`Patent 6,233,736
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`the Petition itself must identify the evidence to support Petitioner's
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`constructions. Id.
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`1. "automatically establishing, in response to a user• initiated
`command, a direct communication link with the online information
`source" (the "automatically establishing limitation')
`Petitioner asserts the ordinary and customary meaning of the
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`automatically establishing limitation is "in response to a user initiated
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`command, establishing a communication link to an online information
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`source without the user performing additional steps." Pet. 7. We do not see,
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`nor does Patent Owner point to, anything in the specification of the '736
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`patent providing a definition for the automatically establishing limitation or
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`any terms therein. Therefore, we agree with Petitioner that the automatically
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`establishing limitation should be construed according to its ordinary and
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`customary meaning, in light of the specification.
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`We note that the '736 patent explains that existing media receiving
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`and display systems (e.g., radio and television receivers) provide only
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`limited access to interactive information providers. Ex. 1001, col. 1,11. 15-
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`17. The '736 patent expounds that current systems may either display an
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`Internet address the viewer can access using his computer or provide access
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`to a single information source from the media provider (e.g., the broadcast or
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`cable operator), leaving the media provider in control of selecting the
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`information provider. Id. at col. 1,11. 17-29. The '736 patent also points out
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`that, while systems providing interactive access "through a broadcast or
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`cable television signal" exist, "such systems are limited in the access they
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`provide to information sources directly available through the unitary cable or
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`broadcast provider," whereas "the present invention facilitates direct
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`automated user access to an unlimited number of online information
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`providers through provider addresses." Id. at col. 2,11.59-67 (emphasis
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`added); see also id. at col. 1 11. 29-32 ("[n]o system yet exists which
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`provides automated and direct user access to online information providers
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`through an address embedded in a video or audio program signal").
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`While we conclude Petitioner's proposed construction uses a plain
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`and ordinary meaning of the relevant terms, we determine it is not complete.
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`In particular, Petitioner's proposed construction does not appear to provide
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`any meaning for the recited term "direct." Therefore, based on the record,
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`the broadest reasonable construction of the automatically establishing
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`limitation is in response to a command from a user, establishing, without
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`further input from the user, a communication link directly between the user-
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`and the online information source. As seen in the above analysis, each of the
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`limitations includes receiving a command initiated by a user, which then
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`triggers the connection being established automatically.
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`Additionally, we note that, while a communication link is established
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`in response to a user command and with no further input required from the
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`user, there is no limitation on when or how the communication link is
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`established. Furthermore, while the communication link must be established
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`directly between the user and the information source, one of ordinary skill in
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`the art would have understood that Internet routing involves various
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`intermediaries inherent to Internet traffic routing. The direct connection
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`merely implies that the user does not need to go "through" the provider of
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`the video program or any other intermediary not inherent to Internet traffic
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`routing.
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`2. "so that the user has direct access to the online infirmation"
`(the "direct access limitation')
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`Petitioner asserts the ordinary and customary meaning of the direct
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`access limitation is "displaying online information without the user leaving
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`the screen to access the online information." Pet. 7. Once again, we do not
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`see, nor does Patent Owner point to, anything in the specification of the '736
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`patent providing a definition for the direct access limitation or any terms
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`therein. Therefore, we agree with Petitioner that the direct access limitation
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`should be construed according to its ordinary and customary meaning, in
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`light of the specification.
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`We disagree with Petitioner's proposed construction. We are not
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`directed to anything in the specification of the '736 patent that indicates
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`"direct access to the online information" requires the system to display the
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`online information to the user without the user leaving the screen to access
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`the information. See id. As discussed above with respect to the
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`automatically establishing limitation, the '736 patent indicates that direct
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`access means that the user does not need to go through the program provider
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`in order to access the online information. Therefore, the broadest reasonable
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`construction of the direct access limitation is that the user has access to the
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`online information directly from the online information source. Once again,
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`this means that the system establishes a communication link directly
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`between the user and the online. information source, without any intervening
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`intermediary that is not inherent to Internet traffic routing.
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`3. "means for indicating to the user that an address is available
`for extraction from said electronic signal"
`(the "indicating means")
`We agree with Petitioner that the indicating means should be
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`construed in accordance with 35 U.S.C. § 112, ¶ 6.4 Moreover, we agree
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`with the Petitioner that the function of the indicating means is stated clearly
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`in the claim as "indicating to the user that an address is available for
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`extraction," and does not need further explanation. Pet. 7. We also agree
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`with Petitioner that the structure of the indicating means includes "a message
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`or other indicator, or equivalents." Id.; Ex. 1001, 3:60-63. However, the
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`specification of the '736 patent provides additional detail regarding the
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`structure of the indicating means. Specifically, the structure of the
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`indicating means is "a message displayed on a video screen, . . . a light, a
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`sound or a wireless tactile indicator, e.g., vibrating wristband or clip-on unit
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`. . . [or] a logo or message to be displayed for the user at points in the
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`program which coincide with the presence of an embedded online
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`information provider address" and equivalents thereof. Ex. 1001, 3:60-67.
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`4 Section 4(c) of the Leahy-Smith America Invents Act, Pub. L. No. 112-29,
`125 Stat. 284 (2011) ("AIA"), re-designated 35 U.S.C. § 112, ¶ 6, as
`35 U.S.C. § 112(f). Because the '736 patent has a filing date before
`September 16, 2012 (effective date of AIA), we use the citation § 112, 4116.
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`According to Patent Owner, the Petition cites only to Mr. Kramer's
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`declaration and not to the specification of the '736 patent in support of
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`Petitioner's proposed construction. Prelim. Resp. 5-6. While, in some
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`instances, we may deny instituting review because the Petitioner does not
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`cite to the appropriate evidence for support, we decline to do so in this case.
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`Petitioner should have directly cited to the specification of the '736 patent,
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`rather than citing to the declaration, which in turn cites to the relevant
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`portion of the specification. However, Petitioner's failure to cite to the
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`specification does not appear to be an attempt to circumvent the page limits.
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`Moreover, the portion of the '736 patent cited in Mr. Kramer's declaration
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`reveals the relevant structure without need for further analysis.
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`4. "means for extracting an address associated with an online
`information source from an information signal embedded in
`said electronic signal, and for automatically establishing, in
`response to a user initiated command, a direct link with the
`online information source" (the "extracting and connecting
`means ')
`We agree with Petitioner that the extracting and connecting means
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`should be construed in accordance with 35 U.S.C. § 112, 6. Petitioner
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`asserts the ordinary and customary meaning of the function of the indicating
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`means is "(i) extracting an address associated with an online information
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`source from an information signal embedded in said electronic signal and
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`(ii) automatically establishing, in response to a user initiated command, a
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`direct link with the online information source." Pet. 7-8. For the same
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`reasons as discussed above with respect to the indicating means, the function
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`of the extracting and connecting means is stated clearly in the claim. We see
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`nothing in the specification of the '736 patent to alter the proposed
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`construction of the function of the extracting and connecting means nor a
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`need for further explanation. We also agree with Petitioner's assertion that
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`the structure of the extracting and connecting means is hardware and/or
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`software. Id. at 8. According to the specification, the extracting and
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`connecting means is an access controller including both an address extractor
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`and a modem. Ex. 1001, Fig. 1, 5:43-6:7, 8:53-65. However, as identified
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`in Mr. Kramer's declaration, the specification provides additional detail. Ex.
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`1005 ill 38.
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`Specifically, the address extractor portion of the extracting and
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`connecting means is "hardware and/or software to detect, decode and store
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`an address which has been embedded in a video or audio program signal."
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`Ex. 1001, 5:45-47. The '736 patent also explains that there are multiple
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`ways to detect an address signal, including detecting an address transmitted
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`in the vertical blanking interface or other portion of a video signal. Id. at
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`5:50-52. The '736 patent states that "[t]he details of the construction of
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`address extractor 42 are well known in the art and need not be described in
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`further detail." Id. at 6:5-7. The modem portion of the extracting and
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`connecting means also is described as hardware and/or software that can
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`automatically establish a direct digital communication link to the online
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`information provider. Id. at 8:60-65. Therefore, the extracting and
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`connecting means is hardware, software, or some combination of hardware
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