throbber
Page 1 of 125
`
`TRADING TECH EXHIBIT 2174
`IBG ET AL. v. TRADING TECH
`CBM2015-00181
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,4l 1
`
`I. Qualifications
`
`I.
`
`I, Dan R. Olsen .Ir., Ph.D., am a resident of Orem, Utah and have more
`
`than 35 years of experience in computer science and human—cornputer interaction
`
`(I-ICI). I hold a doctorate in Computing and Information from the University of
`
`Pennsylvania. For 3 Vi years I was an Assistant Professor of Computer Science at
`
`Arizona State University. I then served for 30 years on the faculty of Brigham
`
`Young Un.iversity retiring as a full professor in 2015. During that time at BYU, I
`
`also served as the chair of the Department of Computer Science. I took leave fi'om
`
`BYU in 1996 to become the founding director of the Human Computer Interaction
`
`Institute in the School of Computer Science at Carnegie Mellon University. I
`
`returned to BYU in 1998. I am currently the CEO of a software startup in
`
`educational technology (SparxTeq, Inc).
`
`2.
`
`During the course ofmy academic career, I authored over 70 papers in
`
`the field of computer science. The topics on which I have published papers are:
`
`-
`
`User Interface Management Systems
`
`Syntactic representations of user interfaces
`
`Multi-user interaction across networks
`
`Induction of interaction behavior from pictures
`
`Novel interaction techniques using speech and laser pointers
`
`Interactive machine learning
`
`Page 2 of 125
`
`

`
`Case CBM2015—00181
`
`U.S. Patent 7,676,411
`
`Interactive robotics
`
`Interactive television
`
`3 .
`
`I currently hold 4 patents in human-computer interaction. I have
`
`authored 3 textbooks on the techniques of software design for human-computer
`
`interaction.
`
`4.
`
`I have had extensive involvement in professional societies, such as the
`
`Association for Computing Machinery (ACM), the premiere society in computing.
`
`I have served in many offices of ACM’s Special Interest Group on Computer
`
`Human Interaction (SIGCI-II) and currently serve as its treasurer. I have been
`
`conference chair of CH], which is the premier conference in Computer Human
`
`Interaction. I was the founding editor of ACM’s Transactions on Computer Human
`
`Interaction. I was a co-founder and active leader for the conference on User
`
`Interface Software and Technology (UIST) for the past 29 years. I have also served
`
`at the governor’s request on the Utah Science, Technology and Research (USTAR)
`
`board, which oversees and fimds state economic development efforts in
`
`technology.
`
`5.
`
`I twice received best paper awards in intelligent user interfaces. In
`
`2004, I was appointed to the CHI Academy for international excellence in
`
`Computer Human Interaction research. In 2007, I was recognized as one of ACM’s
`
`Page 3 of 125
`
`

`
`Case CBM20l5-00181
`
`U.S. Patent 7,676,411
`
`Fellows for research in computer science and in 2012 received the CHI Lifetime
`
`Research Award, which is the highest award in Computer Human Interaction.
`
`II. Graphical User Interfaces and the ‘411 Patent
`
`6.
`
`Attorneys for the Patent Holder have explained to me that U.S. Patent
`
`No. 7,676,411 (“the ‘411 patent”) has been challenged as a Covered Business
`
`Method (CBM) patent. I have been asked to review the nature of the invention in
`
`the ‘411 patent. As explained below, it is my opinion that the ‘4l1 patent claims a
`
`technological invention because the claimed invention provides a technical
`
`improvement to prior graphical user interfaces.
`
`III. Historical context
`
`7.
`
`In discussing how graphical user interfaces are a technology with
`
`specific technical problems, I would first like to refer to two very old patents
`
`involving earlier mechanical technologies. I will use these two patents to illustrate
`
`two key pieces of technical knowledge that are used widely in graphical user
`
`interface (GUI) technology.
`
`Page 4 of 125
`
`

`
`Case CBM201S—001 81
`
`U.S. Patent 7,676,41 1
`
`annulus lemma we ruinous
`711-4 50th :0. ma
`
`3 am:-mun 1
`
`Figure 1 — Speedometer in the Steering Wheel.
`
`IV.
`
`Simplification of perception — US patent 1,692,601
`
`8.
`
`In 1928, U.S. patent 1,692,601 was issued for an automobile
`
`speedometer that was mounted in the center of the steering wheel. This patent
`
`claims the ability to perceive an automobi1e’s speed. It was not for the sensor for
`
`measuring speed (Which was well known at the time). It was not for the concept of
`
`displaying speed in a meter (which was also well known). The key claim was as
`
`follows:
`
`first, to provide a steering control means -for vehicles on which is
`mounted a speedometer whereby the speed of the vehicle may be
`readily determined by merely dropping the vision slightly to the
`middle portion of the steering wheel which is substantially in line with
`the line of vision of the driver and as close to the eyes of the driver as
`possible, thus determining the speed of the vehicle with least danger
`to the driver and other occupants
`
`4
`
`Page 5 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`9.
`
`This patent’s key contribution was that it placed the speedometer in
`
`the center of the steering Wheel Where it was easier for the driver to perceive. This
`
`Was not awarded for the esthetics or appearance ofthat speedometer placement. It
`
`was the arrangement of the components of the technology for easiest human
`
`perception that was the key to this patent. It will be shown in this report that the
`
`‘411 patent claims constructing a GUI to display information in particular
`
`locations to improve the interface between man and machine by improving the
`
`user‘s perception of the relevant information, with bits and pixels comprising the
`
`GUI elements rather than cables, shafts and gears.
`
`V. Reduction of human effort - US 714,878
`
`10.
`
`In 1902, U.S. patent 714,878 was issued for a new steering
`
`mechanism. The claim was not for steering, which was well known, and not for the
`
`gears, shafts and motive power that were used. The essential claim of this patent. is
`
`as follows:
`
`This invention relates to improvements in motor-vehicles or
`automobiles, and more particularly to the class of such vehicles
`wherein the front Wheels are both the driven and the steering wheels;
`and the invent—ion more especially pertains to the mechanisms and
`controlling appliances whereby the motor may be made available for
`the propulsion ofthe vehicle through the front steering wheels,
`whereby the motor may be employed to swing the steering-wheels to
`steer, whereby the motor may be simultaneously caused to both drive
`
`Page 6 of 125
`
`

`
`Case CBM201 5-00 181
`
`U.S. Patent 7,676,111 1
`
`and steer, and whereby the motor may only drive the steering-wheels,
`the steering being operated manually.
`
`The improved mechanism is especially useful on large and heavy
`motor wagons or trucks in which, especially at the time of starting the
`same, considerable power is necessary to change the relative position
`of the wheels under the body.
`
`1 1. By this time the steering of vehicles was well known. The specific
`
`technical problem that was addressed was that with very heavy vehicles the power
`
`required to turn the steering wheels was beyond the capacity of normal human
`
`beings. They were simply not strong enough. In this patent, a mechanism is
`
`described for using power from the motor to perform the task that a human could
`
`not do. As explained in this report, the ‘411 patent, rather than using a motor to
`
`reduce human effort, describes a way of constructing a GUI to allow a human to
`
`perceive and enter information in a way that a human previously could not. Bits
`
`and pixels comprising GUI components have replaced gears, motors and shafts but
`
`again human capacity to control and interface with a machine has still been
`
`enhanced i.n a novel way.
`
`VI. Graphical User Interface Technology
`
`12. One of the questions at issue in the Petitioner’s arguments is whether
`
`or not GU15 constitute a technology. User interface technology is the subject of
`
`study at institutions such as MIT-Media Lab, CMU-HCI Institute in their School of
`
`Computer Science, Stanford, UC-Berkeley, University of Washington and Georgia
`
`Page 7 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`Tech. All ofthese highly technical institutions have strong research faculty and
`
`educational programs in human-computer interaction. The goals of HCI research
`
`are to invent new Ways for people to interact with computers. This is not a new
`
`field of study, but rather a subset of man-machine interface design. Indeed, HCI
`
`has adopted a number ofterms from its mechanical parent. For example, buttons,
`
`sliders, exist in both fields for study, and just as changes to these features may
`
`provide an improvement in a mechanical device, improving the equivalent features
`
`in a GUI allows a computer to function better or even in ways that were not
`
`previously conceived. For example, the various GUIS on the iPhone transform it
`
`into a phone, compass, calculator, and so on. Without these GUIs, the iPhone is a
`
`useless handheld computer. Indeed, the iPhone itself uses HCI design, for
`
`example, by using slide to unlock to access the phone to replace a mechanical lock.
`
`13.
`
`Two common measures of success in HCI research are speed -and
`
`accuracy. Learnability is also a common success metric. The ease with which
`
`someone can master a user interface is very important. Although esthetics do come
`
`into play when marketing some types of products (e.g., retail products), HCI
`
`researchers generally ignore this aspect and focus on making a user interface more
`
`effective rather than just prettier.
`
`14. Merriam-Webster dictionary defines technology as “the practical
`
`application of knowledge, especially in a particular area.” At issue then is the
`
`7
`
`Page 8 of 125
`
`

`
`Case CBM20l5-00181
`
`U.S. Patent 7,676,111 1
`
`knowledge, or scientific principles, that cause the invention claimed in the ‘411
`
`patent to work better than previous solutions. In my opinion, at least two basic GUI
`
`principles cause users to perceive the claimed GUI as an improvement over prior
`
`GU1s, namely: human visual search, and optimizing human effort. This section of
`
`the report includes a light introduction to these principles so that they can be
`
`understood with respect to the claims of the ‘411 patent.
`
`V11. GUI Architecture
`
`15.
`
`In the case of the ‘411 patent, the claims identify the specific
`
`architecture/make-up, functionality, and structural components, including order-
`
`entry regions allowing for user interaction, and display regions providing
`
`information about the particular commodity market in which trades are occurring.
`
`The design ofthis presentation is absolutely critical to the user’s ability to correctly
`
`perceive the state of the interaction information. There are many possibilities for
`
`the design of the GUI architecture and they will vary widely in how rapidly and
`
`accurately the user can perceive information the user is trying to perceive. The
`
`claims of the ‘411 patent describe how to construct a GUI with a very specific and
`
`concrete arrangement of the presentation of the market information at particular
`
`locations so that the inside market (the current highest bid price and current lowest
`
`ask price) moves relative to a price axis so as to facilitate the user’s (trader)
`
`"perception of the market.
`
`Page 9 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`16.
`
`The ‘411 claims describe a particular way of constructing a GUI with
`
`areas in an order entry region at particular locations to allow for order entry which
`
`requires less effort of the user than before and provides greater accuracy without
`
`sacrificing speed versus the disclosed conventional screens. The ’411 patent claims
`
`a way of constructing a GUI with a specific structure and make-up for presenting
`
`information and that permits a specific way in which users can enter data and cause
`
`messages to be sent, which in this case is data parameters of trade orders and
`
`messages that represent trade orders. The ‘41 1 patent claims provide a GUI that a
`
`user can see, feel and interact with no differently than a mechanical device. The
`
`‘411 claims provide technical solutions to the technical problems ofus.er’s
`
`perception of market data and entry of data.
`
`17.
`
`Innovation in human control ofprocesses has a long patent history.
`
`US Patent 3,018,661 issued in 195 7 is for an aviation dispiay. The goal of this
`
`display is as follows:
`
`It is an object of the present invention to provide an
`
`aircraft instrument constructed to facilitate the control of
`
`an aircraft simultaneously in pitch and roll by a human
`
`pilot and which preferably is combined with means to
`
`display the pitch and roll attitude of the aircraft to give a
`
`readily appreciated indication of the actual attitude of the
`
`9
`
`Page 10 of 125
`
`

`
`Case CBM2015-00181
`
`US. Patent 7,676,411
`
`aircraft and the action which is required to attain the
`
`desired flight path.
`
`And the patent claimed providing that particular way of presenting information as
`
`follows:
`
`1. An aircraft instrument comprising means to define a
`
`Viewing aperture, a first index supported for movement
`
`Within the aperture, means within the aperture to define a
`
`datum position for the first index, driving means
`
`connected to the first index, means to control the driving
`
`means in accordance with the component of the normal
`
`plane absolute acceleration of the aircraft in direction of
`
`its Z axis so that the displacement of the first index from
`
`the said datum position is proportional to the said
`
`component of the normal plane absolute acceleration of
`
`the aircraft, a further index supported for movement
`
`within the aperture and means to displace the further
`
`index in relation to the said datum position in accordance
`
`with a demanded value, both as to magnitude and
`
`direction of the normal plane absolute acceleration, said
`
`demanded Value being that required if some desired flight
`
`10
`
`Page 11 of 125
`
`

`
`Case CBM2015—0Ol81
`
`U.S. Patent 7,676,411
`
`path is to be achieved and a maneuver of the aircrafi in
`
`bank and pitch to superpose the first index and further
`
`index thus resulting in the attainment of the demanded
`
`normal plane acceleration and the desired flight path,
`
`neglecting any components of the normal plane absolute
`
`acceleration in the direction of the transverse axis of the
`
`18.
`
`The innovation in this aviation patent relies upon the pilot’s ability to
`
`perceive his current flight state in a way that will more easily allow him to control
`
`the plane. The ‘4l1 patent innovates in a similar way using mouse, keyboard and
`
`screen rather than gears and dials.
`
`Page 12 of 125
`
`

`
`Case CBMZOIS-00181
`
`U.S. Patent 7,676,411
`
`VII1. Human factors
`
`19.
`
`This is not the place for a complete discussion of the human factors
`
`principles that impact the design of interfaces between man and machine.
`
`However, there are three that are instructive in this case. They are: short term
`
`memory, foveated perception and expressive leverage.
`
`A. Seven +/- two
`
`20. A great deal of what we do when we work depends upon our short-
`
`term memory. Short term memory consists of the knowledge we need right now
`
`for the task at hand. It has been shown that the number of concepts that can be held
`
`in short term memory is between 5 and 9, which is described as the “seven plus or
`
`minus two” rule. When the amount of information required for a task exceeds these
`
`limits we forget something to make room for a new piece of information. This is
`
`Why talking with someone will cause us to forget a phone number that we just
`
`looked up. The new information from talking pushes out the phone number we just
`
`saw. In commodity trading, driving a car, or piloting aircraft there are many pieces
`
`of information that must be considered rapidly and simultaneously to perform
`
`successfully.
`
`B. Foveated perception
`
`21. When information is displayed on the screen, the speed and accuracy
`
`with which a user can interact is heavily influenced by their ability to find desired
`
`12
`
`Page 13 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`information on the screen. The visual search for information is largely controlled
`
`by the anatomy of the eye and specifically the retina. Figure 3 shows the anatomy
`
`of the eye. Most of the retina is the periphery with a small spot near the center
`
`called the macula or the fovea. The periphery has a lot of sensors but they are quite
`
`spread out and can only sense gray, not color. This means that most of the image
`
`that we see at any one time is gray and quite blurry. The sensors at the fovea are
`
`densely packed so that we see in high resolution and they also can sense color.
`
`Low RDSDIIJIIDI1
`GrayFast
`
`I
`Macuiaf
`FDVEG
`High Resolution
`Ooh:-I
`Slaw
`Saccade Sfsec
`
`Figure 3 — Eye anatomy
`
`22. At first most people do not believe that their eye works this way
`
`because they think they see everything in high resolution and in color. In actuality
`
`that is your visual memory that is supplying the information as well as the fact that
`
`your eye can move very rapidly. As soon as you think about wanting to see
`
`something, your eye moves to look at it and it appears in high resolution. This
`
`effect can be understood by a simple experiment. Pick a line of text in the middle
`
`13
`
`Page 14 of 125
`
`

`
`Case CBMJZOIS-00181
`
`U.S. Patent 7,676,411
`
`of this paragraph. Hold your eyes still and witl1out moving them, attempt to read
`
`the lines above and below. With double-spaced text you will not be able to see
`
`anything but a blur outside of the line you. are looking at.
`
`23.
`
`Because only the fovea can pick up high resolution information, it
`
`relies upon the eye’s ability to move very rapidly (5 times per -second) and on the
`
`periphery to identify important locations to look. However, the periphery is limited
`
`in its ability to identify where to look because of its low resolution (blurry images).
`
`Good interface design will organize information so that it is easy for the periphery
`
`to identify where the eye should look for the desired information. For example, this
`
`is why warning lights in a car are displayed around a cars more frequently viewed
`
`speedometer. The claims of the ‘41l patent describe a particular way of
`
`constructing a GUI with a specific set of visual relationships to simplify visual
`
`search for the information.
`
`C. Expressive leverage
`
`24.
`
`The process of visual search is only part of the technical problem of
`
`creating an efficient interactive solution. We also need to minimize the human
`
`effort to interact with the GUI. One principle of such interactivity is called
`
`“expressive leverage” [OLSE 07]. Expressive leverage is the ratio between the
`
`amount of information to be expressed and the amount of human effort required in
`
`such expression. High expressive leverage creates Very eflicient user interfaces.
`
`14
`
`Page 15 of 125
`
`

`
`Case CBl\/12015-00181
`
`U.S. Patent 7,676,411
`
`Natural languages such as English are attractive due to their high expressive
`
`leverage.
`
`25.
`
`A very common way to measure human effort in an interaction is the
`
`keystroke-level model (KLM) [CARD 08]. This simply counts the number of key
`
`or button entries required to accomplish a task. This measure has many limitations
`
`but it will serve here as a simple measure of expressive leverage in this discussion.
`
`Use PrEv.iau5 ..
`
`Name:
`
`George Menden hall
`
`Street Address:
`
`1450 Sonuma Blvd
`
`City:
`
`_ Pig Creek
`
`=
`:
`
`'
`
`lap
`98 765
`
`I
`
`i
`
`|
`
`I
`
`Figure 4 — Form Filling
`
`26.
`
`In one application a user may be required to enter a shipping address
`
`using the form shown in figure 4. To enter the address shown in the figure requires
`
`49 key presses plus 5 mouse clicks for a KLM measure of 54. If the user enters this
`
`address many times, the designers can introduce the “Use Previous” button that
`
`requires only 1 click (expressive leverage of 54/1) to accomplish the task. This is
`
`the technique used by Amazon in US Patent 5,960,411. These examples are
`
`modern instances of the same kind of innovation found in the power steering
`
`Page 16 of 125
`
`

`
`Case CBM20l5-D0181
`
`U.S. Patent 7,676,411
`
`patent. Again bits and pixels have replaced shafts, wheels and gears but the
`
`concept of magnifying the power of humans to effect desired actions is the same.
`
`IX.
`
`The ‘4l1 patent analysis
`
`27.
`
`The preceding discussion has laid out some of the knowledge and
`
`principles found in the field of interface design. We have shown that improvements
`
`to interfaces have long been the subject of patentable technologies and provide
`
`specific benefits. In particular, the ‘41l patent addresses the technical problem of
`
`increasing the speed and accuracy of entering data and usability by constructing a
`
`GUI to improve user interaction by displaying market information and areas in an
`
`order entry region selectable by a single action to set a price for a trade order and
`
`send an order at that price with a default quantity. It is not the nature of commodity
`
`trading that is claimed in the ‘411 patent but rather the technology of a new
`
`mechanism for improved efficiency in entering data and sending messages
`
`representing trades that is claimed.
`
`Page 17 of 125
`
`

`
`Case CBMZOIS-00181
`
`U.S. Patent 7,676,4l 1
`
`Figure 5 — [Figure 4] from the ‘411 patent
`
`The third—fifth, and seventh paragraphs of claim 1 are as follows:
`
`displaying, via the computing device, a bid display region comprising
`a plurality of graphical locations, each graphical location in the bid
`display region corresponding to a different price level of a plurality of
`price levels along a price axis;
`
`displaying, via the computing device, an ask display region
`comprising a plurality of graphical locations, each graphical location
`in the ask display region corresponding to a different price level of the
`plurality of price levels along the price axis;
`
`dynamically displaying, via the computing device, a first indicator
`representing quantity associated with at least one trade order to buy
`the commodity at the current highest bid price in a first graphical
`location of the plurality of graphical locations in the bid display
`
`1?
`
`Page 18 of 125
`
`

`
`Case CBNIZOI 5-0018.1
`
`US. Patent 7,676,41 I
`
`region, the first graphical location in the bid display region
`corresponding to a price level associated with the current highest bid
`price;
`
`dynamically displaying, via the computing device, a second indicator
`
`representing quantity associated with at least one trade order to sell
`
`the commodity at the current lowest ask price in a first graphical
`location of the plurality of graphical locations in the ask display
`region, the first graphical location in the ask display region
`corresponding to a price level associated with the current lowest ask
`
`price;
`
`These elements provide benefits for several reasons. First is that the axis
`
`alignment improves Visual search by the fovea for a specific market price.
`
`Alignment along the axis gives the eye a very specific direction to look. Arranging
`
`the prices in regular intervals gives the brain’s visual system a good idea of exactly
`
`how far to look to locate a specific price. Arranging the bid/ask information in a
`
`specific locations relative to the price location greatly simplifies the trader’s visual
`
`search for bid information at a specific price. The requirement of the common
`
`price axis displayed against both bid and ask solves the technical problem of the
`
`user efficiently perceiving the whole market.
`
`29.
`
`The sixth paragraph of claim 1 reads:
`
`upon receipt of market information comprising a new highest bid
`price, moving the first indicator relative to the price axis to a second
`graphical location of the plurality of graphical locations in the bid
`display region, the second graphical location corresponding to a price
`level ofthe plurality of price levels associated with the new highest
`
`18
`
`Page 19 of 125
`
`

`
`Case CBMZOIS-00181
`
`U.S. Patent 7,676,411
`
`bid price, wherein the second graphical location is different from the
`first graphical location in the bid display region;
`
`The goal of this element is to show movement of the highest bid price as the
`
`market changes. Because the price axis is remaining static the periphery of the eye
`
`as well as the visual memory retains the position of various prices without the
`
`time-consuming process of reading the prices using the fovea. As the highest bid
`
`price moves it is easy for the eye to follow and for the trader to quickly understand
`
`the corresponding price change. This is made possible because‘ the indicator is
`
`moving relative to the fixed price locations. This is in contrast with the old method
`
`in figure 2 of the ‘4l1 patent where the user must read prices (visually much
`
`slower) to understand the movement. The eighth paragraph of claim 1 claims
`
`similar interactive properties as paragraph six. The difference is that it discusses
`
`the lowest ask price rather than the highest bid price. The visual analysis is the
`
`same.
`
`30.
`
`The ninth and tenth paragraphs of claim 1 read:
`
`displaying, via the computing device, an order entry region
`
`comprising a plurality of graphical areas for receiving single action
`
`commands to set trade order prices and send trade orders, each
`
`graphical area corresponding to a different price level along the price
`
`axis; and
`
`selecting a particular graphical area in the order entry region through a
`
`single action of the user input device to both set a price for the trade
`
`order and send the trade order having a default quantity to the
`
`electronic exchange
`
`19
`
`Page 20 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`This paragraph of the claim further defines the structure and features of the GUI,
`
`namely the order entry region that a user may select to send trade orders. This
`
`paragraph shows that the claimed invention addresses the whole interactive
`
`problem, not just the Visual display. Specifically, the claimed GUI provides
`
`functionality for a trader to not only understand the market but repeatedly take
`
`action within that market. By aligning the graphical areas that accept order
`
`commands with the corresponding prices, the ‘4l1 patent takes advantage of two
`
`GUI principles. The alignment with the price simplifies the eye’s location of the
`
`order command area. Also by aligning the order area with the price the trader can
`
`simultaneously specify the price as well as the order. This increases the expressive
`
`leverage of the user interface. The inclusion of a default quantity further increases
`
`the expressive leverage.
`
`31.
`
`The whole of the language of claim 1 is not about executing
`
`commodity trades. The claim provides the structure, make-up, and functionality to
`
`address technical problems ofproviding a GUI that is efficient to perceive and
`
`accurate and eficient for entering data over the conventional systems (e. g., Fig. 2
`
`GU15) that the patent discloses. The inventors have applied GUI design knowledge
`
`to the particular area of commodities trading to achieve a practical solution of
`
`providing a more efficient interface for doing commodity trading. Thus, they have
`
`applied technical knowledge to a technical problem.
`
`20
`
`Page 21 of 125
`
`

`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`X. Market speed
`
`32.
`
`In previous work by the inventors and others it was common to
`
`provide the current market bid and ask prices in a fixed location in a GUI. Figure 2
`
`of the ‘4 1 1 patent. The patent describes this as the normal user interface for
`
`commodity trading before the technology covered by the ‘411 patent was
`
`introduced. It is also my understanding that these displayed prices could be
`
`clicked to execute an order at the current market price. The problem is that people
`
`cannot respond to Visual data in less than 200 milliseconds and usually much
`
`longer. However, the commodities market changes much faster than that. This
`
`means that traders using such a user interface would not always order at the price
`
`they thought they were (if they were trying to obtain a particular price) because
`
`between the time they decided to order and they could execute a click the price
`
`would have changed. From the user’s perspective, an order placed at a price that
`
`differed from their intended price would be a data entry error. From the computer’s
`
`perspective, the interface would be operating correctly. The ‘4 11 method provides
`
`an improved GUI for traders who want to enter an order at a particular price
`
`because it constructs the GUI in a way that removes that discrepancy between the
`
`user’s intended price and what the computer understands the user’s selected price
`
`to be. This allows for exact price orders to be executed, addressing this problem.
`
`Page 22 of 125
`
`

`
`References
`
`Case CBM2015-00181
`
`U.S. Patent 7,676,411
`
`[CARD 80] Card, Stuart K; Moran, Thomas P; Allen, Newell (1980). "The
`
`keystroke-level model for user performance time with interactive systems".
`
`Communications of the ACM 23 (7): 396-410.
`
`[OLSE 07] Olsen, D. R. "Evaluating User Interface Systems Research,"
`
`UIST 2007, ACM (2007)
`
`I declare that all statements made herein of my knowledge are true, and that
`
`all statements made on information and belief are believed to be true, and that
`
`these statements were made with the knowledge that Willftll false statements and
`
`the like so made are punishable by fine or imprisonment, or both, under Section
`
`1001 of Title 18 of the United States Code.
`
`Date: 642$;/5
`
`B % é
`
`Dan R. Olsen, J .
`
`Page 23 of 125
`
`

`
`APPENDIX A
`APPENDIX A
`[CARD 80]
`[CARDSM
`
`Page 24 of 125
`
`Page 24 of 125
`
`

`
`J I) Fole}
`Editor
`
`Graphics and
`Image Pl'OC£.‘I-Slilg
`The Ke stroke-Level
`Model or User
`Performance _T1me
`with Interacttve
`Systems
`
`Stuart K. Card and Thomas P. Moran
`Xerox Palo Alto Research C enter
`
`Allen Newcll
`
`Carnegie-Mellon University
`
`There are several aspects 0! user-computer
`performance that system designers should
`syslemati-ca.ll3' consider. This article proposu a simple
`model. the I{eystroke~Level Model. for predicting one
`aspect of performance: the time it takes an expert user
`to perform a given task on a given computer system.
`The mode! is based on counting keystrokes and other
`low-level operations.
`the user's menial
`preparations and the system's responses. Perfornxance
`iscodedintenrtsoftheseosterativuns undoperator
`fines summed to give predictions. Heuristic rules are
`given for predicting where mental preparations occur.
`When tested against an an to difierent systems. um
`model‘; preuiictim error is 21 percent for -mdivwal
`tasks. An examle is given to ilinstntehstflv the model
`canbeusedteprofiacepanmetricpredictiosnsandhow
`sensitititj‘ analysis can be used to redeem conclusions
`in the face at uncertain usumptions. Finally. the model
`is compared to several simpler versiaus. The potential
`role {or the !l'.eyst;rok¢-Level Model in system design is
`discussed.
`
`Key Words and Phrases: lamina-cornputer in-terlace.
`human-cuter interaction. user model. user
`performance. contrive psychology. ergonomics, human
`factors. systems design
`CR Categories: 3.36. 4.& 8.1
`
`
`grants-cl prorated Lhatlhe copmaxznmmadaordssmbuwd for (lift-‘.1
`cummcrual advantage. the ACNE oopyngtzi some and the mic or the
`pubhcauonmdmxtau:appea:.andncIuuc isywtn that rat:-pywnguhy
`permumun of the hnocuatmn {or Cmnputmg Mm:lx1tIcI'y To copy
`ottmwssc. ur to icpubhill. mquiflts a In and /or spa.-at's: pcnnnasm
`&I.t§hm'I' ptucnl aidmacx SK. Card and TJ’. Mann. Xmn
`Colqaotalxnt. Palo Alto Rarearch I_'cnl.tt'.J3J3Ca1H3l¢ Hill Road. Palo
`Alto. (in 943414‘. A Naval]. D1:
`of Computer Science. Car-
`m:=gio~Mellm: Unrva-rut}. Piruburgb. PA 15213.
`@ l¢H3 RCA-I [KIM -fi782fBi}/U7'lfl-0396 51]}, 75
`
`356
`
`I. Introduction
`
`'|"hc design and cvalualmn ul‘ lt1l8l“it(.‘ll\rt: uvmptltcr
`.-qrstcms should take Into .-tccnunt the tutu! pcrllnm-.mcc
`nfthc mrtihincd user-contpulcr .~'_v:ucin_ Such an account
`would rcllccl
`the pS_\r‘l.IlIulL'>g|Céll ch;iractcri.stu;s of u:-err.
`and llltttf mtcractiun with the task and the computer.
`This rarely occurs in am; systematic and ¢.IpllL'll way.
`The causes nI' Ihts failure unay lie prmly lI'| attitude.-s
`toward the possibility uf dcalirtg succa;-a:2t'ttll3.' with pray-
`chological factors. such as lhr: belief that intuttiun. sub-
`jcctivc experience. and unccdotc furrn tht: only txmiblc
`bases for dealing with them Whatever run); be true ul‘
`these: more global issues. om: flllljfli cause is the absence
`of good analysis tools for as.-ecssing mmhmcd u.-scr-cum-
`putcr performance.
`There exists quite a bit of research relevant to the
`area of u:.er—cou1pulcI' performance. but most of it
`15
`prtliminary in nature. Pcw et al. [14], in a review oI”40
`potentially relevant human-system performance models.
`conclude “that integrative models of human performance
`compatible with the requirements for representing com-
`mand and control system performance do not exist at the
`present time." Ramsey and Atwood [IS]. after reviewing
`the human factors literature pertinent to comp

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket