UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________________________________________________________
`
`SONY MOBILE COMMUNICATIONS (USA) INC.
`Petitioner
`
`
`
`Patent No. 6,771,290
`Issue Date: Aug. 3, 2004
`Title: COMPUTER INTERFACE METHOD AND APPARATUS WITH
`PORTABLE NETWORK ORGANIZATION SYSTEM AND TARGETED
`ADVERTISING
`__________________________________________________________________
`
`EXHIBIT
`COMPARISON OF ’290 PATENT AND
`’010 PATENT SPECIFICATIONS
`
`No. IPR2014-00029
`__________________________________________________________________
`
`On the following pages, the specification of U.S. Pat. No. 6,771,290 (“the ’290
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`Patent”) is compared to the specification of U.S. Pat. No. 6,141,010 (“the ’010
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`Patent”). Blue text with a double underline appears in the ’290 Patent’s specification
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`but not the ’010 Patent’s specification. Red text in strikeout appears in the ’010
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`Patent’s specification but not the ’290 Patent’s specification.
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`TECHNICAL FIELD
`This invention relates in general to user interfaces for accessing computer
`applications and information resources and, in particular, to user interfaces
`that provide advertising obtained over a global computer network such as the
`Internet. This invention also relates to user interfaces for maintaining,
`organizing and communicating information accessible to a computer network
`such as the Internet and, in particular, to user interfaces that provide the
`user with availability to that information in a personalized manner.
`BACKGROUND OF THE INVENTION
`The continuing expansion of the Internet and other private and semi-private
`networks has led to the now widespread practice of electronic distribution
`of software to end users, whether as freeware, shareware, or fully paid-up
`licensed software. Traditionally, freeware programs have generally been
`small, unsupported single-purpose programs that are of limited use. Since no
`income was derived from these programs, there was little incentive for the
`creators of this type of software to undertake major development efforts. More
`recently, however, a new type of free software has emerged which, while free
`to end users, does provide income to the creator of the software via
`advertising incorporated into the software. This is of benefit both to the
`end user and advertiser, as the end user obtains useful software at no cost
`and the advertiser gets advertising exposure for its products or services.
`One well known example of this type of arrangement is in push technology
`products, such as Pointcast.TM., which permits a user to receive and display
`broadcasted information over the Internet. Using this software, new
`advertising is periodically received along with various requested types of
`news information (e.g., financial, business, sports) and is stored locally
`on the user's computer for later retrieval and display by the program.
`The new advertising medium provided by the Internet has a number of significant
`advantages for advertisers. First, the users of the software within which the
`advertising is placed have, on average, much more disposable income to spend
`on products and services than the average user of other traditional
`advertising media, such as television or print. Second, the advertising can,
`in some instances, be targeted in various ways, such as demographically or
`reactively. An example of the latter of these is in push technology where the
`user requests certain types of information and this request is used to select
`the type of advertisement sent to the user along with the requested content.
`Third, the advertising can not only include audio and video elements as well
`as simple visual elements, but can also be interactive. For example, by
`clicking on the advertisement, the user can be provided with additional
`information about the advertised products or services and can even be given
`the opportunity to purchase the products or services electronically.
`One of the most common methods of advertising via the Internet is through the
`use of links (e.g., uniform resource locators, known as URLs) embedded within
`web pages. By using embedded links, the advertisements need not be located
`on the same server as the web pages themselves. When the web page is loaded
`or reloaded, the advertising server is accessed to obtain a new advertisement
`which is incorporated into the web page displayed on the user's screen. These
`advertisements are simple graphical images (such as animated gifs) that are
`retrieved from the advertising server along with an associated link to
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`additional information about the advertised product or service. While this
`permits new advertising to be displayed each time a web page is loaded or
`refreshed, and while this allows geographically unlimited advertising, it at
`most permits targeting of the advertisement based upon the type of information
`contained in the web page. Moreover, access to a new advertisement is only
`available during the period of time that the client computer is connected to
`the Internet.
`Currently-available computer programs that incorporate advertising into
`their user interface include the necessary programming built into the software
`itself. That is, the various parameters relating to the presentation of the
`advertisement is pre-determined and programmed into the software. These
`parameters may include such things as where on the screen the advertisement
`is displayed, the display size, the duration of display, the number of times
`a particular advertisement is displayed, the conditions under which a
`particular advertisement is to be displayed, the type of action taken upon
`a user clicking on the advertisement, and so forth. One problem with these
`currently available programs is that these parameters can only be changed by
`replacement of the entire program with an updated, revised version, making
`it difficult to respond to desired changes in advertising approaches.
`To provide demographically-targeted advertising, the advertiser or
`distributor of the advertising must obtain demographic data on its end users.
`Perhaps the most common way to acquire demographic data regarding users via
`the Internet is to request the information using a form written in html
`(HyperText Markup Language) and provided to the user over the World-Wide Web
`(WWW) using http (HyperText Transfer Protocol). This is sometimes done as a
`prerequisite to allowing the user access to information resources or download
`software from a particular web site. While authentication of demographic
`information obtained this way is difficult and rarely done, it has been found
`that end users typically provide accurate demographic data in return for free
`download access to software. Furthermore, studies have shown that while people
`are concerned about privacy issues and, in particular, do not wish to provide
`specific information that identifies them (such as their name, address, or
`Social Security number), they generally do not mind providing demographic
`information, nor do they mind monitoring of their computer usage as long as
`their usage is not associated with any specific information that could be used
`to identify them.
`Various other arrangements have been suggested for obtaining and reporting
`information about an end user over a computer network such as the Internet.
`For example, U.S. Pat. No. 5,724,521 to Dedrick discloses an electronic
`advertising system in which a user profile is created and transferred to a
`metering server where it is used along with other end user profiles to charge
`advertiser's according to a consumer scale. The profile data is also used by
`the metering server to select advertisement titles that are sent to the end
`user for viewing at the request of the end user. When a user requests an
`advertisement, the metering server sends the advertisement to the end user,
`charges the advertiser, and provides the advertiser with profile data on that
`end user. The system can include client-side software which acquires and
`compiles information concerning the user's interaction with the advertising
`or other content provided by the metering server.
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`U.S. Pat. No. 5,732,218 to Bland et al. discloses a system for gathering data
`concerning an end-user's access to information resources and reporting the
`data back to the servers that contain the information resources. Data
`gathering at the client is accomplished using an applet, plug-in, or other
`browser extension that acquires the data and then reports that data to those
`servers accessed by the client, either periodically or in response to a
`specific request by the servers. In this way, the servers being accessed for
`their information resources get reported back to them information concerning
`the end-user's use of that information. Limited demographic information
`(e.g., time zone, locale, client hardware) can be included in this reporting
`as well.
`One of the disadvantages of prior art systems that acquire data regarding an
`end-user's computer usage is that they are generally limited to gathering
`information concerning only certain limited uses of the computer. For example,
`in Bland et al., the focus of the gathering and use of end-user data is in
`the user's interaction with web pages, whether over the Internet or otherwise.
`Similarly, in Dedrick, the compilation of data is directed to interaction
`between the end-user and the advertising or other content provided by the
`metering server itself. By limiting the reported data in this manner, it is
`difficult to develop accurate profiles for the individual users that are
`useful in targeting the advertising.
`U.S. Pat. No. 5,347,632 to Filepp et al. discloses a reception system in which
`both user demographics and individual system usage information can be used
`to target advertising. However, this information is used to select which
`advertisements are to be placed into an advertisement queue from which
`advertisements are then accessed, apparently in the order in which they were
`placed in the queue. Thus, this system permits targeting of advertising
`generally, but does not provide real time targeting of advertising based upon
`user actions.
`Internet users typically employ browser applications and related technologies
`in order to access the WWW; and to locate and view files, documents and
`audio/video clips. Exemplary browser applications include Opera by Opera
`Software, Netscape Navigator, Netscape Communicator 4.6 and Microsoft
`Internet Explorer 5.0. Browser applications are loaded onto a user's computer,
`and then can be used for communication over networks using protocols such as
`that utilized by the WWW. Browsers are useful for accessing desired files and
`web sites, and also have the capability of storing information regarding
`visited or favorite web sites on the user's computer. However, it has been
`common practice for browsers to be employed by the user for fairly limited
`purposes, such as for accessing information. Certain applications, such as
`Windows NT 4.0, allow a user to receive and store electronic information on
`a limited network system. However, the usefulness and flexibility of such
`systems are severely limited, because each browser installation traditionally
`has been independent of other browser installations to which a user has access.
`Thus, information within one browser is not easily transportable to the other
`browser.
`Except as may be explicitly indicated otherwise, the following definitions
`shall apply: browser--A program that can communicate over a network using http
`or another protocol and that can display html information and other digital
`information. client computer--A computer that is connected to a network
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`(including computers that are connected only occasionally to the network such
`as, for example, by a modem and telephone line) and that can be used to send
`requests for information to other computers over the network. computer--An
`apparatus having a processing device that is capable of executing
`instructions, including devices such as personal computers, laptop computers,
`and personal digital assistants, as well as set top television boxes,
`televisions, radios, portable telephones, and other such devices having a
`processing capability. computer usage information--Data concerning a
`person's use of a computer, including such things as what programs they run,
`what information resources they access, what time of day or days of the week
`they use the computer, and so forth. data set--A group of data items; for
`example, links, keywords, or entries in an address book. display object--Data
`capable of display by a computer, including graphical images as well as
`multimedia presentations or other display data that includes audio in addition
`to visually-perceived data. file--Any digital item, including information,
`documents, applications, audio/video components, and the like, that is stored
`in memory and is accessible via a file allocation table or other pointing or
`indexing structure. graphical image--Visually-perceived data stored in a
`graphic format (e.g., jpeg, gif, bmp, tiff, pcx, etc.), including
`electronically-reproduced photographs, graphics, animations, icons, and
`textual messages. information resource--A source of information stored on a
`server or other computer that is accessible to other computers over a network.
`keyword--A textual data item used in locating related sources of information.
`link--A data item that identifies the location or address of a program or
`information resource. A URL is a link, as is a path and filename of an
`information resource. network--A system having at least two computers in
`communicable connection, including intranets, personal networks, virtual
`private networks, and global public networks such as the Internet.
`non-volatile data storage device--A memory device that retains
`computer-readable data or programming code in the absence of
`externally-supplied power, including such things as a hard disk or a floppy
`disk, a compact disk read-only memory (CDROM), digital versatile disk (DVD),
`magneto-optical disk, and so forth. profile--User-specific information
`relating to an individual using a computer. program component--A set of
`instructions stored in a file in computer-readable format, whether as object
`code or source code, and whether written in a compiled language, in byte code
`(such as Java.TM.), or in a scripting or other interpreted language. program
`module --One or more related program components. program--One or more related
`program modules. reactively--inIn response to some type of user input, such
`as a mouse click on a particular user application or on a link to an information
`resource. server--A computer on a network that stores information and that
`answers requests for information. software application--A program and
`associated libraries and other files; for example, a word processing
`application, a spreadsheet application, or a personal information management
`application.
`SUMMARY OF THE INVENTION
`In accordance with one aspect of the present invention there is provided an
`apparatus for use by a computer to provide a user of the computer with access
`to information resources via the Internet or otherwise. The apparatus
`comprises a non-volatile data storage device with first and second program
`modules stored on the non-volatile storage device. The first program module
`is operable upon execution to display a graphical user interface comprising
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`a window separated into a number of regions, with a first one of the regions
`including a number of user-selectable items, at least some of which are each
`associated with a different data set. The data sets are each representative
`of a different category of information (e.g., financial, news, sports, etc.)
`and each of the data sets comprise a number of user-selectable links to
`different information resources. For example, the data sets can be groups of
`related URLs, whereby the information resources comprise web pages accessible
`via the Internet. A second one of the regions comprises an information display
`region which can display such things as banner advertisements. The second
`program module is operable upon execution to select informational data to be
`displayed in the information display region. The first program module is
`operable in response to selection of a first one of the links to provide the
`user with access to its associated information resource and to notify the
`second program module of the selection of that first link. The second program
`module iscan be operable in response to notifications from the first program
`module to select the informational data to be displayed from among a larger
`amount of informational data, and the second program module iscan be further
`operable to store statistical data regarding the display of the selected
`informational data. This permits targeting of banner advertisements based
`upon the type of link (financial, news, sports, etc.) selected by the user,
`the software applications clicked on by the user, and other network accessible
`files accessed by the user.
`In addition, the apparatus further includes user specific maintenance and
`organization of that user's individual files and resources represented by the
`user-selectable links contained within the first program module, in order that
`an individual user can gain access to those files and resources from a computer
`having network access, or that multiple users can gain access to individual
`files stored on the same computer. Preferably, this is accomplished by storing
`a user profile and user library on a server connected to the network. Then,
`when a user runs the first program module, it identifies the user and connects
`to the server to access that user's profile and library, with the profile being
`used to specify that individual's user-selected links to be displayed in the
`first region and the library being used to store these individual files and
`resources that the user wishes to be able to access from anywhere on the
`network. Furthermore, either of the two program modules can be disabled, and
`instead of using both modules, the user can use either of the modules
`individually and independently.
`In accordance with another aspect of the invention, there is provided a
`computer-readable memory for use by a computer to provide a user of the
`computer with an automatically-upgradeable software application. The
`computer readable memory comprises a non-volatile data storage device and a
`program that is separated into a plurality of program modules that are stored
`on the non-volatile data storage device. Some or all of the program modules
`have at least one version identifier associated with them. One of the program
`modules is operable upon execution to access the stored version identifier(s)
`and at least one updated version identifier from a server via a network,
`including a global public network such as the Internet. These updated version
`identifier(s) represent updated program modules accessible from a server via
`the public network. This program module is further operable to download one
`or more updated program modules when the stored version identifier and the
`updated version identifier are different, with the updated program module(s)
`replacing one or more of the program modules. In this way, software upgrades
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`can be carried out automatically without any user action required. Also,
`upgrading can be accomplished without having to download and install the
`entire software package. Preferably, the computer-readable memory is such
`that software can be updated even if multiple users have access to individual
`files stored on the same computer. Such updated software can be provided for
`the computer itself, or for selected users of that computer.
`In accordance with another aspect of the present invention, there is provided
`a computer-readable memory for use by a computer that provides a software
`developer/distributor with an efficient mechanism for distributing software
`via a network. The computer readable memory comprises a non-volatile data
`storage device and a program that is separated into a plurality of program
`modules that are stored on the non-volatile data storage device. Some or all
`of the program modules have at least one version identifier associated with
`them. One of the program modules is operable upon execution to access the
`stored version identifier(s) and at least one updated version identifier from
`a server via a network, including a global public network such as the Internet.
`These updated version identifier(s) represent updated program modules
`accessible from a server via the network. This program module is further
`operable, if desired, to download one or more updated program modules when
`the stored version identifier and the updated version identifier are
`different, with the updated program module(s) replacing one or more of the
`program modules. In this way, software upgrades can be carried out, either
`as desired and requested or automatically without any user action required.
`Also, upgrading can be accomplished without having to download and install
`an entire software package. Preferably, the computer-readable memory is such
`that software can be updated even if different users have access to individual
`files stored on the same computer. Alternatively, rather than replacing its
`own program modules, the program can be operable to handle distribution and
`upgrading of a separate software application using version identifiers for
`the various modules of the software application. Also, rather than comparing
`version identifiers at the client computer, this comparison can be carried
`out at the server, with the necessary upgraded modules then being downloaded
`to the client computer. Thus, new software can be distributed to a user,
`software updates can be provided to a user (e.g., applications and anti-virus
`software), and software maintenance can be carried out. This, provides third
`party software developers/distributors with a distribution tool to
`distribute, upgrade, service and maintain their software.
`In accordance with another aspect of the invention, a method is provided for
`supplying demographically-targeted advertising to a computer user. For
`computer users who share a computer, each user is provided personalized,
`demographically-targeted advertising. The method includes the steps of:
`providing a server that is accessible via a computer network such as the
`Internet, permitting a computer user to access the server via the computer
`network, acquiring demographic information about the user (which includes
`information specifically provided by the user in response to a request for
`the demographic information, and also can include information gathered from
`computer usage information; and such information can be provided for each of
`a number of different users of the same computer), providing the user with
`download access to computer software that, when run on a computer, displays
`advertising content, records computer usage information concerning the user's
`utilization of the computer, and periodically requests additional advertising
`content, transferring a copy of the software to the computer in response to
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`a download request by the user, providing a unique identifier to the computer,
`with the identifier uniquely identifyingidentifing information sent over the
`computer network from the computer to the server, associating the unique
`identifier with demographic information in a database, selecting advertising
`content for transfer to the computer in accordance with the demographic
`information associated with the unique identifier, transferring the
`advertising content from the server to the computer for display by the program,
`periodically acquiring the unique identifier and the computer usage
`information recorded by the software from the computer via the computer
`network, and associating the computer usage information with the demographic
`information using the unique identifier.
`In accordance with yet another aspect of the invention, there is provided a
`computer-readable memory for use by a computer to provide a user of the
`computer with targeted information. The memory comprises a non-volatile data
`storage device and a program stored thereon. The program is operable upon
`execution to display a window containing an information display region. The
`program is also operable to select and display informational data (such as
`a banner advertisement) in the information display region. The informational
`data comprises a plurality of display objects with at least some of the display
`objects each having a data set associated therewith. The data sets each include
`one or more of the following data items: a category identifier that indicates
`a category of information to which the associated display object relates,
`wherein the program is operable in response to receiving user input relating
`to one of the categories of information to display in the information display
`region a display object having an associated category identifier that relates
`to that one category of information; a software application identifier that
`identifies a software application that may be accessible to the user via the
`computer, wherein the program is operable in response to user selection of
`the software application to display in the information display region a
`display object associated with the selected software application.
`These identifiers permit real time, reactively-targeted advertising since the
`program can respond to user interaction with the computer to determine whether
`the input relates to a particular category of information and, if so, can
`select advertising related to that category of information. In addition, these
`identifiers can work independently from, or in conjunction with, demographic
`information previously supplied by the user.
`The present invention, in yet another aspect, provides a computer-readable
`memory for presenting a user with an integrated, customized graphical user
`interface for use in conjunction with a network, such as the Internet. The
`computer-readable memory comprises a non-volatile data storage device and a
`program stored on the data storage device that is operable upon execution to
`display a graphical user interface that includes an application window
`separated into a number of regions. The first one of these regions includes
`a number of graphical objects such as icons, at least some of which are each
`representative of a different software application and are selectable by the
`user via an input device, with the program being operable upon selection of
`one of the graphical objects to initiate execution of the software application
`associated therewith. A second one of the regions includes a number of user
`selectable items such as icons, at least some of which are each associated
`with a different data set. The data sets are each representative of a different
`category of information and each of the data sets comprise a number of user
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`selectable links different information resources, such as URLs. The program
`includes a login module that is operable upon execution to identify the user
`of the computer and the computer is operable following execution of the login
`module to provide an identification of the user to the server and to thereafter
`receive from the server a user profile that contains one or more user data
`sets and user links to information resources. The program is then further
`operable to display in one of the regions a user selectable item for each of
`the user data sets and user links contained within the user profile. The user
`profile can contain other application set up and preference information. This
`provides the computer user with the ability to customize and manage computer
`applications, bookmarks, documents, files, and audio and video clips, all on
`any computer having network access. In addition, as the user employs the
`apparatus, that user's files can be automatically updated and loaded within
`that user's profile on the server. Furthermore, links to files at other
`locations (e.g., URLs) can be loaded within the user's profile. That profile
`is accessible to the user from any computer, regardless of computer, location
`or network access capability. Thus, access to files is controlled by the
`computer user; rather than that control being held by the user's computer.
`That is, the user can move from place to place, and from computer to computer,
`and still have access to an updated, personal profile. Thus, a very portable
`system allows for downloading and use of a wide variety of software related
`information from a wide number of locations and a wide number of devices.
`BRIEF DESCRIPTION OF THE DRAWINGS
`A preferred exemplary embodiment of the present invention will hereinafter
`be described in conjunction with the appended drawings, wherein like
`designations denote like elements, and:
`FIG. 1 is block diagram of a first embodiment of the invention depicting a
`client software application comprising two program modules located on a
`computer connected to a server by way of the Internet;
`FIG. 2 is a block diagram of second embodiment that is a modified form of the
`that shown in FIG. 1;
`FIG. 3 is a block diagram depicting further details regarding use of the server
`shown in FIG. 1;
`FIG. 4 is a block diagram of a third embodiment of the invention depicting
`a client software application broken into a number of modules including a
`builder module responsible for upgrading and addition of any of the program
`modules;
`FIG. 5 is an exemplary view of the graphical user interface (GUI) generated
`by the client software application of FIG. 4;
`FIGFIGS. 5a is an-5c are exemplary viewviews of a bookmark category window
`generated by the client software application of FIG. 4;
`FIG. 6 is block diagram that provides additional detail regarding the client
`software application depicted in FIG. 4;
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`FIG. 7 depicts the structure of the banner database used by the client software
`application of FIG. 4;
`FIG. 8 depicts a method for providing access to the client software application
`and for obtaining and utilizing demographic information regarding users of
`the software application;
`FIG. 9 is a flow chart of the portion of the client software application of
`FIG. 4 that handles user login as well as acquisition of demographic
`information for new users of the application;
`FIG. 10 is a flow chart depicting an overview of the core operation of the
`client software application of FIG. 4;
`FIG. 11 is a flow chart of the processing of user input that is carried out
`by the client software application of FIG. 4;
`FIG. 12 is a flow chart of the processing of key events that is carried out
`by the client software application of FIG. 4;
`FIG. 13 is a flow chart of the process used by the builder module of FIG. 4
`to upgrade different program modules or components used in the client software
`application; and
`FIG. 14 is a flow chart of a alternative process that can be used by the builder
`module of FIG. 4 to upgrade program modules or components used in the client
`software application; and
`FIG. 15 is block diagram of an embodiment of the invention depicting a server
`that includes several database services program modules and that is accessible
`by a client computer via the Internet.
`DESCRIPTION OF THE PREFERRED EMBODIMENTS
`Referring first to FIG. 1, there is shown an overview of a client software
`application 10 comprising a graphical user interface (GUI) program module 12
`and an advertising and data management (ADM) program module 14. Working
`together, these program modules act as a single software application that
`provides the computer user with a fully integrated interface to the other
`software applications loaded on the user's computer 18, as well as to
`information resources located on a private or public network, such as the
`Internet 20. Client application 10 may also include other executables, support
`files, and libraries that are used by program modules 12 and 14. In general,
`GUI module 12 contains the basic programming necessary to provide a user
`interface to the computer's software applications and operating system (e.g.,
`WindowsWmdows98 or WindowsNT), while ADM module 14 provides the basic
`management of the display and refreshing of advertising as well as the
`acquisition a