Reply Declaration of Sandeep Chatterjee, Ph.D.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`FACEBOOK, INC., INSTAGRAM, LLC, and WHATSAPP INC.,
`Petitioners
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`v.
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`BLACKBERRY LIMITED
`Patent Owner
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`
`
`IPR2019-00528
`U.S. Patent No. 8,279,173 B2
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`REPLY DECLARATION OF SANDEEP CHATTERJEE, PH.D.
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`Table of Contents
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`Page
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`I. 
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`RESPONSE TO DR. SURATI’S OPINIONS RE WHETHER “TAG
`SOURCES” HAVE TO BE “SEPARATELY SEARCHABLE” .................. 1 
`RESPONSE TO DR. SURATI’S OPINIONS RE MACLAURIN
`REFERENCE ............................................................................................... 13 
`A. 
`The display of tags “utilizing different sizes, fonts, colors,
`and/or the like” in MacLaurin refers to its tagging features .............. 13 
`B.  MacLaurin Discloses and Renders Obvious a Tag Type
`Indicator Indicative of a Tag Source .................................................. 19 
`III.  RESPONSE TO DR. SURATI’S OPINIONS RE COMBINATION
`OF MACLAURIN WITH ROTHMULLER AND PLOTKIN .................... 23 
`IV.  RESPONSE TO DR. SURATI’S OPINIONS RE WHETHER
`MACLAURIN DISCLOSES “DISPLAYING A TAG LIST” .................... 25 
`CONCLUSION ............................................................................................. 26 
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`II. 
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`V. 
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`Reply Declaration of Sandeep Chatterjee, Ph.D.
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`I, Sandeep Chatterjee, Ph.D., declare as follows:
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`1.
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`I have been asked to review and respond to certain points raised in the
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`“Patent Owner’s Response” filed with respect to the IPR petition for U.S. Patent No.
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`8,279,173 in IPR2019-00528. I understand that Patent Owner submitted a
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`declaration from Dr. Rajeev Surati (Ex. 2001) (“Surati Declaration”) in support of
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`its Patent Owner’s Response. I have therefore been asked to review and respond to
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`statements in the Surati Declaration as well.
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`I.
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`RESPONSE TO DR. SURATI’S OPINIONS RE WHETHER “TAG
`SOURCES” HAVE TO BE “SEPARATELY SEARCHABLE”
`Dr. Surati devotes a significant discussion to the term “tag source” and
`2.
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`argues that the term should be construed as “separately searchable collections of
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`tags.” (Surati Decl., ¶¶72-97.) I have carefully reviewed Dr. Surati’s arguments,
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`and for the reasons below, I respectfully disagree.
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`3.
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`Dr. Surati appears to rely exclusively on the figures and textual
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`description in the ’173 patent specification to support his “separately searchable”
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`limitation on “tag sources,” but in my opinion, those statements do little more than
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`restate the claim language and cannot be fairly read, by a person of ordinary skill in
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`the art, as imposing a “separately searchable” requirement. Dr. Surati does not cite
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`anything from the ’173 patent prosecution history for his construction, or identify
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`anything in the claim language itself that would impose such a requirement.
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`4.
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`Turning first to the claims, a person of ordinary skill in the art would
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`have found nothing suggesting that a tag source must be “separately searchable.”
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`Independent claim 1, for example, merely recites “displaying a tag list including
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`tags from one or more tag sources matching a search string,” and a substantially
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`similar limitation appears in the other challenged independent claims. This language
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`merely recites an end result – the display of a tag list with particular content, i.e. tags
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`from one or more tag sources matching a search string. The claim does not address
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`how the tag list was constructed or the mechanics of how information was located
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`or retrieved from the one or more “tag sources.” The recitation of “tags from one or
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`more tag sources matching a search string” may suggest that search occurred at
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`some time before the display, but this claim language does not specify how any such
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`search was conducted or suggest that tag sources must be separately searchable.
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`5.
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`Turning next to specification, I am informed by counsel for Petitioner
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`that, under the patent laws governing construction of claim terms, it is generally
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`improper to import limitations or details from the specification into the claims. I am
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`further informed that this rule applies even if a patent specification describes only a
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`single embodiment. I am further informed that this rule stems from the differences
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`in the purposes of the claims and the patent specification; the former defines the
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`scope of the invention and the latter teaches and enables persons of ordinary skill in
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`the art to make and use the invention. I am further informed that an embodiment
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`from the specification can impose a claim limitation where statements in the
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`specification provide a clear and unmistakable disavowal or disclaimer. I am further
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`informed that a disclaimer or disavowal will not be found when the statements in the
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`specification are ambiguous or susceptible to multiple reasonable interpretations.
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`6.
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`Although I have articulated the principle that it is generally improper to
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`“import” a limitation from the specification into the claims, Dr. Surati’s position
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`cannot even be fairly characterized as attempting to do that. A person of ordinary
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`skill in the art reading the ’173 specification would find nothing in the specification,
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`for any embodiment, requiring that “tag sources” be “separately searchable.” Dr.
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`Surati does not identify any clear disclosure of separately searchable tag sources.
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`Dr. Surati has at best inferred a “separately searchable” characteristic based on a
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`high-level description of the exemplary “tag sources” in the specification, and then
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`imported that inferred characteristic into the claims. As I will explain below, the
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`specification does not support such an approach.
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`7.
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`The specification describes the searching of tag sources in the following
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`passage, which describes the search in a high-level fashion without details about the
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`actual search or how matching information in the underlying tag sources is accessed,
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`identified, or retrieved:
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`Now referring to FIG. 4A, shown in screen 400A is an illustrative tag
`selection user interface 404 for displaying a tag search facility as may
`be presented by photo tag selection module 148B. As shown in FIG.
`4A, the user is initially presented with a tag entry field 406 indicating
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`that he should start typing a tag. Upon completion of typing, the user
`may click “OK” 408 to select the tag.
`In an embodiment, as the user begins to type, photo tag selection
`module 148B may be configured to search one or more selected “tag
`sources” for tags that match the currently entered text. As shown by
`way of illustration in screen 400B of FIG. 4B, these tag sources could
`include, for example, a list of friends from an online service like
`Facebook™, a list of contacts from the user's address book 142, a list
`of the user's browser bookmarks (in Internet browser 138), a cache of
`recent free-form text entries, etc.
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`(’173, 5:32-47 (emphasis added).) The passage above states that the photo tag
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`selection module 148B “may be configured to search one or more selected ‘tag
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`sources’ for tags that match the currently entered text” (’173, 5:39-42), but the
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`specification does not explain how a search of selected tag sources should be carried
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`out. The specification does not disclose any algorithm or technique for searching
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`tag sources, nor does it require that the “tag sources” be stored in any particular way
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`or in any physical location. Dr. Surati agreed, in fact, that the claims do not impose
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`such a requirement. (Ex. 1021 (Surati Depo.), 165:23-166:2 (“Q. For a system that
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`uses multiple tag sources, does Claim 1 impose any limitations on where each of
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`those tag sources are physically stored? A. I don’t believe so.”).)
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`8.
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`A person of ordinary skill in the art would have recognized that there
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`are numerous ways to implement “search[ing] one or more selected ‘tag sources’ for
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`tags that match the currently entered text” (’173, 5:39-42), that would not require
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`that each tag source be separately searchable.1 The search mentioned in the block-
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`quoted passage above could involve a single search operation that extends across all
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`tag sources, a separate search for each tag source, and any combination in between.
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`A person of ordinary skill in the art would have interpreted the dearth of information
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`about how a “search” of “tag sources” must be carried out as evidence that the claims
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`do not impose any restrictions about how the “tag sources” are arranged, let alone a
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`requirement that each tag source be “separately searchable.”
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`9.
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`Dr. Surati’s opinion relies primarily on the exemplary “tag sources”
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`described in the ’173 patent specification. Dr. Surati argues that “every example of
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`a ‘tag source’ in the ’173 patent specification refers to obtaining tags from separate
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`software or hardware components. The specification, consistent with the claim
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`language, thus confirms that different ‘tag sources’ can be separately searched to
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`obtain tags.” (Ex. 2001 (Surati Decl.), ¶91.) I respectfully disagree.
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`10. First, even if it were the case that the specification clearly disclosed that
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`1 It is not entirely clear from the Surati Declaration what “separately searchable”
`means or how one would go about ascertaining if the limitation is satisfied in a
`particular system of a prior art reference. At his deposition, Dr. Surati provided
`several different formulations of the “separately searchable” concept, generally
`focusing on an ability to retrieve information from a particular “tag source” using a
`query that does not involve or make any reference to other tag sources. (Surati
`Depo., 119:16-123:13.) For purposes of my analysis, I have interpreted Dr. Surati’s
`explanation as meaning that a particular tag source is “separately searchable” it can
`be searched without having to search any other tag source. (Surati Decl., ¶95.)
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`every exemplary tag source could be separately searched (which it does not), this is
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`not enough to transform the “separately searchable” characteristic into a claim
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`limitation. The ’173 patent specification consistently refers to the tag sources
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`identified in the patent as mere examples of possible tag sources. (’173, 5:42-47
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`(“As shown by way of illustration in screen 400B of FIG. 4B, these tag sources could
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`include, for example, a list of friends from an online service like Facebook™, a list
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`of contacts from the user’s address book 142, a list of the user’s browser bookmarks
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`(in Internet browser 138), a cache of recent free-form text entries, etc.”), 6:6-13
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`(“Significantly, as the matching tag list 412 includes possible tags that may be used
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`from various selected tag sources (such as the user’s Facebook friends, the user’s
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`address book 142, a list of the user’s browser bookmarks from Internet browser 138,
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`a cache of the recent free-form text entries, etc.), the user is provided with a simple
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`way to associate subjects or objects in a photo with a predefined ‘tag’ from one of a
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`number of selected tag sources, as may be defined by the user.”) (emphasis added).)
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`The Surati Declaration itself consistently refers to the tag sources identified in the
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`’173 specification as merely “exemplary.” (Surati Decl., ¶87 (“[E]very exemplary
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`‘tag source’ in the ’173 patent specification is consistent with separately searchable
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`collections of tags.”), ¶88 (“These exemplary ‘tag sources’ correspond to tags
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`obtained ‘from’ separate software applications.”).) Dr. Surati also acknowledged
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`this at his deposition. (Surati Depo., 148:8-150:15.)
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`11. Accordingly, even if one could conclude that the specification clearly
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`describes exemplary “tag sources” in which each tag source is stored in a distinct
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`hardware or software component (which as I will explain below it does not), Dr.
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`Surati has not explained how this represents anything more than a happenstance
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`characteristic based on the particular examples in the specification. The patent is
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`clear that the tag sources identified in the ’173 patent are exemplary, and the claims
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`do not preclude further tag sources beyond the examples in the specification. And
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`because the storage of “tag sources” in a distinct hardware or software module is
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`merely a characteristic that Dr. Surati has at best inferred from the specification, it
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`is not clear why that type of storage relationship would necessarily apply to
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`additional tag sources that a developer may create. A person of ordinary skill in the
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`art would have understood that a developer would be free to add any number of
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`additional “tag sources,” some of which may be stored in a memory area shared with
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`other tag sources. Nothing in the specification precludes such an implementation.
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`12. Second, a person of ordinary skill in the art would not have found any
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`clear description in the specification suggesting that the exemplary “tag sources” are
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`stored physically or logically separate from one another, an assumption that appears
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`critical to Dr. Surati’s reasoning. The Surati Declaration relies primarily on a high-
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`level block diagram of Figure 1 to suggest that three of the exemplary tag sources
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`are stored by or within different software applications 34, i.e. the photo tag selection
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`module 148B, Internet browser 138, and address book 142. (Surati Decl., ¶¶87-88.)
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`But the specification does not describe how these software applications actually
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`store or make tags available for display in a tag list, let alone suggest that the
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`software applications store tags separately or independently from one another in a
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`way that would preclude a single search. In fact, Figure 1 suggests that each of the
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`software modules share the same flash memory 108 and random access memory
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`(RAM) 106. (’173. Fig. 1.) A person of ordinary skill in the art would have
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`understood that, at the time of a search, data from the tag source must at least be
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`loaded into such memory to evaluate each tag and identify those that match.
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`13. Dr. Surati implies that the free-form text tag entries are stored within
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`photo selection module 148B, but the specification does not actually say this. It
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`instead says that photo selection module 148B “may create a new free-form tag entry
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`and add it to a free-form text cache as a new tag entry,” but the specification does
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`not say where this “free-form text cache” is stored. (’173, 5:56-59.) Thus, while a
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`particular software application might be responsible for a particular tag source, that
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`does not tell us anything about the actual storage of the tags for that particular tag
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`source. Nor does it preclude the tags from the various sources from being collected
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`into a common memory buffer or cache (such as a file or table located in random
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`access memory 106) at the time a search for matching tags is conducted.
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`14. There are multiple examples in which Dr. Surati himself appeared to
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`acknowledge the uncertainty with respect to where or how exemplary “tag sources”
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`in the specification are actually stored. For example, the Surati Declaration suggests
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`that a particular exemplary tag source – “a list of friends from an online service like
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`Facebook™” – corresponds to a remote database accessible over a network. (Surati,
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`¶89 (quoting ’173, 5:43-44).) But at his deposition, he acknowledged that the list of
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`Facebook friends could be also stored on locally on the user’s device. (Surati Depo.,
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`150:16-151:21.) Similarly, the Surati Declaration implies that the “list of contacts
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`from the user’s address book 142” is stored locally on the user’s device. (Surati
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`Decl., ¶88 (quoting Fig. 1).) But at his deposition, he admitted that the address book
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`could be stored in a local database, or could have been replicated from something
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`“stored in the cloud.” (Surati Depo., 152:2-9.)
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`15. All of this confirms my point above, that there simply is not enough
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`information in the specification for a person of ordinary skill in the art to draw any
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`reliable conclusions with respect to about how the exemplary tag sources are stored
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`in relationship to each other, such that each tag source is “separately searchable.” A
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`person of ordinary skill in the art would have found nothing in the specification
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`expressing any “clear and unmistakable disclaimer” that would warrant importing a
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`separately searchable limitation into the definition of tag sources.
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`16. Finally, even if one could infer that the tags in the various tag sources
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`are stored in separate software or hardware modules, it does not necessarily follow
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`that each tag source must be “separately searchable,” because a search of the tags
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`can be implemented in a number of ways regardless of how the tags sources are
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`arranged in relationship to one another.
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`17. As I explained previously, the ’173 specification imposes no limits on
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`how a search of tag sources could be conducted. The claim language itself does not
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`even require a search of the actual tag sources themselves. Claim 1 for example
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`recites “displaying a tag list including tags from one or more tag sources matching
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`a search string,” which does require that the tags in the list be “from” the one or
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`more tag sources, but does not require that the matching tags be obtained directly
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`from the tag sources themselves, or a result of searches applied directly to the tag
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`sources themselves. For example, a person of ordinary skill in the art could have
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`implemented the tag list of claim 1 by using the well-known technique of pre-
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`fetching and collecting data from the “one or more tag sources” into a single
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`common cache or buffer in memory, which could later be searched (in lieu of the
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`underlying “tag sources”) upon entry of a search string. This technique would allow
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`a single search of the common cache or buffer to identify matching tags that were
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`pre-fetched from the various tag sources. The resulting tag list, when displayed,
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`would still qualify as “a tag list including tags from one or more tag sources
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`matching a search string,” because while the claim requires that the tags be “from”
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`the tag source, it does not require that the tag list be compiled from a search applied
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`directly to the tag sources themselves. And this would not involve any “separately
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`searchable” tag sources because the search itself applied to common cache or buffer
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`memory in which data from all tag sources was collected.
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`18. Nothing in the specification preludes such an implementation, and these
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`types of pre-fetching implementations were commonplace to persons of ordinary
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`skill in the art. In fact, it was well-known to persons of ordinary skill in the art that
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`one benefit of a “pre-fetching” system is that it reduces overhead by avoiding a need
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`to access the underlying data source (such as a database). (See Alan Jay Smith,
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`Sequentiality and Prefetching in Database Systems (1978) [Ex. 1026], at 001-002
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`(“One method used in some systems to reduce the frequency of I/O operations is to
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`maintain in a main memory buffer pool a number of blocks of the database. Data
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`accesses satisfied by blocks found in this buffer will take place much more quickly
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`and with much less computational overhead.”).)
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`19.
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`In the case of the tag sources of the ’173 patent, as noted, one of the
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`exemplary tag sources is “a list of friends from an online service like Facebook™”
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`(’173, 5:43-44), and a person of ordinary skill in the art would have recognized that
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`a search of this tag source would be much faster if the friends were pre-fetched so
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`they could be searched locally by the device rather than having to access the
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`underlying “tag source” remotely over a network. There is nothing in the ’173 patent
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`that would suggest that the inventors intended to foreclose existing pre-fetching and
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`caching techniques in connection with any search of tag sources.
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`20. Dr. Surati relies on a statement from the patent specification that the
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`“photo tag selection module 148B may be configured to search one or more selected
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`‘tag sources’ for tags.” (Surati Decl., ¶85 (quoting ’173, 5:39-42) (emphasis mine).)
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`Dr. Surati claims that the fact that photo selection module 148B can “search just
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`one” tag source supports his “separately searchable” construction. (Id., ¶¶85, 86.)
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`But it does not. The fact that photo selection module 148B can search a single tag
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`source says nothing about how the photo selection module actually performs that
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`particular search, let alone performs a search across multiple tag sources. The
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`specification nowhere states that each tag source is separately searched.
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`21. And this brings me to a final problem with Dr. Surati’s proposed
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`construction – it is not clear if it imposes any requirements at all. During his
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`deposition, Dr. Surati was repeatedly asked whether or not, when his construction of
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`“tag sources” was applied to claim 1, the claim would actually require that the
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`claimed “tag sources” be separately searched. Dr. Surati testified that separate
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`searching need only be a capability, not a requirement, or his construction. (Surati
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`Depo., 173:12-174:25.) For example, in connection with claim 1 he testified:
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`Q.
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`Just to make sure I understand, for a system that
`uses multiple tag sources, Claim 1 does not require
`that each of those tag sources be actually searched
`separately?
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`A.
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`I don’t think it necessarily requires that they be
`searched separately, but the result had better be the
`same as if they were.
`(Surati Depo., 174:16-25.) With respect, this statement does not make sense to me
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`and contradicts other parts of Dr. Surati’s opinions. For example, the Surati
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`Declaration states that “[t]he ’173 Patent itself confirms the plain meaning of ‘tag
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`sources’ as describing distinct and separate processes for obtaining tags” (Surati
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`Decl., ¶78), but apparently the actual performance of those “distinct and separate
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`processes” is not meaningful to the claim. Under Dr. Surati’s construction of “tag
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`sources,” this states nothing more than an abstract technical capability that has no
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`bearing on how a practicing system actually accesses or searches the claimed “tag
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`sources.”
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`II. RESPONSE TO DR. SURATI’S OPINIONS RE MACLAURIN
`REFERENCE
`A. The display of tags “utilizing different sizes, fonts, colors, and/or
`the like” in MacLaurin refers to its tagging features
`22. As I explained in my opening Declaration, MacLaurin explains that “if
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`an automated tag and an explicit tag (one entered by a user) are both presented to the
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`user, each type of tag can be distinguished utilizing different sizes, fonts, colors,
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`and/or symbols and the like.” (MacLaurin, 8:19-23 (cited in Ex. 1002, ¶82)
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`(underlining added).) The Surati Declaration argues that this passage does not refer
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`to the process of tagging items, but rather, to a “recall” feature for selecting from a
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`list of previously-tagged items. (Surati Decl., e.g., ¶¶58, 104-106.)
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`23.
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`I have carefully analyzed Dr. Surati’s arguments and, in my opinion,
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`they cannot be reconciled with the context in which the ability to displays tags
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`“utilizing different sizes, fonts, colors, and/or symbols and the like” (MacLaurin,
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`8:19-23), appears in the reference. MacLaurin clearly discloses this feature in the
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`context of the tagging mode described in the immediately-preceding sections.
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`(MacLaurin, 7:66-8:18.) For the convenience of the Board, I have block-quoted the
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`relevant passages of MacLaurin below and underlined the key statement to show
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`how it appears within its surrounding context:
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`As an example user interface, given a display of items,
`such as the list of files presented in a desktop file window,
`if the user has selected one or more items utilizing the user
`interface and begins to type, a light ‘tagging mode’ can be
`entered with the following characteristics:
`display a special icon and/or text message indicating that
`tagging is active
`accumulate each key a user types into a "tag buffer”
`use this tag buffer to guess at likely tags
`display the current “best guess” tag in a textual readout
`associated with the window
`allow a user to choose between “tag guesses” using cursor
`arrows
`allow a user to choose whether to accept guesses or simply
`use the buffer as is
`if a user hits the escape key (or similar), exit tagging mode
`if the user hits the enter/return key (or similar), apply the
`items to the tag
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`In addition, if an automated tag and an explicit tag (one
`entered by a user) are both presented to the user, each
`type of tag can be distinguished utilizing different sizes,
`fonts, colors, and/or symbols and the like. The above
`user
`interface characteristics are meant
`to be a
`representative process and one skilled in the art can
`appreciate that many variations are possible and are still
`within the scope of the disclosed subject matter herein. In
`general, once the tags are applied to the selected items,
`they are automatically utilized by the system to organize
`and retrieve content.
`Additional examples of user interfaces are shown in FIGS.
`4-8 and facilitate to illustrate the ease at which a user can
`tag selected items.
`(MacLaurin, 7:66-8:29 (emphasis added).) As one can see, the disclosure shown in
`
`underlining and bold above is sandwiched directly between disclosures plainly
`
`relating to the process of tagging items under the “light” tagging mode. The block-
`
`quoted passage above begins by explaining that “if the user has selected one or more
`
`items utilizing the user interface and begins to type, a light tagging mode can be
`
`entered,” whose “characteristics” are then listed. (MacLaurin, 7:67-8:18.)
`
`Immediately thereafter comes the key sentence saying that “if an automated tag and
`
`an explicit tag (one entered by a user) are both presented to the user, each type of tag
`
`can be distinguished utilizing different sizes, fonts, colors, and/or symbols and the
`
`like.” (MacLaurin, 8:19-23.) The sentence that immediately follows explains that
`
`“[t]he above user interface characteristics are meant to be a representative process”
`
`(MacLaurin, 8:23-24), clearly referring back to the earlier statement introducing “a
`
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`light ‘tagging mode’ [that] can be entered with the following characteristics…”
`
`(MacLaurin, 8:2-3.) And the next sentence right after that ends the paragraph by
`
`stating that “once tags are applied to the selected items, they are automatically
`
`utilized by the system to organize and retrieve content” (MacLaurin, 8:27-29),
`
`plainly referring back the earlier statement that “if the user has selected one or more
`
`items utilizing the user interface and begins to type, a light tagging mode can be
`
`entered…” (MacLaurin, 7:67-8:3.) Accordingly, the statement about “utilizing
`
`different sizes, fonts, colors, and/or symbols and the like” (MacLaurin, 8:19-23), is
`
`both preceded and immediately followed by disclosures plainly relating the “light”
`
`tagging mode of MacLaurin.2 It would be anomalous to read the statement about
`
`“utilizing different sizes, fonts, colors, and/or symbols and the like” (MacLaurin,
`
`8:19-23), as relating to an entirely different subject than all of the statements around
`
`it, as the Surati Declaration suggests.
`
`24. The Surati Declaration tries to avoid this key disclosure about
`
`displaying tags “utilizing different sizes, fonts, colors, and/or symbols and the like”
`
`(MacLaurin,
`
`8:19-23)
`
`by
`
`arguing
`
`that
`
`“MacLaurin never
`
`displays
`
`automated/automatic tags in its tagging mode.” (Surati Decl., ¶106 (emphasis in
`
`
`2 And as shown at the end of the block quote above, MacLaurin then continues its
`discussion of tagging features by stating that “[a]dditional examples of user
`interfaces are shown in FIGS. 4-8 and facilitate to illustrate the ease at which a user
`can tag selected items.” (MacLaurin, 8:30-32 (underlining added).)
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`original).) But Dr. Surati points to nothing in MacLaurin suggesting this is the case.
`
`He argues that with “automatic item tagging,” tags are “automatically associated
`
`with selected items without further action.” (Surati Decl., ¶106 (quoting MacLaurin,
`
`Abstract).) But this argument only addresses the process of automatic tag
`
`assignment, which has nothing to do with whether a previously-assigned
`
`“automatic” tag can later appear as a tag suggestion to a user.
`
`25. And nothing in MacLaurin suggests that it cannot. MacLaurin states
`
`that “[t]he selection-based tagging component 102 can also provide tag suggestions”
`
`that include “a tag associated with a similar item, a recently utilized tag,” and “a
`
`commonly used tag,” among others. (MacLaurin, 4:48-53; see also id., 5:19-24
`
`(explaining that tagging component 210 “can also suggest commonly used tags, most
`
`recently used tags, and/or tags based on user data such as, for example, preferences,
`
`profession, work topic (e.g., a graphics designer working on a project is most likely
`
`working on graphics.”); see also id., 7:17-21 (“Tag suggestions can be obtained by
`
`heuristically guessing which tag a user is typing based on, for example, the item
`
`selected, other tags applied to similar items, other tags that have been used recently,
`
`most commonly used tags, and/or any other rule-based and/or heuristic criteria and
`
`the like.”) (underlining added).) A person of ordinary skill in the art would have
`
`appreciated that a “recently utilized tag,” a “commonly used tag,” and/or a “tag
`
`associated with a similar items” (MacLaurin, 4:48-53) – any one of which can
`
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`appear as a tag suggestion (id.) – could be an automatic tag. For example, if the
`
`system previously assigned an automatic tag to an item, that tag could be a “recently
`
`utilized tag” (if assigned recently), a “commonly used tag” (if assigned to a number
`
`of other items), or a “tag associated with similar items,” among others. MacLaurin
`
`flatly states that “[t]he tagging system can contain both automatic tags generated by
`
`the tagging system and explicit tags from a user.” (MacLaurin, 7:48-49 (emphasis
`
`added).) It would have been apparent and obvious to a person of ordinary skill in
`
`the art that the “tags” from which the tag suggestions may be derived can include
`
`any of the tags available to the system, including automatic tags, explicit tags, or
`
`tags from external tag sources.
`
`26. Finally, the Surati Declaration relies on statements from a portion of
`
`the file history of MacLaurin (Ex. 2008), but these statements are not relevant for a
`
`number of reasons. First, the statements from the MacLaurin pros