IPR2014-00269
`Patent 6,233,736
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`and software that is programmed or configured to detect, decode and store
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`an address transmitted as part of a program and use the address to establish a
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`digital communications link directly between the user and the online
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`information source, and equivalents thereof.
`
`Once again, we have considered Patent Owner's argument regarding
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`the failure of the Petition to cite to the specification of the '736 patent but
`
`decline to deny institution on that basis in this case.
`
`5. "means Jr receiving an infbrrnation signal from said online
`information source" (the "receiving means')
`We agree with Petitioner that the receiving means should be construed
`in accordance with 35 U.S.C. § 112, ¶ 6. Petitioner asserts the ordinary and
`
`customary meaning of the function of the indicating means is "receiving an
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`information signal from said online information source." Pet. 8. For the
`
`same reasons as discussed above, the function of the receiving means is
`
`stated clearly in the claim. We see nothing in the specification of the '736
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`patent to alter the proposed construction of the function of the receiving
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`means nor a need for further explanation. We also agree with Petitioner's
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`assertion that the structure of the receiving means is "a modem, or
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`equivalents." Id.
`
`The function of the modern and the fact that it may be implemented in
`
`hardware and/or software generally is described above with respect to the
`
`extracting and connection means. Moreover, the '736 patent further
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`indicates the modem is used "for transmitting and receiving digital
`
`information signals between access controller 10 and public switching
`13
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`NFLE Ex. 1002 - Page 160
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`NFLE 1002 - Page 161
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`Patent 6,233,736
`
`and software that is programmed or configured to detect, decode and store
`
`an address transmitted as part of a program and use the address to establish a
`
`digital communications link directly between the user and the online
`
`information source, and equivalents thereof.
`
`Once again, we have considered Patent Owner's argument regarding
`
`the failure of the Petition to cite to the specification of the '736 patent but
`
`decline to deny institution on that basis in this case.
`
`5. "means Jr receiving an infbrrnation signal from said online
`information source" (the "receiving means')
`We agree with Petitioner that the receiving means should be construed
`in accordance with 35 U.S.C. § 112, ¶ 6. Petitioner asserts the ordinary and
`
`customary meaning of the function of the indicating means is "receiving an
`
`information signal from said online information source." Pet. 8. For the
`
`same reasons as discussed above, the function of the receiving means is
`
`stated clearly in the claim. We see nothing in the specification of the '736
`
`patent to alter the proposed construction of the function of the receiving
`
`means nor a need for further explanation. We also agree with Petitioner's
`
`assertion that the structure of the receiving means is "a modem, or
`
`equivalents." Id.
`
`The function of the modern and the fact that it may be implemented in
`
`hardware and/or software generally is described above with respect to the
`
`extracting and connection means. Moreover, the '736 patent further
`
`indicates the modem is used "for transmitting and receiving digital
`
`information signals between access controller 10 and public switching
`13
`
`NFLE Ex. 1002 - Page 160
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`NFLE 1002 - Page 161
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`IPR2014-00269
`Patent 6,233,736
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`network 30 through an information signal carrier line 32." Ex. 1001 6:59-
`
`62. Therefore, we conclude the receiving means is a modem implemented in
`
`hardware, software, or some combination thereof programmed or configured
`
`to receive information signals and its equivalents.
`
`As discussed above, we have considered Patent Owner's argument
`
`regarding the failure of the Petition to cite to the specification of the '736
`
`patent but decline to deny institution on that basis in this case.
`
`6. "means for displaying an image signal detected from said
`received information signal" (display means)
`We agree with Petitioner that the display means should be construed
`
`in accordance with 35 U.S.C. § 112, ¶ 6. Petitioner asserts the ordinary and
`
`customary meaning of the function of the indicating means is "displaying an
`
`image signal detected from said received information signal." Pet. 8. For
`
`the same reasons as discussed above, the function of the display means is
`
`stated clearly in the claim. We see nothing in the specification of the '736
`
`patent to alter the proposed construction of the function of the receiving
`
`means nor a need for further explanation. Petitioner asserts that the structure
`
`of the display means includes a "computer monitor or other display device,
`
`or equivalents." Id.
`
`The '736 patent explains "[r]eceived information signals are operated
`
`upon by processor 58 for displaying upon conventional TV reproducing
`
`system 22 or high resolution reproducing system 40, e.g., a computer
`
`monitor or other display device." Ex. 1001, 7:57-61. Therefore, we
`
`14
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`NFLE Ex. 1002 - Page 161
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`NFLE 1002 - Page 162
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`IPR2014-00269
`Patent 6,233,736
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`conclude the display means is a television, computer monitor, and
`
`equivalents.
`
`As discussed above, we have considered Patent Owner's argument
`
`regarding the failure of the Petition to cite to the specification of the '736
`
`patent but decline to deny institution on that basis in this case.
`
`Asserted Obviousness Grounds Based on Throckmorton,
`B.
`Throckmorton and Williams, and Throckmorton and Kerman
`I. Overview of Throckmorton (Ex. 1004)
`Throckmorton describes systems and methods for providing apparent
`
`or actual two-way interactive access to information related to a one-way data
`
`stream, such as a television program broadcast. Ex. 1004, Abstract.
`
`Throckmorton provides a consumer of broadcast programming with access
`
`to data relevant to the programming in real time (i.e., "during the process of
`
`program reception"). Id. at 1:59-64. Throckmorton describes supplying a
`
`one-way data stream, including the primary data stream and associated data,
`
`to a consumer, at which point the primary data stream may be rendered to
`
`the consumer and the associated data may be accessed. Id. at 3:6-14. If the
`
`primary data stream is a television broadcast, the associated data may be
`
`encoded in the vertical blanking interval (VBI). Id. at Abstract, 7:63-65.
`
`Throckmorton describes two preferred embodiments for interacting
`
`with the associated information. The first preferred embodiment provides
`
`the consumer with apparent two-way interactive access and is described as
`
`providing additional online information relevant to the primary data stream
`
`that can be stored locally at the consumer's receiver. Id. at 7:53-67. The
`15
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`NFLE Ex. 1002 - Page 162
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`NFLE 1002 - Page 163
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`
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`IPR2014-00269
`Patent 6,233,736
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`consumer then has access to the online information, and it appears to the
`
`consumer that the locally stored data is coming from an online service. Id. at
`
`8:1-15. The second preferred embodiment provides the consumer with
`
`actual two-way interactive access and is described as adding a two-way
`
`communication channel connected to the microprocessor that provides
`
`access to online information. Id. at 8:16-24. Throckmorton explains that the
`
`two-way communication channel allows access to information for which
`
`only references (such as URLs), rather than actual data (such as web pages),
`
`have been received. Id. at 8:63-9:15. Throckmorton also discloses that the
`
`second embodiment may deliver actual data, rather than just references, so
`
`that the consumer experiences apparent interactivity even if the consumer
`
`does not have a two-way communication channel. Id. at 9:16-26.
`
`The primary difference between the first and second preferred
`
`embodiments is that the second preferred embodiment includes a two-way
`
`communication channel (and an associated network protocol manager)
`
`connected to the processor and a remote data manager. See id. at 8:18-19,
`
`8:26-27, Figs. 3-5.
`
`2. Overview of Williams (Ex. 1005)
`Williams describes a system and method for providing real time data
`
`(including emergency broadcast messages) on the same screen on which a
`
`user is viewing broadcast programming. Ex. 1005, Abstract. Williams
`
`allows for the real time data to be extracted and displayed, superimposed
`
`16
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`NFLE Ex. 1002 - Page 163
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`NFLE 1002 - Page 164
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`IPR2014-00269
`Patent 6,233,736
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`over any video signal being viewed, including broadcast programming and
`
`VCR playback. Id.
`
`3. Overview of Kerman (Ex. 1006)
`Kerman describes a system for providing a visible and/or audible
`
`alarm upon the occurrence of certain events. Ex. 1006, Abstract. Kerman
`
`discloses extracting an information signal from a received television signal
`
`and, upon determination that a certain event has occurred, activating the
`
`visible and/or audible alarm. Id. Kerman discusses that the event triggering
`
`the alarm may include receipt of a certain message, program, or details about
`
`a program. Id.
`
`4. Analysis of Asserted Obviousness Ground Based on
`Throckmorton (Claims 1-3 and 6-12), Throckmorton and
`Williams (Claim 4), and Throckmorton and Kerman (Claim 5)
`Petitioner contends that claims 1-3 and 6-12 would have been obvious
`
`in view of Throckmorton (Pet. 9-39), claim 4 would have been obvious in
`
`view of Throckmorton and Williams (id. at 39-42), and claim 5 would have
`
`been obvious in view of Throckmorton and Kerman (id. at 42-47).
`
`Regarding the obviousness challenge to claims 1-3 and 6-12, Petitioner
`
`discusses the two embodiments of Throckmorton and provides a motivation
`
`for combination of the two embodiments, including that a combination of
`
`the two disclosed embodiments is the combination of elements in the manner
`
`described in the reference, resulting in two-way communication while
`
`viewing a program. Id. at 13. Petitioner further argues that Throckmorton
`
`teaches the proposed combination and "specifically teaches such a result."
`17
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`NFLE Ex. 1002 - Page 164
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`NFLE 1002 - Page 165
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`IPR2014-00269
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`Id. Petitioner maps portions of Throckmorton to each of the limitations in
`
`claims 1-3 and 6-12. Id. at 14-39.
`
`Petitioner provides a description of Williams's teachings, a reason to
`
`combine Williams with Throckmorton, and a mapping of Williams to the
`
`additional limitation recited in claim 4. Id. at 39-42. Petitioner also
`
`describes Kerman's teachings, a reason to combine Kerman with
`
`Throckmorton, and a mapping of Kerman to the additional limitation recited
`
`in claim 5. Id. at 42-47.
`
`Patent Owner argues the Petition does not map the cited art to the
`
`claim language as construed by Petitioner, specifically the proposed
`
`construction of "so that the user has direct access to the online information."
`
`Id. at 10-12. As discussed above, our construction is different from that
`
`proposed by Petitioner. Therefore, we look to Petitioner's application of the
`
`cited art to the claim limitations as we have construed them. We have
`
`analyzed Petitioner's challenges to claims 1-12 and are persuaded that
`
`Petitioner has shown sufficiently that Throckmorton teaches the recited "so
`
`that the user has direct access to the online information," as construed.
`
`Specifically, the cited portions of Throckmorton discuss establishing a
`
`connection between the consumer and the online information source,
`
`without the program provider, or any other entity, acting as an intermediary.
`
`Id. at 16-18 (citing Ex. 1004, 9:1-12).
`
`Patent Owner's primary contention regarding the teachings of the
`
`cited references is that Petitioner has not shown where the recited
`
`18
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`NFLE 1002 - Page 166
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