrugated steel; heavy steel framed to withstand US 9,404,278 B2 2 repeated lifting and placing; able to hold a cargo as large as 30 tons; marine grade plywood flooring; lockable accessible doors on one or both sides of the shipping container; forklift pockets; corner connectors; or a venting system; or any com- 5 bination thereof. In one embodiment, the portable container 110 can be delivered to a user in a ready-made or turn-key state. In this case, if electricity is not required, the portable container 110 is ready to be used. If electricity is required, all that needs to 10 be done to render the portable container 110 usable is the provision of electricity. In another embodiment, the portable container can be customized by the user to meet specific needs of the user. FIG. 4 is a detailed top cross-sectional view of a passing 15 room 30 and a control room 40, according to one embodiment of the invention. Passing Room. The passing room 30 controls the movement of people between area 60 and another area 62. A fence can also be used to separate areas 60 and 62 in locations where the portable containers 110 are not used. The passing room 30 has at least a first opening 32, and at least a second opening 34, which in one embodiment is on a side opposite the first opening 32. However, the first opening 32, second 25 opening 34, and additional openings can be located on any side of the passing room 30, including being located on the same side of the passing room 30. The second opening 34 is spaced apart from the first opening 32 so as to define a walkway 36 in-between. A closing device 33 (e.g., a door, shutters) 30 is employed to close the openings 32 and 34 when passing room 30 is not in use. A security sensing device for safeguarding the closing device 33 can be employed. The portable container 110 can comprise at least one barrier device 38 in the inside of the passing room 30, which 35 restricts a person's movement through the passing room 30. In one embodiment, a turnstile (e.g., a full-body turnstile, a partial-body turnstile, a bi-directional turnstile, or a uni-directional turnstile) is employed as a barrier device of the portable container 110, but other barrier device may be used 40 to restrict a person's movement through the passing room 30. For example, a sliding door, a revolving door, moving bars, and gates may be used as a barrier device. The barrier device 38 is located inside the walkway 36, defining a first space 50 between the barrier device 38 and the first opening 32, and 45 defining a second space 52 between the barrier device 38 and the second opening 34. In one embodiment, the passing room 30 can alternatively include at least one security device 54 issuing permission for a person to pass through the passing room 30. In one embodi- 50 ment, the security device 54 can comprise, but is not limited to, one or more card readers, metal detectors, biometric readers, iris scanners, fingerprint or palm readers, explosive detectors, physical or facial recognition technology, electronic key locks, or mechanical key locks, or any combination thereof. 55 The security device 54 can also include a security measure, such as, but not limited to, posting an individual proximate to the barrier device 38 to check identification cards (e.g., photo identification cards, licenses). In one embodiment, a security device 54 is located in the first space 50 and also in the second 60 space 52. Security devices 54 can be included inside or outside of the passing room. The passing room 30 can also comprise lighting. Control Room. In one embodiment, a control room 40 is provided for housing a guard or supervisor. The control room can include a control panel 42 to control the barrier device(s) 38 and the security device(s) 54 in order for a guard or supervisor to monitor the passing room while staying in the

70 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 70 of 72 US 9,404,278 B2 3 4 control room 40. The control panel 42 can comprise an alarm the barrier device 38. If a person is not approved, the barrier device 43 which gives an alarm in case a problem occurs in the device 38 continues to be kept locked, and, the control panel passing room can give an alarm to a guard via the alarm device 43. The control room 40 and the passing room 30 are separated Alternatively, the barrier device can remain open until locked by at least one wall 12. The wall 12 can comprise at least one 5 by security personnel, for example. window 14, so that a guard in the control room 40 can observe Manufacturing of the Containerized Access Control Unit the inside of the passing room 30 or the outside of the portable In one embodiment, a standard shipping container is filled container 110. The control room 40 has at least one opening with material to be shipped at a first location. Then, the 44 with at least one closing device 45. The closing device(s) container is shipped to a second location. The container is 45 of the control room 40 can be the same as, or different 10 next unloaded at the second location. Next, the container is from, the closing device(s) 33 of the passing room 30. outfitted as an access control unit after the container is The control room 40 can also comprise: heat and/or air- unloaded. In one embodiment, the second location can be conditioning; lighting; at least one computer/cable outlet; at overseas from the first embodiment. least one phone jack; at least one electrical outlet; at least one Conclusion vent; or insulation; or any combination thereof. 15 While various embodiments of the present invention have FIG. 5 illustrates a perspective view of a passing room 30 been described above, it should be understood that they have and a control room 40, according to one embodiment of the been presented by way of example, and not limitation. It will invention. As the portable container 110 has a housing 20 be apparent to persons skilled in the relevant art(s) that variwhich comprises both the at least one passing room 30 and the ous changes in form and detail can be made therein without at least one control room 40, it is easy for users to move and 20 departing from the spirit and scope of the present invention. In use almost anywhere. The portable container has everything fact, after reading the above description, it will be apparent to that a user needs to control access to an area. one skilled in the relevant art(s) how to implement the inven- Use of the Containerized Access Control Unit tion in alternative embodiments. Thus, the present invention The portable container 110 can be put on a vehicle or trailer should not be limited by any of the above-described exemand transported or towed to reach multiple destinations, and 25 plary embodiments. can be used to control access to an area. The portable con- In addition, it should be understood that the figures, which tainer may be used by people who have an access device (e.g., highlight the functionality and advantages of the present people working on a construction site). The access device is invention, are presented for example purposes only. The read by the security device. The portable container 110 may architecture of the present invention is sufficiently flexible also be used by people that do not have an access device, but 30 and configurable, such that it may be utilized in ways other who must pass through security to enter a venue (e.g., an than that shown in the accompanying figures. outside concert). Further, the purpose of the Abstract of the Disclosure is to Use with Access Device. If the portable container 110 is enable the U.S. Patent and Trademark Office and the public being used in conjunction with an access device, when a generally, and especially the scientists, engineers and practiperson approaches the passing room 30 from an area 60 and 35 tioners in the art who are not familiar with patent or legal enters the first opening 32, the person can stay in the first terms or phraseology, to determine quickly from a cursory space 50 in the walkway 36 and present an access device (e.g., inspection the nature and essence of the technical disclosure identification or electronically read card) to the security of the application. The Abstract of the Disclosure is not device 54. In one embodiment, because the security device 54 intended to be limiting as to the scope of the present invention is located inside the passing room, the chance that the person 40 in any way. will lose or break an identification card or device is decreased because the person does not need to expose the identification The invention claimed is: card or device outside of the portable container 110. The 1. An access control system, comprising: portable container 110 also protects the security device 54, a portable container comprised of durable material because the security device 54 is located inside of the passing 45 enabling the portable container to withstand repeated room 30. lifting, placing and towing, the portable container In one embodiment, the barrier device remains locked or including access openings defined as openings that proclosed until the access device is successfully read by the vide access through the portable container between a security device 54. Once a person is approved by the security first area adjacent one side of the portable container and device 54, the barrier device 38 is unlocked and the person can 50 a second area adjacent a second side of the portable go through the barrier device 38. If a person is not approved container, all of the access openings being lockable or by the security device 54, the barrier device 38 continues to be closable to prevent access through the portable conkept locked, and, the control panel 42 can give an alarm to a tainer, and wherein the container is configurable such guard via the alarm device 43. that a bottom surface of the container sits on a surface Use without Access Device. If the portable container 110 is 55 between the first area and the second area to prevent being used without an access device, when a person access to the second area from the first area; approaches the passing room 30 from an area 60 and enters at least one passing room disposed in the portable conthe first opening 32, the person can stay in the first space 50 in tainer, the at least one passing room having at least a first the walkway 36 and go through the security device 54 (e.g., a passing room opening, and at least a second passing metal detector). In one embodiment, the barrier device 38 can 60 room opening, and a walkway in-between, wherein a be the same device as the security device 54 (e.g., the metal floor of the at least one passing room spans between the detector). In another embodiment, a separate barrier device first area and the second area; can be used to stop persons from accessing the secured area at least one barrier device located in the passing room, 62. The barrier device 38 remains locked or closed until the defining a first space between the first passing room security device 54 or security personnel authorizes a person to 65 opening and the at least one barrier device, and a second enter the secured area 62. Once a person is approved, the space between the at least one barrier device and the barrier device 38 is unlocked and the person can go through second passing room opening; and

71 Case 2:16-cv DJH Document 34 Filed 09/27/16 Page 71 of 72 5 at least one electronic control coupled to the at least one barrier device so that the at least one electronic control actuates the at least one barrier device to permit or block passage through the at least one barrier device to thereby prevent unauthorized access from the first area into the second area; wherein the at least one passing room comprises walls defining a single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening. 2. The access control system of claim 1, wherein the at least one passing room contains the at least one electronic control, which is electronically coupled to the at least one barrier device to provide authorization for a person to pass through the at least one barrier device. 3. The access control system of claim 2, wherein the at least one electronic control includes one or more card readers, one or more metal detectors, one or more biometric readers, one or more iris scanners, one or more fingerprint readers, one or more facial recognition technology, one or more explosive detectors, one or more electronic key locks, or one or more mechanical key locks, or a combination of two or more thereof 4. The access control system of claim 2, wherein the at least one electronic control is located outside the at least one passing room. 5. The access control system of claim 1, further comprising enclosing material to separate a first area adjacent the at least a first passing room opening from an area adjacent the at least a second passing room opening, the container being disposed adjacent to the enclosing material. 6. The access control system of claim 1, further comprising at least one control area which comprises at least one control panel. 7. The access control system of claim 6, wherein the at least one control panel controls the at least one electronic control to enable a person to monitor the at least one passing room from the at least one control area. 8. The access control system of claim 1, wherein the wall includes at least one window. 9. The access control system of claim 1, wherein the container is delivered in a turnkey state. 10. The access control system of claim 1, wherein the at least one passing room provides a substantially linear path from the first passing room opening to the second passing room opening. 11. A method of controlling passage, comprising: monitoring persons who are desiring to pass through a portable container comprised of durable material enabling the portable container to withstand repeated lifting, placing and towing, the portable container including access openings defined as openings that provide access through the portable container between a first area adjacent one side of the portable container and a second area adjacent a second side of the portable container, all of the access openings being lockable or closable to prevent access through the portable container, and wherein the container is configurable such that a bottom surface of the container sits on a surface between the first area and the second area to prevent access to the second area from the first area, the container including at least one passing room, the at least one passing room having at least a first opening and at least a second opening and a walkway in-between, wherein a floor of the at least one passing room spans between the first area and the second area, and at least one barrier device located in the passing room, defining US 9,404,278 B2 6 a first space between the first opening and the at least one barrier device, and a second space between the at least one barrier device and the second opening, wherein the at least one passing room comprises walls defining a 5 single, substantially linear path for each passing room from the first passing room opening, to the barrier device, to the second passing room opening; and selectively enabling, via at least one electronic control coupled to the at least one barrier device, passage through the at least one barrier device, based on the monitoring, wherein the at least one electronic control actuates the at least one barrier device to permit or block passage through the at least one barrier device to thereby prevent unauthorized access from the first area into the 15 second area. 12. The method of claim 11, wherein the first opening and the second opening of the container are located on opposite sides of an enclosing material The method of claim 11, further comprising controlling ingress and egress between a first area adjacent the at least a first opening and a second area adjacent the at least a second opening via at least one control area disposed in the container adjacent to the at least one passing room The method of claim 13, wherein the controlling comprises authorizing entry of a person into the second area. 15. The method of claim 13, wherein the controlling comprises monitoring the at least one passing room. 16. The method of claim 13, wherein the controlling com prises controlling the at least one barrier device so as to authorize or deny passage therethrough. 17. The method of claim 11, wherein a substantially linear walkway is provided between the at least first opening and the at least second opening. 18. An access system, comprising: a portable structure comprised of durable material enabling the structure to withstand repeated lifting, placing and towing, the structure including access openings defined 40 as openings that provide access through the structure between a first area adjacent one side of the structure and a second area adjacent a second side of the structure, all of the access openings being lockable or closable to prevent access through the structure, and wherein the 45 container is configurable such that a bottom surface of the container sits on a surface between the first area and the second area to prevent access to the second area from the first area; at least one passing area in the structure, the at least one 50 passing area having at least a first opening, and at least a second opening, and a pathway, wherein a floor of the at least one passing area spans between the first area and the second area; at least one turnstile in the pathway, defining a first space 55 between the first opening and the at least one turnstile, and a second space between the at least one turnstile and the second opening; and at least one electronically controlled security device coupled to the at least one turnstile so that the at least one 60 electronically controlled security device actuates the at least one turnstile to permit or block passage through the at least one turnstile to thereby prevent unauthorized access from the first area into the second area; wherein the at least one passing area comprises walls defin- 65 ing a single, substantially linear path for each passing room from the first passing room opening, to the turnstile, to the second passing room opening.