throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`In re Inter Partes Review of:
`U.S. Patent No. 6,108,686
`
`For: AGENT-BASED ON-LINE
`INFORMATION RETRIEVAL AND
`VIEWING SYSTEM
`
`
`
`
`
`
`
`
`
`DECLARATION OF KEVIN C. ALMEROTH, PH.D.
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`US Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`I, Kevin C. Almeroth, hereby declare and state as follows:
`
`1.
`
`I have been retained as a technical consultant on behalf of Samsung
`
`Electronics Co., Ltd., the petitioner in the present proceeding, and I am being
`
`compensated at my usual and customary hourly rate. The petition names
`
`Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., and
`
`Samsung Telecommunications America, LLC as real parties-in-interest. I have
`
`no financial interest in, or affiliation with, the petitioner, real parties-in-
`
`interest, or the patent owner, which I understand to be BLACK HILLS
`
`LG EXHIBIT 1005
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`Page 1 of 25
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`

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`Docket No. 032449.0032-US04
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`MEDIA, LLC. My compensation is not dependent upon the outcome of, or
`
`my testimony in, the present inter partes review or any litigation proceedings.
`
`2.
`
`I have reviewed each of the following:
`
`a. U.S. Patent No. 6,108,686 (“the ‘686 Patent”), including the claims,
`
`description and prosecution history (which is identified in the Petition
`
`respectively as Exhibits 1001 and 1002);
`
`b. U.S. Patent No. 5,740,549 to Reilly (which is identified in the Petition
`
`as Exhibit 1003; hereinafter “Reilly”);
`
`c. Weiss, “New Places to Go Online,” 14(8) Technology & Learning
`
`109-115 (1994) (which is identified in the Petition as Exhibit 1004;
`
`hereinafter “the Technology & Learning Article”);
`
`3. Upon reviewing the ‘686 Patent, I understand that a non-provisional
`
`application was filed on March 2, 1998 (Appl. No. 09/034,773), which issued
`
`as the ‘686 Patent. For the purposes of my analysis, I assume the time of the
`
`purported invention to be no earlier than March 1998.
`
`4.
`
`It is my opinion that a person of ordinary skill in the art at the time of the
`
`inventions claimed in the ‘686 Patent would typically have had a M.S. degree
`
`in computer science in addition to two or more years of work experience
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`Docket No. 032449.0032-US04
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`relating to the field of the provision of information and content over wide area
`
`and local area networks. I was a person of skill in this art in March 1998.
`
`5. My background, qualifications, and experience relevant to the issues in
`
`proceeding are summarized below. My curriculum vitae is submitted
`
`herewith as Exhibit 1006.
`
`6.
`
`I am currently a Professor in the Department of Computer Science at the
`
`University of California, Santa Barbara. At UCSB, I also hold faculty
`
`appointments and am a founding member of the Computer Engineering (CE)
`
`Program, Media Arts and Technology (MAT) Program, and the Technology
`
`Management Program (TMP). I have been a faculty member at UCSB since
`
`July 1997.
`
`7.
`
`I hold three degrees from the Georgia Institute of Technology: (1) a Bachelor
`
`of Science degree in Information and Computer Science (with minors in
`
`Economics, Technical Communication, and American Literature) earned in
`
`June, 1992; (2) a Master of Science degree in Computer Science (with
`
`specialization in Networking and Systems) earned in June, 1994; and (3) a
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`Doctor of Philosophy (Ph.D.) degree in Computer Science (Dissertation Title:
`
`Networking and System Support for the Efficient, Scalable Delivery of
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`Services in Interactive Multimedia System, minor in Telecommunications
`
`Public Policy) earned in June, 1997.
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`Docket No. 032449.0032-US04
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`8. One of the major concentrations of my research to date has been the delivery
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`of multimedia content and data between computing devices. In my research, I
`
`have studied large-scale content delivery systems, and the use of servers
`
`located in a variety of geographic locations to provide scalable delivery to
`
`hundreds, even thousands of users simultaneously. I have also studied
`
`smaller-scale content delivery systems in which content is exchanged between
`
`individual computers and portable devices. My work has emphasized the
`
`exchange of content more efficiently across computer networks, including the
`
`scalable delivery of content to many users, mobile computing, satellite
`
`networking, delivering content to mobile devices, and network support for
`
`data delivery in wireless networks.
`
`9.
`
`In 1992, at the time I started graduate school, my research focused initially on
`
`interactive functions (e.g., VCR-style functions like pause, rewind, and fast-
`
`forward) for near video-on-demand systems in cable systems. This included
`
`handling multiple requests using one audio/video stream broadcast to multiple
`
`receivers simultaneously. This research has developed into new techniques to
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`deliver on-demand content, including audio, video, web documents, and other
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`types of data, through the Internet and over other types of networks, in a way
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`that scales to a large number of users.
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`Docket No. 032449.0032-US04
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`10. In 1994, I began to research issues associated with the development and
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`deployment of multicast in the Internet. Multicast allows scalable
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`transmission from a single source to an arbitrary number of receivers. Some
`
`of my more recent research endeavors have looked at how to use the
`
`scalability offered by multicast to provide streaming media support for
`
`complex applications like distance learning, distributed collaboration,
`
`distributed games, and large-scale wireless communication.
`
`11. Starting in 1997, I worked on a project called the Interactive Multimedia
`
`Jukebox (“IMJ”) to integrate the streaming media capabilities of the Internet
`
`together with the interactivity of the web. Users could select content to view
`
`from a website, which would then be scheduled for delivery using multicast
`
`on one of a number of logical content streams. Delivery would be scheduled
`
`according to available communication capacity: if idle capacity existed when
`
`a request was made, the requesting user would be able to watch its selection
`
`immediately. If the server was fully utilized in streaming previously selected
`
`content, the user’s selection would be queued. In the meantime, the user
`
`would see what content was already playing, and because of the use of
`
`multicast, would be able to join one of the existing streams and watch the
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`content at the point it was currently being transmitted. This service combined
`
`the interactivity of the web with the streaming capabilities of the Internet to
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`Docket No. 032449.0032-US04
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`create a jukebox-like service. As part of the project, we obtained permission
`
`from Turner Broadcasting to transmit cartoons and other short-subject content.
`
`12. In the course of my research, I have been involved in the development of
`
`academic research into available technology in the marketplace. One aspect
`
`of this work is my involvement in the Internet Engineering Task Force
`
`(IETF), including many content delivery-related working groups like the
`
`Audio Video Transport (AVT) group, the MBone Deployment (MBONED)
`
`group, the Source Specific Multicast (SSM) group, the Inter-Domain
`
`Multicast Routing (IDMR) group, the Reliable Multicast Transport (RMT)
`
`group, the Protocol Independent Multicast (PIM) group, etc. I have also
`
`served as a member of the Multicast Directorate (MADDOGS), which
`
`oversaw the standardization of all things related to multicast in the IETF.
`
`Finally, I was the Chair of the Internet2 Multicast Working Group for seven
`
`years.
`
`13. I am an author or co-author of nearly 200 technical papers, published software
`
`systems, IETF Internet Drafts, and IETF Request for Comments (RFCs). The
`
`titles and subject matter of these technical papers are listed in full on my CV,
`
`which is identified in the petition as Exhibit 1006. Furthermore, in the courses
`
`I teach at UCSB, a significant portion of my curriculum covers aspects of the
`
`Internet and network communication including the physical and data link
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`6
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`Docket No. 032449.0032-US04
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`layers of the Open System Interconnect (OSI) protocol stack, and standardized
`
`protocols for communicating across a variety of physical media such as cable
`
`systems, telephone lines, wireless, and high-speed Local Area Networks
`
`(LANs). The courses I have taught also cover most major topics in Internet
`
`communication, including data communication, multimedia encoding, and
`
`(mobile) application design. For a complete list of courses I have taught, see
`
`my curriculum vitae, Ex. 1006.
`
`State of the Art Through 1997
`
`14. One of the most widely deployed computer networks, i.e., physical
`
`connections of computers to exchange data, is the Internet. The Internet has
`
`been around for several decades, with many tracing its origins to the ARPAnet
`
`in the late 1960s. While the origins of the Internet were humble, it has grown
`
`into a massive, highly sophisticated network for highly complex and highly
`
`varied forms of communication. The amount of information on the Internet is
`
`vast, and methods for categorizing and sorting information have long been in
`
`demand. Three principle methods of identifying information were in place by
`
`1997.
`
`15. First, Internet search engines like Lycos and AltaVista allowed users to enter
`
`search queries and retrieve a set of hyperlinks to relevant locations on the
`
`Internet.
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`16. Second, were Internet portals, which attempted to bring information from a
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`variety of Internet sources and display it in a uniform and understandable way.
`
`Early examples include Yahoo! and Pathfinder.com.
`
`17. Third, push technology or subscription technology allowed Internet users to
`
`identify particular concepts or keywords they were interested in, and relevant
`
`content would be “pushed” to their systems. Early examples include
`
`PointCast.
`
`Overview of the ‘686 Patent
`
`18. The ‘686 Patent discloses a Subject-specific Information Retrieval and
`
`Viewing System (“SIRViS”) that enables multiple users of a local computer
`
`system to access information stored remotely on a wide area network. ‘686
`
`patent, Abstract, 3:36 – 4:4 and Fig. 1. The SIRViS is designed to retrieve
`
`and display to a user information relating to a particular, predefined subject
`
`area. Id. at 6:26-28. The SIRViS includes a graphical user interface including
`
`a control panel and a content viewer. Id. at Abstract and 5:21-39. The control
`
`panel enables each local user to define a unique set of search rules for locating
`
`information on the particular subject area stored in one or more remote
`
`databases across the network, or it may enable the search rules to be generated
`
`by hardware and/or software. Id. at Abstract and 5:21-6:25. Each set of
`
`search rules is provided to a search agent, which accesses content in the
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`Docket No. 032449.0032-US04
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`remote databases according to the search and stores the information in a local
`
`database. Id. at Abstract and 5:49 – 6:13. Any of the local users can use the
`
`content viewer to access and display information stored in the local database
`
`relating to the particular subject area and to that particular user. Id. at
`
`Abstract and 6:14-24.
`
`Claim Construction
`
`19. I have been asked to offer my opinion regarding the understanding of a person
`
`skilled in the art regarding certain claim terms in the ’689 Patent. I
`
`understand that in the present proceeding, claim terms are interpreted as the
`
`broadest reasonable construction consistent with the specification or “BRC.”
`
`20. I have been asked to offer my opinion about the understanding of a person
`
`skilled in the art regarding the term “rule generation unit,” which appears in
`
`independent claim 1. Claim 1 recites a “rule generation unit” that defines a
`
`set of search rules. The ‘686 Patent discloses that search rules may be
`
`generated within the SIRViS based on observations of the user’s actions. ‘686
`
`patent, 5:40-48. Moreover, the ‘686 Patent discloses that SIRViS may be
`
`embodied as software executing on a client computer. Id. at 5:9-11. For at
`
`least these reasons, it is my opinion that one skilled in the art would
`
`understand the broadest reasonable construction for the term “rule generation
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`Docket No. 032449.0032-US04
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`unit” is “hardware and/or software capable of generating a set of search
`
`rules.”
`
`21. I have also been asked to offer my opinion about the understanding of a
`
`person skilled in the art regarding the term “search agent.” Claim 1 recites
`
`that a “search agent” is responsible for retrieving information. The ‘686
`
`Patent discloses that SIRViS includes a search agent. ‘686 patent, 5:21-22.
`
`The search agent separately uses each set of search rules to access information
`
`on a predefined subject area in one or more remote databases. Id. at 5:48-51.
`
`The search agent then stores the retrieved information in a local database. Id.
`
`at 5:55-56. Moreover, the ‘686 Patent discloses that SIRViS may be
`
`embodied as software executing on a client computer. Id. at 5:9-11. It is
`
`therefore my opinion that one skilled in the art would understand that the
`
`broadest reasonable construction for the term “search agent” is “hardware
`
`and/or software capable of retrieving information and storing it.”
`
`22. I have also been asked to offer my opinion about the understanding of a
`
`person skilled in the art regarding the term “to store the retrieved
`
`information,” which appears in claim 1, and “storing the retrieved
`
`information, which appears in claims 20 and 29. Claims 4, 25 and 31
`
`respectively depend from claims 1, 20 and 29, and each expressly recites that
`
`the retrieved information is stored in the local database in the same structure
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`that it was stored in the remote database. This difference in the dependent
`
`claims would cause a person of ordinary skill to understand that independent
`
`claims 1, 20, and 29 cannot be limited to being stored in the same structure in
`
`the local database as it was stored in the remote database. It is therefore my
`
`opinion that a person skilled in the art would understand that the BRC for
`
`“stor[ing] the retrieved information” is “storing the retrieved information in
`
`the same structure as, or a different structure from, the structure in which the
`
`information was stored in the remote database.”
`
`23. I have also been asked to offer my opinion about the understanding of a
`
`person skilled in the art regarding the term “user interface,” which appears in
`
`claim 2. Claim 2 expressly recites that the “user interface” “enable[s] . . .
`
`users to access” information in a local database; thus, a person of ordinary
`
`skill in the art would understand that the user interface may facilitate such
`
`access. And the specification of the ‘686 Patent discloses both a “user
`
`interface” (see, e.g. ‘686 patent, 2:15-21) and a “graphical user interface” or
`
`“GUI” (see, e.g., ‘686 patent, 3:2-18). The GUI is responsible, among other
`
`things, for the communication of information entered by a user to other
`
`modules within the system of which the GUI is a part. ‘686 patent, 3:3-8.
`
`The GUI, in particular, may itself include, in addition to a content viewer
`
`component, a control panel component that provides control functionality
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`Docket No. 032449.0032-US04
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`beyond passive display of information to, and direct input from, a user. Id. at
`
`5:21-38. Based on these disclosures, it is my opinion that one skilled in the
`
`art would understand that the BRC for “user interface” is “hardware, software
`
`or a combination thereof that facilitates input from a user into the system, or
`
`that facilitates output to the user from that system.”
`
`24. I have also been asked to offer my opinion about the understanding of a
`
`person skilled in the art regarding the term “using the computer system to
`
`receive the set of user inputs from said one of the local users,” which appears
`
`in claim 30. The ‘686 Patent discloses an embodiment in which a SIRViS is
`
`operating in the client system. ‘686 patent, 3:35-50. In this embodiment, the
`
`SIRViS is embodied as application software that executes on the client
`
`computer system. Id. Thus, in this embodiment, a person of ordinary skill
`
`would understand that user input is directly received from the user. Id. at
`
`6:47-65. In another embodiment, however, the ‘686 Patent discloses that the
`
`client system may represent multiple computer systems connected to each
`
`other on a LAN, corporate internet/intranet, or the like. Id. at 4:14-24. In
`
`such a distributed system, user input could be received on one of the
`
`computers of the LAN that is distinct from the computer on which the SIRViS
`
`software is running. Thus, in such an embodiment, user input may be
`
`indirectly received from the user by the computer system carrying our SIRViS
`
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`Docket No. 032449.0032-US04
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`functionality. For these reasons, one skilled in the art would understand that
`
`the BRC for the term “using the computer system to receive the set of user
`
`inputs from said one of the local users,” is “directly or indirectly receiving,
`
`through the computer system, the set of user inputs from said one of the local
`
`users.”
`
`25. I have also been asked to offer my opinion about the understanding of a
`
`person skilled in the art regarding the term “using the computer system to
`
`output the information to said one of the local users,” which appears in claim
`
`30. The ‘686 Patent discloses an embodiment in which a SIRViS is operating
`
`in the client system. ‘686 patent, 3:35-50. In this embodiment, the SIRViS is
`
`embodied as application software that executes on the client computer system.
`
`Id. In this embodiment, retrieved information, which was stored in a local
`
`database, is retrieved upon command of the user from the local database and
`
`displayed on the user’s user interface. Id. at 7:3-19. In another embodiment,
`
`the ‘686 Patent discloses that the client system may represent multiple
`
`computer systems connected to each other on a LAN, corporate intranet, or
`
`the like. Id. at 4:14-24. In such a distributed system, the computer on which
`
`the SIRViS software is running may be distinct from the user’s computer that
`
`includes a display on which the user views output. Thus, in such an
`
`embodiment, the user’s computer may output on its display retrieved
`
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`Docket No. 032449.0032-US04
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`information that was provided by the computer carrying out SIRViS
`
`functionality. For at least these reasons, one skilled in the art would
`
`understand that the BRC for this element is “directly or indirectly outputting,
`
`through the computer system, the information to said one of the local users.”
`
`The Reilly Patent
`
`26. The Reilly patent discloses a computer based information and advertising
`
`distribution system that includes multiple client computers, i.e., subscriber
`
`workstations, and at least one information server computer. Reilly, 3:66 –
`
`4:38. Each subscriber workstation includes a central processing unit, primary
`
`memory, secondary memory, a user interface and an Internet interface for
`
`communication with the information server via the Internet. Id. at 6:17-36
`
`and Fig. 2. The subscriber workstation's secondary memory may store a local
`
`information database that includes news stories, advertisements, images and
`
`display scripts. Id. at 6:46-56.
`
`27. In a first embodiment, the Reilly patent discloses that the subscriber
`
`workstation may run Screen Saver and Viewer Procedures for controlling the
`
`display of news stories and advertisements. Reilly, 6:62-64. These
`
`procedures include a category manager module that includes a category
`
`profiler module that presents a dialog to the subscriber to determine the
`
`subscriber's interest in receiving information relating to particular categories
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`Docket No. 032449.0032-US04
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`of information. Id. at 6:62-7:20. The category module then generates a data
`
`structure that represents the subcategories of interest to the subscriber. Id. at
`
`9:59-62. The data structure can additionally include a filter based on
`
`keywords entered by the user that causes the retrieval of news items in the
`
`relevant user-preferred categories that include the keywords entered by the
`
`user. Id. at 9:50-58. This data structure is unique, because it is generated
`
`independently for each subscriber workstation connected to the LAN server.
`
`Id. at 7:13-20. The subscriber workstation from time-to-time connects with
`
`the information server, obtains information that is responsive to the data
`
`structure (including, for example, news items and ads) from the information
`
`server, and stores this information in a local database. Id. at 8:19-29 and
`
`16:22-26. The subscriber can then view the downloaded information at a time
`
`of the subscriber’s choosing. Id. at 9:11-17.
`
`28. The subscriber workstation may from time-to-time connect with the
`
`information server, obtain information that relates to the subscriber’s interests
`
`as well as related ads, and store this information in a local database. Reilly,
`
`8:19-29. The subscriber may then view the downloaded information at a time
`
`of the subscriber’s choosing. Id. at 9:11-17.
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`
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`29. In a second embodiment, the Reilly patent discloses a LAN server to which a
`
`plurality of subscriber workstations are connected, and which connects to an
`
`information server on the Internet to retrieve information corresponding to the
`
`preferences of each of the subscriber workstations on behalf of those
`
`subscriber workstations. Id. at 4:5-7, 6:20-25, 8:19-29 and Fig. 1. In this
`
`embodiment, the LAN server contains the functionality of the subscriber
`
`workstation as discussed earlier, except that the user’s display device is
`
`nevertheless located at the subscriber’s premises. Id. at 6:20-25 and Figs. 1-2.
`
`Thus, in the second embodiment, a category profiler module of the LAN
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`Docket No. 032449.0032-US04
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`server (instead of the subscriber workstation) obtains the subscriber’s
`
`preferences regarding categories of information which the subscriber would
`
`like to access from each of the users of users’ workstations connected to the
`
`LAN server, and uses these preferences to generate a data structure, which can
`
`also include filters based on user-entered keywords, as discussed earlier. Id.
`
`at 6:20-25, 6:62-7:20, and 9:36-62. Moreover, in this second embodiment, the
`
`LAN server retrieves information from the information server that is
`
`responsive to the data structures of the subscribers whose workstations are
`
`connected to the LAN server. Id. at 6:20-25, 8:19-29, 15:19-40, 4:8-15,
`
`16:22-26 and Figs. 1-2. Thus, each data structure comprises a set of “search
`
`rules” or “search criteria.” This data structure is unique, because it is
`
`generated independently for each subscriber workstation connected to the
`
`LAN server. Id. at 7:13-20.
`
`30. Finally, in this second embodiment, the LAN server stores the obtained
`
`information in a database local to the LAN Server. Id. at 6:20-25 and 15:7-9.
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`
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`31. The Reilly patent discloses that news is a type of information that the
`
`subscriber workstations obtain using the system of the invention. Reilly,
`
`4:28-49. The Reilly patent also discloses that ads directed to the user are
`
`served along with the news content. Id. at 5:1-4. The Reilly patent further
`
`discloses that each advertisement is assigned to at least one of the predefined
`
`information categories, and is displayed simultaneously with the news items
`
`assigned to the same category as the advertisement. Id. at 4:66 – 5:4. For
`
`example, if the user indicates a preference for “football news,” then the user
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`Docket No. 032449.0032-US04
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`receives both news and ads relating to football. Id. at 4:66 – 5:4, Fig. 5 and
`
`9:36-58.
`
`32. Because the Reilly patent discloses that ads are served to the user along with
`
`the selected information category, a person of ordinary skill in the art would
`
`interpret the Reilly patent as disclosing two alternative methods for serving
`
`information on a predefined subject. In a first method, the user is served
`
`information in two distinct predefined subjects: (i) the predefined subject of
`
`news, and (ii) the predefined subject of ads.
`
`33. In a second method, the user is served information in a single predefined
`
`subject (e.g., the predefined subject of football) because the ads and news
`
`served to the user relate to the same predefined category of information (e.g.,
`
`the predefined category of football).
`
`34. The Reilly patent, in the first embodiment discussed earlier, discloses that
`
`each subscriber workstation includes a user interface that permits the
`
`subscriber to access news stories that the subscriber specifically wants to read.
`
`Reilly, 9:11-17 and 13:28-37. This user interface includes a screen saver
`
`mode which displays news stories corresponding to the subscriber’s
`
`preferences after a period of inaction. Id. at 11:40-49. On the other hand, in
`
`the second embodiment of the Reilly patent, the LAN server carries out user
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`Docket No. 032449.0032-US04
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`interface functionality for the subscriber workstations by filtering content
`
`according to each subscriber’s preferences. Id. at 15:19-37.
`
`35. As discussed earlier, the first embodiment of Reilly includes a category
`
`profiler module that presents a dialog to the subscriber to determine the
`
`subscriber's interest in receiving information relating to particular categories
`
`of information and that stores this information as a data structure. Reilly,
`
`6:62-7:20. In the second embodiment, the Reilly patent discloses a LAN
`
`server to which a plurality of subscriber workstations are connected, and
`
`which connects to an information server on the Internet to retrieve information
`
`corresponding to the preferences of each of the subscriber workstations on
`
`behalf of those subscriber workstations. Id. at 4:5-7, 6:20-25, 8:19-29 and
`
`Fig. 1. In this embodiment, the LAN server contains the functionality of the
`
`subscriber workstation as discussed earlier, except that the user’s display
`
`device is nevertheless located at the subscriber’s premises. Id. at 6:20-25 and
`
`Figs. 1-2. Thus, in this second embodiment, the LAN server receives
`
`information on the subscribers’ preferences and interests, i.e., it receives
`
`inputs from these subscribers. Similarly, in this second embodiment, the LAN
`
`server serves relevant retrieved information to each corresponding subscriber
`
`workstation, i.e., the LAN server outputs such information to the
`
`20
`
`Page 20 of 25
`
`

`

`Docket No. 032449.0032-US04
`
`corresponding user, upon a command of the user. Reilly, 15:19-40, 9:11-17
`
`and 13:28-37.
`
`The Technology & Learning Article
`
`36. The Technology & Learning Article reviews information products relating to
`
`education offered by commercial online service providers like America
`
`Online, Prodigy, CompuServe, Genie and others. Technology & Learning
`
`Article, p. 109. The Technology & Learning Article discloses that each of
`
`these commercial online service providers uses a different business model; for
`
`example, Classroom Prodigy bars all commercial transactions and “replaces
`
`the advertising usually found at the bottom of Prodigy screens with
`
`announcements about educational programs.” Id. at 109, 114. Classroom
`
`Prodigy, however, charges its users a monthly fee. Id. at 114. On the other
`
`hand, Scholastic Network includes ads and also charges a fee that includes a
`
`smaller dollar amount compared to Classroom Prodigy. Id. at 110.
`
`The Combination of Reilly and the Technology & Learning Article
`
`37. The Reilly patent discloses an Internet based information service. Reilly,
`
`2:62 – 3:23 and 3:66 – 4:15. The Reilly patent expressly discloses that known
`
`private wide area networks such as CompuServe, America Online or Prodigy
`
`can be used with its invention. Id. at 4:8-15. The Reilly patent discloses an
`
`21
`
`Page 21 of 25
`
`

`

`Docket No. 032449.0032-US04
`
`embodiment in which both news and ads that relate to a user’s profile are
`
`served to that user’s workstation. Id. at 13:28 – 14:16. A person of ordinary
`
`skill in the art would interpret the Reilly patent as disclosing two alternative
`
`methods for serving information on a predefined subject. In a first method,
`
`the user is served information in two distinct predefined subjects: (i) the
`
`predefined subject of news, and (ii) the predefined subject of ads.
`
`38. The Technology & Learning Article reviews information products relating to
`
`education that are available from commercial online service providers like
`
`America Online, Prodigy, CompuServe, Genie and others. Technology &
`
`Learning Article, p. 109. It discloses business models for an online service
`
`that include either (i) ads displayed to the user in addition to a subscription
`
`fee, or (ii) only a (higher) subscription fee with no ads displayed to the user.
`
`Id. at 109-110, 114.
`
`39. The person of ordinary skill in the art, based on the disclosure in the Reilly
`
`patent of the service of ads to the users of its system, would be aware that an
`
`ad-based revenue model may be used to provide online information services
`
`to users. Such a person would have reason to consider other revenue models,
`
`including subscription-based models that incorporate fewer ads, or no ads, that
`
`would be more appropriate for contexts such as, for example, the provision of
`
`online educational services. In particular, as set forth in the Technology &
`
`22
`
`Page 22 of 25
`
`

`

`Docket No. 032449.0032-US04
`
`Learning Article, a person of ordinary skill in the art would understand that, in
`
`an educational context, the system of the Reilly patent may be implemented
`
`instead based on a revenue model in which no ads are served to the users.
`
`For that reason, a person of ordinary skill in the art would have reason to
`
`implement the system and method of the Reilly patent using a business model
`
`that included no ads, as disclosed in the Technology & Learning Article, in
`
`order to provide customers a user experience free of ads.
`
`40. Additionally, that the disclosures of each of the Reilly patent and the
`
`Technology & Learning Article relate to commercial online services such as
`
`Prodigy, America Online and CompuServe is a further reason why one skilled
`
`in the art would have incorporated the concept of retrieving information with
`
`no ads from the Technology & Learning Article into the retrieval system of
`
`the Reilly patent in order to provide customers a user experience free of ads.
`
`Therefore, the combination of the Reilly patent and the Technology &
`
`Learning Article discloses retrieving only news and no ads, that is, retrieving
`
`only information on the predefined subject of news (and not on the subject of
`
`ads) and storing it in a local database.
`
`41. Moreover, because the modification of the Reilly patent based on the
`
`Technology & Learning Article would involve the removal of a pre-existing
`
`feature (i.e., the distribution of ads as disclosed in the Reilly patent), the
`
`23
`
`Page 23 of 25
`
`

`

`Docket No. 032449.0032-US04
`
`person of ordinary skill in the art would easily be able to implement such a
`
`modification.
`
`24
`
`Page 24 of 25
`
`

`

`Docket No. 032449.0032-US04
`
`I hereby declare that all statements made herein of my own knowledge are true and
`
`that all statements made on information and belief are believed to be true; and
`
`further that these statements were made with the knowledge that willful false
`
`statements and the like so made are punishable by fine or imprisonment, or both,
`
`under § 1001 of Title 18 of the United States Code.
`
`Dated:
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`By________________________
` Kevin C. Almeroth.
`
`25
`
`21-Apr-2014
`
`Page 25 of 25
`
`

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