throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re patent of Ullman et al.
`
`U.S. Patent No. 7,409,43 7
`
`Issued: Aug. 5, 2008
`
`Title: ENHANCED VIDEO
`PROGRAMMING SYSTEM
`
`AND METHOD FOR
`
`INCORPORATING AND
`
`DISPLAYING RETRIEVED
`
`INTEGRATED INTERNET
`
`INFORMATION SEGMENTS
`
`#40’:
`
`~‘aO'3~‘aO'3~‘a0'3~‘a0'i~‘a0'3~‘a0'3~‘a0'3~‘40'3~‘40'3~‘40'3
`
`Petition for Inter Parres Review
`
`Attorney Docket No.: 50796.1
`
`Customer No.:
`
`27683
`
`Real Party in Interest: Netflix, Inc.
`
`Declaration of Richard Kramer
`
`Under 37 C.F.R.
`
`1.68
`
`1, Richard Kramer, declare:
`
`1.
`
`I am making this declaration at the request of Netflix, Inc. in the
`
`matter of the Inter Partes Review of U.S. Patent No. 7,409,437 (“the ’437 Patent”)
`
`to Ullman et al.
`
`2.
`
`I am being compensated for my work in this matter. My compensation
`
`in no way depends upon the outcome of this proceeding.
`
`3.
`
`In the preparation of this declaration, I have studied:
`
`(1)
`
`The ’437 Patent, NTFX—l00l;
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`—l—
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`NTFX— l 003
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`(2)
`
`The prosecution history of the ’437 Patent, NTFX— l 002;
`
`(3)
`
`U.S. Patent No. 5,933,8l l (“Throckmorton”), NTFX—l004;
`
`(4)
`
`U.S. Patent No. 5,1 13,259 (“Romesburg”), NTFX—l005;
`
`(5)
`
`U.S. Patent No. 5,724,103 (“Batchelor”), NTFX— l 006;
`
`(6)
`
`U.S. Patent No. 5,905,865 (“Palmer”), NTFX— l 007;
`
`(7)
`
`U.S. Provisional Patent Application Serial No. 60/008,1 l l (“Palmer
`
`Application”), NTFX— l 008;
`
`(3)
`
`Webster’s New World Dictionary of Computer Terms, pg. 20, NTFX—
`
`1009.
`
`In forming the opinions expressed below, I have considered:
`
`(1)
`
`The documents listed above,
`
`(2)
`
`The relevant legal standards, including the standard for obviousness
`
`provided in KSR International Co. v. Teleflex, Inc., 550 U.S. 398 (2007), and
`
`(3) My knowledge and experience based upon my work in this area, as
`
`described below.
`
`Qualifications and Professional Experience
`
`5.
`
`My qualifications are set forth in my curriculum vitae, a copy of
`
`which is attached as an exhibit to this declaration. As set forth in my curriculum
`
`-2-
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`vitae:
`
`6.
`
`I received a Bachelor’s of Science degree in Electrical Engineering
`
`from the University of Toledo in 1984.
`
`I have over 29 years of experience
`
`successfully developing and launching commercially—implemented software and
`
`hardware products and systems, including 18 yeais in the video industry
`
`developing commercially successful products related to subscriber television
`
`systems, IP networking, cable and satellite TV systems and equipment, cable TV
`
`set—top boxes, remote controls, video networking, software, and other technologies
`
`relevant to the subject matter of the '43? Patent. The cable TV video, video
`
`surveillance and IP network video products and systems that I have developed
`
`have been successfully launched under respected brands such as General Electric
`
`and Scientific—Atlanta (now Cisco). My experience also included the development
`
`of new technologies within pioneering high—tech start—up companies like Ivex
`
`Corporation (acquired in 2001 by Axcess, lnc.), where we developed one of the
`
`first IP network Video Streaming Appliances (called the “VSA”) for the video
`
`surveillance industry.
`
`I hold two patents.
`
`7.
`
`In the 1990s, I was the engineering/technology leader for cable TV
`
`set—top boxes in North America for Scientific—Atlanta, Inc. (prior to being acquired
`
`by Cisco Systems, Inc.).
`
`I was responsible for all set—top devices for the Advance
`
`Video Systems group. My group and the people that reported to me developed and
`
`-3-
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`NTFX— I 003
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`successfully launched Scientific—Atlanta’s first internally designed set—top (also
`
`called HCTs which means Home Communication Terminals). The sales volumes
`
`of the products we developed exceeded 1 million units per year. The position
`
`required me to be astute to each facet of the cable system technology and the
`
`overall system.
`
`I was later promoted and served as the top technology leader on
`
`the Strategic Planning Team for the “Advanced Video Systems” Division. There I
`
`worked on the next generation advanced video products.
`
`In this role, each of the
`
`functional technology areas including firmware, hardware, system software and
`
`headend equipment reported to me in a dotted line matrix/cross—functional
`
`organizational structure for the development of our next generation of products.
`
`8.
`
`In 2001, I joined and served as Vice President of Product
`
`Development at Miraxis Corporation (a division of EMS Technologies, Inc., now
`
`Honeywell, Inc.) developing IP network and digital video solutions in the satellite
`
`industry. At Miraxis, we were focused on the design of an entirely new DBS/DTH
`
`(Direct Broadcast Satellite/Direct to Home) television and multimedia solution.
`
`Overall, Miraxis was responsible for the design of the satellite payload, the
`
`associated ground based systems, and the CPE (Customer Premise Equipment). As
`
`the Vice President of Product Development, I was responsible for all aspects of the
`
`system solution; I was immersed in the leading—edge state of the industry.
`
`In fact,
`
`we were one of only a handful of companies that received a newly allowed Ka-
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`—4—
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`
`Band satellite license. The new Ka—Band frequency spectrum opened significant
`
`new opportunities for providing entertainment content to homes across America.
`
`9.
`
`In summary, l have a deep familiarity with subscriber television
`
`systems, including first—hand experience at the relevant time of the '43? Patent
`
`invention and before.
`
`10.
`
`I am familiar with the knowledge and capabilities of one of ordinary
`
`skill in the software/hardware engineering and, specifically, the interactive
`
`television field in the 1990s. Specifically, my extensive experience (1) in the
`
`industry and (2) with engineers practicing in the industry allowed me to become
`
`personally familiar with the level of skill of individuals and the general state of the
`
`art. Unless otherwise stated, my testimony below refers to the knowledge of one of
`
`ordinary skill in the interactive television field during the 1996, the year in which
`
`the parent application for the ’437 patent was filed.
`
`11.
`
`In my opinion, the level of ordinary skill in the art needed to have the
`
`capability of understanding the scientific and engineering principles applicable to
`
`the ’437 Patent is (i) a B.S. degree in Electrical Engineering or equivalent training,
`
`and (ii) approximately three years of direct experience in developing subscriber
`
`television solutions and technologies. Relevant industry experience would include
`
`experience with interactive television system development and deployment,
`
`including development of head—end, transport, and customer premise equipment in
`
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`order to appreciate what was obvious and/or anticipated in the industry and what a
`
`person having ordinary skill in the art would have thought at the time.
`
`Relevant Legal Standards
`
`12.
`
`I have been asked to provide my opinions regarding whether the
`
`claims 1-4 of the ’437 Patent are anticipated or would have been obvious to a
`
`person having ordinary skill in the art at the time of the alleged invention, in light
`
`of the prior art. It is my understanding that, to anticipate a claim under 35 U.S.C. §
`
`102, a reference must teach every element of the claim. Further, it is my
`
`understanding that a claimed invention is unpatentable under 35 U.S.C. § 103 if the
`
`differences between the invention and the prior art are such that the subject matter
`
`as a whole would have been obvious at the time the invention was made to a
`
`person having ordinary skill in the art to which the subject matter pertains. I also
`
`understand that the obviousness analysis takes into account factual inquiries
`
`including the level of ordinary skill in the art, the scope and content of the prior art,
`
`and the differences between the prior art and the claimed subject matter.
`
`13.
`
`It is my understanding that the Supreme Court has recognized several
`
`rationales for combining references or modifying a reference to show obviousness
`
`of claimed subject matter. Some of these rationales include the following:
`
`combining prior art elements according to known methods to yield predictable
`
`results; simple substitution of one known element for another to obtain predictable
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`results; use of a known technique to improve a similar device (method, or product)
`
`in the same way; applying a known technique to a known device (method, or
`
`product) ready for improvement to yield predictable results; choosing from a finite
`
`number of identified, predictable solutions, with a reasonable expectation of
`
`success; and some teaching, suggestion, or motivation in the prior art that would
`
`have led one of ordinary skill to modify the prior art reference or to combine prior
`
`art reference teachings to arrive at the claimed invention.
`
`14.
`
`It is my understanding that some claims can be interpreted as “means
`
`plus function” claims under 35 U.S.C. § 1 12, paragraph 6.
`
`I understand that
`
`determining the broadest reasonable interpretation of “means plus function”
`
`claims requires first, defining the particular function of the limitation and second,
`
`identifying the corresponding structure for that function in the specification.
`
`I also
`
`understand that structure disclosed in the specification is corresponding structure
`
`only if the specification or prosecution history clearly links or associates that
`
`structure to the function recited in the claim.
`
`Background Of ’437 Patent
`
`15.
`
`The ’437 Patent describes a system for displaying video programming
`
`and online information, where the online information is retrieved via an address
`
`embedded in the video programming signal. (NTFX— l 001, Abstract).
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`16.
`
`Claim 4 provides a basic overview of the teachings of the ’437 Patent:
`
`4. A system for receiving a programming signal containing an
`
`embedded address, the address identifying a source of at least one online
`
`information segment related to the programming signal, the system
`
`comprising:
`
`a receiver for receiving a programming signal and the embedded
`
`address, the address identifying the source of the online information segment
`
`which relates to the programming signal;
`
`an address extractor which extracts the address from the programming
`
`signal;
`
`a web browser;
`
`a processor which automatically directs the web browser to establish a
`
`communications link with the online information source identified by the
`
`address, whereby the processor retrieves the online information segment
`
`from the online information source via the communications link; and
`
`a display monitor for presenting the programming signal, comprising
`
`a video signal or an audio signal, concurrently with the online information
`
`segment;
`
`wherein the programming signal comprises the video signal and the
`
`video signal and the online information segment are presented on the display
`
`monitor.
`
`17.
`
`In general, the ’437 Patent describes a “receiver station,” such as a
`
`“standard computer workstation.” (N TFX—l00 l , 5:39-43). The receiver station is
`
`“connected to either a cable and/or broadcast television connection.” (NTFX— 1001,
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`-8-
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`NTFX— l 003
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`5:43-44). In addition, the receiver station has a connection to the Internet. (NTFX-
`
`l00l, 5:50-53).
`
`18.
`
`In one embodiment, as the computer is receiving a television video
`
`signal with a vertical blanking interval (VBI), “eight fields of line 21 of the VBI
`
`are used to deliver the relevant Internet Web page addresses to the PC.” (NTFX-
`
`l00 l , 3:43-45). The Web pages associated with addresses “correspond to the video
`
`presentation.” (NTFX-1001, 4:58-61).
`
`19.
`
`A “local URL decoder 12 receives the cable video television
`
`program” and “extracts the URLs, preferably embedded in the vertical blanking
`
`interval, with the use of any conventional VBI decoder device.” (NTFX-1001,
`
`5:58-62). Once the URLs are extracted from the VBI, client software “directs the
`
`JAVA enable browser 98 to retrieve the particular relevant Web pages.” (NTFX-
`
`1001, 7:34-55). The retrieved infonnation can then be displayed while the viewer
`
`is watching the television program. (NTFX-1001, 8:41-56). “[F]or example, while
`
`the viewer is watching the music video, biographical infonnation on the band can
`
`also be displayed adjacently to the video window.” (NTFX-1001, 8:51-53).
`
`20.
`
`The general operation of the ’437 Patent is shown in Fig. l:
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`NTFX- l 003
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`CONTENT
`CREATION
`
`
`
`SUB-CFHBER SITE
`
`
`
`12
`
` LOCAL
`PERSONAL
`COMPUTER
`
`21.
`
`The ’437 Patent issued on August 5, 2008, from U.S. Patent
`
`Application No. 10/299,335 (“the ‘335 application”) filed on November 18, 2002,
`
`by Craig Ullman, Jack D. Hidary, and Nova T. Spivack. The ’437 Patent is
`
`purportedly a continuation of U.S. Application Ser. No. 09/998,590, filed Nov. 16,
`
`2001, now abandoned, which is a continuation of U.S. Application Ser. No.
`
`09/633,351 filed Aug. 4, 2000, now abandoned, which is a continuation of U.S.
`
`Application Ser. No. 09/472,385 filed Dec. 23, 1999, now abandoned, which is a
`
`continuation of U.S. Patent No. 6,018,768, which is a continuation—in—part of U.S.
`
`Patent No. 5,778,181 filed on March 14, 1996, which, in turn, is a continuation—in-
`
`part of U.S. Patent Application No. 08/613,144 filed on March 8, 1996, now
`
`abandoned.
`
`22. During prosecution, the Examiner rejected the independent claims of
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`the ’437 Patent over U.S. Patent No. 5,905,865 to Palmer, while objecting to four
`
`dependent claims.
`
`In response, Patent Owner did not attempt to overcome Palmer
`
`and instead rewrote the four dependent claims to incorporate all of the limitations
`
`of the rejected independent claims. Accordingly, the Patent Office has already
`
`determined that Palmer discloses all of the limitations of each of the claims of the
`
`’437 patent, except for the limitations reciting various display formats previously
`
`found in the dependent claims. For example, the sole alleged novel feature of
`
`claim 4 is the limitation reciting “wherein the programming signal comprises the
`
`video signal and the video signal and the online information segment are presented
`
`on the display monitor.” However, as I show below in claim chart elements [l.6],
`
`[2.6], [3,6] and [4.6], the display formats upon which allowance was granted were
`
`previously disclosed in prior art references.
`
`Claim Construction
`
`23.
`
`It is my understanding that in order to properly evaluate the ’437
`
`Patent, the terms of the claims must first be interpreted. It is my understanding that
`
`the claims are to be given their broadest reasonable interpretation in light of the
`
`specification. It is my further understanding that claim terms are given their
`
`ordinary and accustomed meaning as would be understood by one of ordinary skill
`
`in the art, unless the inventor has set forth a special meaning for a term.
`
`24.
`
`In order to construe the following claim terms, I have reviewed the
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`entirety of the ’437 Patent, as well as its prosecution history. Any claim term not
`
`construed below should be given its ordinary and customary meaning.
`
`“a grocessor which automatically directs the web browser to establish a
`
`communications link with the online information source”
`
`25.
`
`The claim term “a processor which automatically directs the web
`
`browser to establish a communications link with the online information source” is
`
`found in claims 1-4.
`
`26.
`
`The specification does not provide any specific definition for “a
`
`processor which automatically directs the web browser to establish a
`
`communications link with the online infonnation source.”
`
`27.
`
`The specification does, however, state that the “system then directs
`
`the particular Web browser to retrieve the identified Web pages from the lntemet.”
`
`(NTFX—l00l, 3:46-47). Further, the specification states that the “client software
`
`106 retrieves URLs from the video program
`
`and directs the JAVA enabled
`
`browser 98 to retrieve the particular relevant Web pages 102.” (NTFX—l00l, 7:48-
`
`54).
`
`28. With respect to “automatically directs,” the specification provides no
`
`definition or description for automatically directing a web browser.
`
`In Webster’s
`
`New World Dictionary of Computer Terms, “automatic” is defined as “pertaining
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`—l2—
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`
`to a process or device that, under specified conditions, functions without
`
`intervention by a human operator.” (NTFX— l 009, pg. 20).
`
`It my opinion that
`
`“automatically directs” in the context of this claim language, means that the
`
`specific act of directing the web browser occurs without human intervention. The
`
`claim does not place any limits on human intervention before or after the processor
`
`directing of the web browser.
`
`29.
`
`It is therefore my opinion that a person of ordinary skill in the art
`
`would understand the broadest reasonable interpretation of “a processor which
`
`automatically directs the web browser to establish a communications link with the
`
`online infonnation source” in View of the specification and file history to include at
`
`least: a processor which directs the web browser to establish a communications
`
`link with the online information source, where the act ofdirecting occurs without
`
`human intervention.
`
`Challenge #1: Claim 1 is obvious over Throckmorton in view of
`
`Romesburg
`
`30.
`
`Throckmorton and Romesburg render obvious each and every element
`
`of at least claim 1 of the '43? Patent.
`
`31.
`
`Throckmorton teaches two systems: a one—way communication
`
`system and a two—way communication system.
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`32.
`
`In Throckmorton, “broadcasting and entertainment industries” create a
`
`“stream of data” containing “live or pre—recorded information.” The live or pre-
`
`recorded information is delivered to consumers over broadcast television. (NTFX—
`
`1004, 3:36-45).
`
`33.
`
`The stream of data contains two data streams: the “primary data
`
`stream” and the “associated data stream.” In the one—way communication system
`
`of Throckmorton, the associated data stream contains “World Wide Web pages,
`
`closed captioning, stock quotes, sports scores, [and] control commands.” (NTFX—
`
`l004, 6:60-63 ).
`
`In the two—way communication system of Throckmorton, the
`
`associated data stream could include “references such as unifonn resource
`
`locations (‘URL’) which are WWW page references.” (NTFX—l004, 9:2—5).
`
`34. At a consumer's location, Throckmorton’s system includes
`
`“equipment to receive the primary and associated data streams.” (NTFX— l 004, 6:4-
`
`8).
`
`In one embodiment, the equipment includes a personal computer with a
`
`“receiver for receiving the primary data stream and a receiver for receiving the
`
`associated data,” where the receivers “may be the same unit.” (NTFX—l004, 2:64-
`
`67). The receiver “could be a personal computer add—in adapter board, a television
`
`or radio broadcast receiver, a cable television converter box or it could be a
`
`satellite receiver for digital broadcast.” (NTFX— l 004, 628-1 1). Additionally, the
`
`receiver “could be part of a standard television.” (NTFX—l004, 6:19-20).
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`35.
`
`The two streams of data are transmitted to the consumer equipment.
`
`Throckmorton describes that “the primary data stream could be delivered by
`
`broadcast television and the associated data could be delivered over a high speed
`
`digital network.” (NTFX- l 004, 4: l -20).
`
`36. When the delivered data reaches the receiver, the receiver “decodes
`
`the signal, separates the primary data from the associated data and passes the
`
`associated data on to the processor.” (N TFX-1004, 4:21-25).
`
`37.
`
`The viewer may interact with the received associated data (which
`
`could be a WWW page or a URL to a WWW page) with a keyboard and mouse.
`
`(NTFX-1004, 4:27-30). For instance, when a user clicks on a URL, the system
`
`“connects to and retrieves the referenced information from the appropriate source,’
`
`1
`
`which may be viewed in a “Web Browser.” (NTFX-1004, 9: l -14; 7:42-45).
`
`38. Additionally, Throckmorton teaches that the delivered data “could be
`
`interactively displayed and manipulated by consumers.” (N TFX-1004, 1:59-67).
`
`Further, the “consumer receives and has access to the relevant data during the
`
`process of program reception. Therefore the data becomes an integral part of the
`
`experience desired by the program producers.” (NTFX-1004, 1:59-67).
`
`39.
`
`Even though Throckmorton discloses two communication systems, a
`
`one-way communication system and a two-way communication system, it is my
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`opinion that a person of ordinary skill in the art, when reading Throckmorton
`
`would be motivated to combine the features of the two systems for a number of
`
`reasons. For example, the combination amounts to simply combining elements
`
`contained in the same reference in precisely the manner described in the reference.
`
`Combining the retrieving—intemet—infonnation—using—a—URL as described in the
`
`two—way embodiment, with the known method of displaying a web page
`
`simultaneously with a video program as described in the one—way embodiment,
`
`yields the predictable result of displaying a web page retrieved with a URL
`
`simultaneously with a video program. This result is predictable because
`
`Throckmorton specifically teaches such a result.
`
`40.
`
`This implementation of the teachings of Throckmorton would be
`
`desirable because it would allow the user to have direct access to relevant online
`
`infonnation during the program reception without the need for changing screens.
`
`Throckmorton specifically provides a motivation to make this combination,
`
`because it was desirable to make an experience for viewers that integrated data
`
`with television program reception.
`
`4].
`
`Further, a person of ordinary skill in the art would have modified
`
`Throckmorton in view of Romesburg for a number of reasons. For example, the
`
`combination amounts to the use of a known technique to improve similar devices
`
`in the same way.
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`42. As already discussed, Throckmorton teaches displaying a television
`
`signal and online information on a display monitor. (See supra, W 32-3 8).
`
`43. As shown by the teachings of Romesburg, it was known by persons of
`
`ordinary skill in the art at the time of the invention of the ’437 patent to display a
`
`video signal concurrently with information received from remote, networked
`
`computers in a picture—in—picture format. Romesburg further notes that:
`
`“Many modern television receivers have picture—in—picture (PIP, or
`
`PlX—lN—PlX) capability, that is, the capability to receive video signals
`
`from two different sources and combine them to produce a signal
`
`which when displayed includes a first program in a main viewing
`
`area, and a second program in a secondary (inset) viewing area of the
`
`same display screen.” NTFX—l005, 1:38-44.
`
`44.
`
`From my experience at the time in the industry, picture—in—picture,
`
`separate/split screens, overlay displays, and the rendering of windows including
`
`video on PCs were common place in the industry. One of ordinary skill in the art
`
`would have therefore modified Throckmorton’s display monitor so that it
`
`displayed the primary data stream (e.g., a television signal) in a main viewing area
`
`and displayed the online information retrieved via the URL/pointer in a secondary
`
`(inset) viewing area of the same display screen (i.e., in a picture—in—picture format).
`
`This modification would have yielded the predictable and desirable result of the
`
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`users of Throckmorton’s system being able to concurrently View online
`
`information related to the main video signal without the main video signal being
`
`completely obscured.
`
`45.
`
`It is therefore my opinion that a person of ordinary skill in the art
`
`would find that Throckmorton in View of Romesburg renders obvious each and
`
`every element of at least claim 1.
`
`46.
`
`The following claim chart describes how Throckmorton in view of
`
`Romesburg renders obvious each and every element of at least claim 1.
`
`Claim 1
`
`[l.0] A system
`for receiving a
`programming
`signal
`containing an
`embedded
`address, the
`address
`
`identifying a
`source of at
`
`least one online
`
`information
`
`segment related
`to the
`
`programming
`signal, the
`
`system
`comprising
`
`[l.0] “A systemfor receiving a programming signal
`containing an embedded address, the address identifying a
`source of at least one online information segment related to
`the programming signal”
`
`First, Throckmorton teaches a system for creating and
`receiving a programming signal containing associated data such
`as an embedded address:
`
`“This system includes a creation unit for creating the primary
`data stream and the associated data. .
`.
`. At the consumer
`
`location, the system includes a receiver for receiving the
`primary data stream and a receiver for receiving the associated
`data. These may be the same unit. NTFX—l004, 2:60-67
`(emphasis added).
`
`“[T]he system includes a personal computer capable of
`receiving the television program and storing the associated data
`locally.” NTFX— l 004, Abstract.
`
`“In the case of television, the associated data is encoded in the
`
`—l 8-
`
`NTFX— l 003
`
`

`
`VB] of the television signal.” NTFX—l004, 7:63-65 (emphasis
`added).
`
`“|A |ssociated data may consist of references such as uniform
`resource locations 1 ‘URL’) which are WWW page references.”
`NTFX—l004, 9:3—5 (emphasis added).
`
`Second, Throckmorton teaches that the addresses received in
`
`the associated data identify sources of online information
`segments related to the programming signal:
`
`“Additional interactivity may be achieved by adding an actual
`two way communication channel to the personal computer so
`that online services or the lntemet may be accessed. This two
`way communication channel is made particularly e1‘Tective if
`the associated data contains ointers to locations in the online
`
`
`
`services or the lntemet which are articularl
`
`relevant to the
`
`television program.” NTFX—l004, Abstract (emphasis added).
`
`Fig. 4 of Throckmorton, as annotated below, illustrates
`Throckmorton’s system:
`
`Receive video programming
`with addresses of web sites
`
`'['ra1:1.~'n1lItcr
`
`r
`
`.-\ .\11'1lL'l ".11 rd
`Dulu
`Generation
`
`1* _ill
`
`'l'I.w—\\'a_\
`Comm Cliunnrl
`
`*— J6
`
`Obtain online info related to
`
`programming using addresses
`
`A . _ . _ _ _ _ _ __
`
`
`
`NTFX—l004, Fig. 4 (annotated).
`
`—l 9-
`
`NTFX— l 003
`
`
`
`
`
`

`
`[l.l] a receiver
`for receiving a
`programming
`signal and the
`embedded
`
`address, the
`
`address
`
`identifying the
`source of the
`
`online
`
`information
`
`segment which
`relates to the
`
`programming
`signal;
`
`Thus, the system for receiving television programming
`containing an embedded URL that identifies WWW pages
`relevant to the television programming, as taught by
`Throckmorton, discloses “a system for receiving a
`programming signal containing an embedded address, the
`address identifying a source of at least one online information
`segment related to the programming signal,” as recited in the
`claim.
`
`[l.l] “a receiverfor receiving a programming signal and the
`embedded address, the address identifying the source ofthe
`online information segment which relates to the
`programming signal”
`
`First, Throckmorton teaches a receiver for receiving a
`programming signal and the embedded address:
`
`“At the consumer location, the system includes a receiver for
`receiving the primary data stream and a receiver for receiving
`the associated data. These may be the same unit. NTFX— l 004,
`2:64-67.
`
`“Receiver 36 could be a personal computer add—in adapter
`board, a television or radio broadcast receiver, a cable
`
`television converter box or it could be a satellite receiver for
`
`digital broadcast. In the preferred embodiment, it is a broadcast
`television receiver or tuner inside of a personal computer.”
`NTFX—l004, 628-13.
`
`“| R |eceiver 36 receives radio frequency waves from input 50.
`Receiver 36 demodulates the input signal and supplies the
`primary data stream signal over data path 52 to primary data
`rendering sub—system 54 and the associated data signal over
`data path 56 to associated data decoder 58.” NTFX— l 004, 6:30-
`34 (emphasis added).
`
`“The associated data is generally (but not always) sent by the
`same delivery medium as the primary data. In the case of
`
`-20-
`
`NTFX— l 003
`
`

`
`television, the associated data is encoded in the VB] of the
`
`television signal.” NTFX—l004, 7:61-65 (emphasis added).
`
`“[A]ssociated data may consist of references such as uniform
`resource locations (‘URL’) which are WWW page references. .
`.
`. Or, associated data may include pointers to information on
`an online service such as America Online, Prodigy or
`Compuserve.” NTFX— l 004, 923-12.
`
`'[‘r'.m.~ Ill iucr
`
`Video programming
`with URL/pointer
`
`_r’_"‘Il'l
`
`.-\ .\fid Ici :11 ml
`[XII ‘.1
`(jclmutiwl
`
`Second, Throckmorton teaches that the URL/pointer in the
`associated data identifies the source of the online information
`
`segment which relates to the programming signal:
`
`“Additional interactivity may be achieved by adding an actual
`two way communication channel to the personal computer so
`that online services or the lntemet may be accessed. This two
`way communication channel is made particularly effective if
`the associated data contains pointers to locations in the online
`services or the lntemet which are particularly relevant to the
`television program.” NTFX—l004, Abstract (emphasis added).
`
`Thus, a receiver for receiving video programming that contains
`
`-21-
`
`NTFX—l003
`
`

`
`an embedded URL/pointer, wherein the URL/pointer specifies
`online information such as WWW pages that are relevant to the
`television programming, as taught by Throckmorton, discloses
`“a receiver
`for
`receiving a programming signal and the
`embedded address, the address identifying the source of the
`online infonnation segment which relates to the programming
`signal,” as recited in the claim.
`
`[L2] an address
`extractor which
`
`[12] “an address extractor which extracts the addressfrom
`the programming signal”
`
`extracts the
`
`address from
`
`the
`
`programming
`signal;
`
`First, as shown in [l .1], Throckmorton teaches that a
`URL/pointer may be provided with television programming as
`associated data.
`
`Second, Throckmorton teaches an address extractor which
`
`extracts the associated data (e.g., URLs/pointers) from the
`programming signal:
`
`“Associated data protocol manager 60 perfonns the function of
`extracting the different forms of associated data from the
`incoming digital data steam and converting them to a fonn that
`can be used by communications manager 66.” NTFX— l 004,
`6:56-60 (emphasis added).
`
`-22-
`
`NTFX— l 003
`
`

`
`,—l'H‘l.
`
`Human Interface
`
`-_
`
`33
`l. "'.l ll .
`{\_l
`in
`Sin -rug:-:
`
`‘J11 1---T
`
`l-ii‘
`
`-.
`
`7ft
`'5
`
`l ‘I 1 In iIT_\'
`Um”
`
`Rrrlllrrillg
`
`I 54
`
`'i:
`
`-I
`
`_1r_. —"'
`
`J
`
`I.
`
`fih —"
`
`:
`
`-
`
`A-a~.nci.'I1u:d Dal.-1
`[’| uh lL‘|_lI
`|\‘I.'1r1:J _<_- r r
`
`
`
`Address Extractor
`
`
`
`Tun u."-.1)‘
`("-nltlllltmia.-mun
`Clmnnrl
`
`NTFX—l004, Fig. 5 (annotated).
`
`that extracts
`the associated data protocol manager
`Thus,
`associated data (e.g., URLs/pointers) from an incoming digital
`data stream, as taught by Throckmorton, discloses “an address
`extractor which extracts the address from the programming
`signal,” as recited in the claim.
`
`[L3] a web
`browser;
`
`[l.3] “a web browser”
`
`Throckmorton teaches a web browser:
`
`“|A| ‘Web Browser’ may be used to display data pages from
`the World Wide Web [the ‘WWW’ 1. Providers of WWW
`browsers include Netscape Communications Corp., America
`Online, Spyglass and others.” NTFX—l004, 7:42-45 (emphasis
`added).
`
`Thus, the web browser taught by Throckmorton discloses “a
`web browser,” as recited in the claim.
`
`[1 .4] a
`processor which
`
`[l.4] “a processor which automatically directs the web
`browser to establish a communications link with the online
`
`-23-
`
`NTFX— l 003
`
`

`
`automatically
`directs the web
`
`browser to
`
`establish a
`
`communications
`
`link with the
`
`online
`
`information
`
`source
`
`identified by the
`address,
`whereby the
`
`processor
`retrieves the
`
`online
`
`information
`
`segment from
`the online
`
`information
`
`source via the
`
`communications
`
`link; and
`
`information source identified by the address, whereby the
`processor retrieves the online information segmentfrom the
`online information source via the communications link”
`
`Throckmorton teaches a processor which automatically directs
`the web browser to establish a communications link with the
`
`online information source identified by the address, whereby
`the processor retrieves the online information segment from the
`online information source via the communications link:
`
`6
`
`. Connected to receiver
`.
`‘In general, system 34 is a computer. .
`36 is a microprocessor 38. Connected to microprocessor 38 is
`memory 40 which would typically be semiconductor RAM.”
`NTFX—l004, 6:5—l5 (emphasis added).
`
`“Referring now to FIG. 4, a two—way communication channel
`46 is connected to microprocessor 38 and provides interactive
`access to remote computers over such media as the an

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