CASE IPR2019-01279
`Patent No. 8,510,407
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LENOVO HOLDING COMPANY, INC.,
`LENOVO (UNITED STATES) INC., and
`MOTOROLA MOBILITY LLC,
`Petitioners,
`
`v.
`
`DODOTS LICENSING SOLUTIONS LLC,
`Patent Owner.
`
`CASE IPR2019-01279
`Patent No. 8,510,407
`
`DECLARATION OF DOCTOR EARL SACERDOTI, PH.D.
`
`DoDots Exhibit 2004
`
`
`Patent No. 8,510,407
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`LENOVO HOLDING COMPANY, INC.,
`LENOVO (UNITED STATES) INC., and
`MOTOROLA MOBILITY LLC,
`Petitioners,
`
`v.
`
`DODOTS LICENSING SOLUTIONS LLC,
`Patent Owner.
`
`CASE IPR2019-01279
`Patent No. 8,510,407
`
`DECLARATION OF DOCTOR EARL SACERDOTI, PH.D.
`
`DoDots Exhibit 2004
`
`
`
`
`
`I, Dr. Earl Sacerdoti, Ph.D., declare as follows:
`
`I.
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`BACKGROUND AND QUALIFICATIONS
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`1) My name is Earl Sacerdoti. I have practiced in the field of
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`computer science for 50 years. I am being compensated at the rate of $550
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`an hour for my testimony in this matter.
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`2)
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`I received my Bachelor of Arts in Psychology from Yale
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`College in 1969. I received both my Master of Science (M.S.) and my
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`Doctor of Philosophy (Ph.D) degrees in Computer Science from Stanford
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`University in 1972 and 1975, respectively, and also took courses at
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`Stanford’s graduate business school in 1983 as part of its American
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`Electronics Association-sponsored Executive Education Program.
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`3)
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`From 1972 until 1979, I worked at the Stanford Research
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`Institute (now SRI International), initially as a Research Mathematician, and
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`later as the Associate Director for the Artificial Intelligence Center. In those
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`roles, I managed and performed research in a variety of subfields within
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`Artificial Intelligence. In 1973-4 I developed QLISP, an interpreted,
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`incrementally compilable programming language for AI systems. I am
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`credited with pioneering "modern problem solving," along with developing,
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`marketing and participating in research programs in automated and
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`1
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`
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`interactive problem solving, natural-language interaction with data bases,
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`distributed robotics, and programming languages. From 1975 through 1979,
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`I conceived and managed a project that developed software for a testbed
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`operated for the US Navy, which offered English-language access to a
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`database distributed across multiple computers on the Arpanet, the
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`predecessor to today’s Internet.
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`4)
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`After leaving SRI International, I co-founded Machine
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`Intelligence Corporation, where I served as Director of Research and
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`Development, Vice President of Engineering, and President of International
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`Machine Intelligence Corporation. Here, I directed development of the first
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`general industrial vision system, the first vision-guided industrial robot, and
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`the first computer-networked industrial robot. I also supervised and
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`participated in developing the prototype of a data management product, for
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`which we created a spin-off business named Symantec, Inc., a leading
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`software publisher.
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`5)
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`In 1983 I joined Teknowledge, Inc. as Chief Technical Officer,
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`and later served as General Manager of its products division and Vice
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`President of Business Development. In these roles, I managed the
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`development, sales, and application of two programming languages for
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`developing expert systems.
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`2
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`6)
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`Since leaving Teknowledge in 1988, I worked primarily as
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`Principal Consultant for The Copernican Group and subsequently as
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`Managing Partner for Opero Partners, LLC. In these roles, I provided
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`management and technical consultation to over 100 companies. Many of
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`these projects, including work for Sun Microsystems, Apple Computer, and
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`dozens of early-stage software vendors, involved applications downloadable
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`from network locations that display content to users. In 1997 I served as
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`Acting VP, Engineering for Open Minded Solutions, where I developed a
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`product that generated HTML web pages dynamically from document
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`descriptions using the SGML standard, a predecessor to XML. I consulted
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`for Sun Microsystems during 1989-91, where I became aware of the
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`development of what became its Java language, which was originally created
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`to program embedded systems. My recent work includes serving on the
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`Advisory Board and consulting for Linqto, Inc., where I assisted in drafting
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`and prosecuting US Patent 10,492,041, which discloses a system and method
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`for easily modifying applications for mobile devices.
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`7)
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`In 1994-95, I established the Apple Systems Architecture
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`group, reporting to Apple's Chief Scientist, to coordinate technology
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`developments across its business units. There, I developed Apple’s first
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`technology roadmap. I led the AppleSoft Architecture Council. I executed
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`3
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`special projects for the CEO’s Product Strategy Council, including market
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`and technical strategies for enterprise computing, and for the Internet. In this
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`role, I believe I introduced Java to the Apple executive team.
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`8)
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`I also am the author of a book and over 20 papers and articles
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`on a wide range of advanced software topics. I am the inventor of U.S.
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`Patent Number 6,222,540, which discloses an aspect of a downloadable
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`application for selecting the most appropriate data visualization for a data
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`set. I am principal inventor of U.S. Patent Number 6,188,403, and co-
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`inventor of seven other United States Patents: U.S. Patent Numbers
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`6,954,728, 7,797,168, 7,996,264, 8,407,086, 8,417,535, 8,583,562, and
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`9,589,274. I am the inventor of an as-yet-unpublished application for a
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`United States Patent. I am also a co-inventor of several abandoned
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`applications.
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`9)
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`I am a co-founder of the American Association for Artificial
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`Intelligence (AAAI), and a former member of the editorial boards of
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`Cognitive Science, Robotics World, and AI Expert, and was Conference
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`Chair for AIPS-96 (an international conference on automatic planning). I
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`also am a former member of the Steering Committee of the DECUS AI
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`Special Interest Group, and program committees of numerous AAAI and
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`IEEE conferences on both computer science research and applications. I
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`4
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`have presented 7 invited conference talks and 4 conference tutorials, and
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`was a frequent speaker for such groups as DPMA, DECUS, GUIDE, and
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`SME on technical, management and business issues concerning advanced
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`software technology and technology transfer.
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`10) A copy of my latest curriculum vitae, which describes in further
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`detail my qualifications, responsibilities, employment history, honors,
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`awards, professional associations, lectures, and publications is submitted
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`together with this declaration as DoDots Exhibit 2002.
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`11)
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`I have reviewed U.S. Patent No. 8,510,407 (“the ’407 Patent”)
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`(Ex. 1001) to John A. Kembel, et al. I have also reviewed the publications
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`cited in this declaration.
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`II. THE PERSON OF ORDINARY SKILL IN THE RELEVANT
`FIELD IN THE RELEVANT TIMEFRAME
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`12)
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`I have been informed that “a person of ordinary skill in the
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`relevant field” is a hypothetical person to whom an expert in the relevant
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`field could assign a routine task with reasonable confidence that the task
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`would be successfully carried out at the time of the invention. The
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`specification of the ’407 patent provides a straightforward explanation in
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`sufficient detail to permit people with an undergraduate degree in Computer
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`Science or Computer Engineering to implement the invention. Hence, I
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`5
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`believe such a person of skill in the art would have work or educational
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`experience equivalent to a B.S. degree in Computer Science or Computer
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`Engineering.
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`13) Based on my experience, I generally understand the capabilities
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`of a person of ordinary skill in the relevant field. I have supervised and
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`directed many such persons over the course of my career.
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`
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`III. SUMMARY OF THE ’407 PATENT
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`14) The ’407 patent describes a system and method “of presenting
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`distributable computer readable media in response to a user request.” (2:29-
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`30) It discloses a method for software running on a client computer to
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`operate to perform this function. The patent distinguishes its approach from
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`that used by conventional web applications. “A user operating a client
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`computer typically accesses the Internet by using a viewer application, such
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`as a browser to view web content provided at a destination address, typically
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`a web page. In this context, web content and web applications are designed
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`to fill the entire web page. … There is a growing desire for individual users
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`to fully control the aggregation and presentation of content and web
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`applications that appears on a client computer.” (1:56-2:16) “In view of the
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`6
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`foregoing, there is a need in the art to provide a technique for accessing
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`multiple instances of distributable computer readable media in their entirety
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`simultaneously, where these instances are typically smaller than the full
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`pages used in current web pages and web applications.” (2:43-47) “An
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`"application"-type NIM, such as a web calendar or web mail, may be
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`changed by the user, by the content provider, or by other content, while
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`advantageously avoiding the need to distribute and support a hard-
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`coded compiled application.” (21:54-58) “NIMs allow a developer to
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`provide an application feel without developing custom client applications.”
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`(26:38-40) (Emphasis added) This section summarizes the specification’s
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`description of the method and device configuration.
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`15) Fundamental to the invention is a Networked Information
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`Monitor (“NIM”), a fully configurable frame (containing one or more
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`controls) through which content is optionally presented1. (5:21-23) Also
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`fundamental to the invention is that, in contrast to Java “applets” and other
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`traditional web applications, the NIM is constructed or instantiated on the
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`client computer using a NIM definition, which is a data structure that is
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`stored in a database. “FIG. 13 illustrates a data structure for a NIM
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`1 See below for a full discussion of the interpretation of “Networked Information
`Monitor” and “Networked Information Monitor Template”.
`7
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`definition, stored in the NIM application server's template database or user
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`profile database;” (3:63-65).
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`16) Because the NIM is constructed on the client from a definition,
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`the invention of the ’407 patent avoids the need to download compiled
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`applications or applets. “NIMs are extremely flexible, because the definition
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`of the NIM is content, rather than compiled code.” (21:48-50).
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`17) The NIM definition is data that is “… stored in the NIM
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`application server's template database or user profile database” (3:63-65).
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`The database files which store the NIM definitions are referred to as “NIM
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`templates”.
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`18) A NIM cannot be simply downloaded from a server and
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`executed. Rather, it is instantiated or constructed on the client before it is
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`employed. “Because the NIM definition contains basic reference
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`information, such as data to instantiate the NIM and URLs and other
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`references to where the NIM content is located, a NIM is easily and quickly
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`distributed, collected, and shared.” (33:47-50)
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`19) The NIM definition is transmitted to the client device from a
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`server. “One class of specified networked information handled by request
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`server module 72 is requests for NIMs. When such a request is received,
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`request server module 72 searches NIM templates database 74 for the
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`8
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`specified NIM. NIM templates database 74 includes a large number of NIM
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`templates. Each NIM template defines the characteristics of a specific NIM,
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`including fully configurable frame characteristics, viewer and control
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`characteristics, and NIM content references.” (6:62-7:2)
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`20) A “client parser application” then constructs the NIM from the
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`definition stored in the NIM template. The “client parser application” runs
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`on the client after it requests the NIM template file from the applications
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`server and the server delivers that file to the client. After the NIM definition
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`is delivered, the “client parser application” constructs the NIM. Finally, the
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`desired content is retrieved by the client and placed in the NIM frame. “The
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`method comprises the steps of identifying a definition of a Networked
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`Information Monitor (NIM). A NIM frame is defined for the NIM using the
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`definition. Content is then retrieved for the NIM. Then, the content is placed
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`in a NIM viewer defined by the frame.” (2:28-34). “The steps taken to
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`provide the NIM to a user are shown in FIG.11. … After the user is logged
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`in and has clicked on the NIM, the applications server 50 retrieves the NIM
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`definition from the NIM template database 74 using the NIM ID, in step
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`242, and provides it to the client 20 in step 243. The client 20 receives the
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`NIM definition from the applications server 50 in step 244, and the client
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`parser application 38 creates a frame in the display of the user interface 42 in
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`9
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`
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`step 245.” (20:7-24) While this description may be associated with one
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`embodiment of the invention, the specification is consistently clear that NIM
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`definitions are retrieved from NIM templates that are stored in a database on
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`a server, and these NIM definitions are subsequently transmitted to a client,
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`where a “client parser application” employs the NIM definition to build a
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`NIM. Figure 11, indicating that the NIM frame is built on the client based on
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`the NIM definition, is reproduced below.
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`10
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`IV. CLAIM INTERPRETATION
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`21)
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`In proceedings before the USPTO, I understand that claims are
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`construed using the same standard used by district courts, meaning that
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`claims are given their ordinary and customary meaning in view of the
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`specification from the perspective of one skilled in the art. In comparing the
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`claims of the ’407 patent to the known prior art, I have carefully considered
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`the ’407 patent based upon my experience and knowledge in the relevant
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`field. In my opinion, with the exception of “networked information monitor”
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`and “networked information monitor template”, the claim terms of the ’407
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`patent are generally used in their ordinary and customary sense as one
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`skilled in the relevant field would understand them.
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` “Networked Information Monitor”
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`22) The ’407 patent describes a Networked Information Monitor
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`(“NIM”). “As used herein, the term networked information monitor or NIM
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`refers to a fully configurable frame with one or more controls; the frame
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`through which content is optionally presented.” (5:21-23) “… [A] NIM is
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`defined as a frame that contains a collection of controls, or functional units,
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`such as a web rendering control or a GIF rendering control. The NIM frame
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`surrounds a viewer, which displays the addressed content. The [NI]M has a
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`defined layout or arrangement of the controls, and defined initialization
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`11
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`input data, e.g. data and URL[s], for each control or element, in the NIM.”
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`(21:33-9).
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`23) The ’407 patent further emphasizes that a NIM is distinct from
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`an application. “NIMs allow a developer to provide an application feel
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`without developing custom client applications.” (26:38-40)
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`24) A client application, by contrast, was understood in the art to be
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`an executable module, possibly together with data used in the module’s
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`operation. An application would generally be either composed from source
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`code that had been previously compiled or otherwise processed into the
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`module, or would consist entirely of source code and associated data that
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`could be interpreted at run time.
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`25) As discussed above, the NIM is distinct from the NIM
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`definition or template that defines it. “Each NIM template defines the
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`characteristics of a specific NIM including fully configurable frame
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`characteristics, viewer and control characteristics, and NIM content
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`references.” (6:66-7:2)
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`26) Hence, I believe one of ordinary skill in the art would
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`understand “networked information monitor” to mean “a fully configurable
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`frame (containing one or more controls) through which content is optionally
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`presented.”
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`12
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`27) Dr. Madisetti agrees that a NIM is “a fully configurable frame
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`with one or more controls” through which content is presented to the user.
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`Id., 5:21-24.” (Madisetti at ¶33) But, as discussed below, Dr. Madisetti and
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`the petition erroneously conflate the NIM and NIM template.
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`
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`“Networked Information Monitor Template”
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`28)
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`I have been informed that, in construing the claims of a patent,
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`distinct terms in the claims must be assigned distinct meanings. “Networked
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`Information Monitor” is a distinct term from “Networked Information
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`Monitor Template”. Thus, any interpretation of prior art which conflates
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`these two terms as PETITION FOR INTER PARTES REVIEW OF
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`UNITED STATES PATENT NO. 8,510,407 PURSUANT TO 35 U.S.C. §§
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`311–319, 37 C.F.R. § 42 (“the petition”) and Dr. Madisetti do is inherently
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`incorrect.
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`29) The term “template” has a plain and ordinary meaning in the
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`art. One of ordinary skill in the art would understand it to be a format or
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`pattern, and to be a data structure, not executable code. (These data
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`structures may contain elements that consist of executable code, but the
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`template itself is not executable.) In addition to the intrinsic support for this
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`interpretation offered by the specification itself and discussed below,
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`13
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`substantial external support for this interpretation is provided in numerous
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`technical publications and in standard dictionaries. For example,
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`Lexico.com, a collaboration between Dictionary.com and Oxford University
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`Press, defines “template (computing)” as “A preset format for a document or
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`file, used so that the format does not have to be recreated each time it is
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`used.” (https://www.lexico.com/en/definition/template). A true and correct
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`copy of the pertinent portion of this reference is attached as Exhibit A.
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`30) Merriam-Webster defines it as “something that establishes or
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`serves as a pattern.” It further defines it as “computers : a computer
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`document that has the basic format of something (such as a business letter,
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`chart, graph, etc.) and that can be used many different times”
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`(https://www.merriam-webster.com/dictionary/template). A true and correct
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`copy of the pertinent portion of this reference is attached as Exhibit B.
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`31)
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`“Template” is referenced in numerous technical publications
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`describing software implementations predating the filing of the ’407 patent.
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`Exemplary citations from Cisco Systems, the US Forest Service, Argonne
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`National Laboratory, and the U.K Royal Signals and Radar Establishment
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`and others are cited below. In every case, the template is a format or pattern,
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`and is a data structure, not executable code.
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`14
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`32)
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`“A Template is a file that contains information on the
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`dimensions of the screen, the prompts, and data fields that are repeatedly
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`used in a majority of studies (i.e., date, location, observer). A Template is
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`different from a Screen. A Template is used as a starting point to create a
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`screen. A Screen is a finished product using a Template as a building block.”
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`(USDA Forest Service Gen. Tech. Rep. PSW-GTR-148. 1994, pp. 2-3)
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`(https://www.fs.fed.us/psw/publications/documents/psw_gtr148/psw_gtr148.
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`pdf). A true and correct copy of the pertinent portion of this reference is
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`attached as Exhibit C. This template contains information that helps define a
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`screen; it is not executable code.
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`33)
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`“Descriptions written in the Jasmine description language are
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`called templates. Templates have a simple declarative syntax that is used to
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`represent the relations between software components.” (Keith Marzullo &
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`Douglas Wiebe, “Jasmine: A Software System Modelling Facility”, ACM,
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`1986, p. 123)
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`(http://citeseerx.ist.psu.edu/viewdoc/download?doi=10.1.1.580.2962&rep=r
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`ep1&type=pdf) A true and correct copy of the pertinent portion of this
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`reference is attached as Exhibit D. This template is declarative; it is not
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`executable. It defines relationships between software elements.
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`34)
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`“The database directories contain IOC database files and/or
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`template and substitution files used to generate database files. If templates
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`are used then whenever a template or substitution file is modified the
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`command gnumake will recreate the database file(s).” “xxxApp/xxxDb
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`Executing gnumake in this directory creates the link for dbd and also
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`generates database instance files from templates.” (Marty Kraimer and Janet
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`Anderson, “EPICS IOC Applications Building and Source Release Control”,
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`Argonne National Laboratory, Advanced Photon Source, July 17, 1997, pp.
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`7, 17)
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`(https://epics.anl.gov/EpicsDocumentation/AppDevManuals/iocAppBuildSR
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`control.html) A true and correct copy of the pertinent portion of this
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`reference is attached as Exhibit E. Like the NIM template, the EPICS
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`template is data used by a software program (here, invoked by the gnumake
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`command) to generate a file (here, a database file) based on the definition in
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`the template.
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`35)
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`“Virtual interface templates are serial interface configurations
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`with no hardware associations, and virtual access interfaces are virtual
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`interfaces that are created, configured dynamically, and freed as needed”….
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`“virtual interface template--Generic configuration of an interface for a
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`certain purpose or configuration common to certain users, plus router-
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`16
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`dependent information.” (“Virtual Interface Template Service”, Cisco
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`Systems Inc., copyright 1989-1997, pp. 2-3)
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`(http://employees.org/univercd/Feb-
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`1998/cc/td/doc/product/software/ios112/vtemp.htm) A true and correct copy
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`of the pertinent portion of this reference is attached as Exhibit F. This
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`template is a configuration (i.e. declarative specification) that defines a
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`virtual interface.
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`36)
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`“Template A pattern from which components may be created
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`during building. The creation of these components is controlled by
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`definitions within composite templates.” (p. F – 7) (“The Official Handbook
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`of MASCOT”, Joint IECCA & MUF Committee on MASCOT, June, 1987,
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`Computing Division, Royal Signals and Radar Establishment, Malvern,
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`Worcestershire, England.) (http://async.org.uk/Hugo.Simpson/MASCOT-
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`3.1-Manual-June-1987.pdf) A true and correct copy of the pertinent portion
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`of this reference is attached as Exhibit G. This template is a pattern; it is data
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`used by a software program to generate application software, based on the
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`definition in the template, for a functional system.
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`37) As discussed above, the specification of the ’407 patent
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`carefully distinguishes between the NIM and a template or definition of the
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`NIM.
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`17
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`38) The NIM definition is a data structure. “FIG. 13 illustrates a
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`data structure for a NIM definition, stored in the NIM application server's
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`template database or user profile database;” (3:63-65). “The home NIM
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`definition is formed by general parameters and commands found in
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`“session_config” as well as customized parameters and commands in the
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`processed user profile.” (13:34-7). “NIMs are extremely flexible, because
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`the definition of the NIM is content, rather than compiled code.” (21:48-50).
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`“As shown in the exemplary embodiment of FIG. 13, the definition of a
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`NIM includes tags that identify the NIM 270, define and configure the NIM
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`frame 271, specify and layout the controls 273 in the NIM viewer, and
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`specify parameters to initialize all the NIM' s components with content or
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`data.” (21:61-5).
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`18
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`39) The exemplary data structure of the NIM definition, depicted in
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`Figure 13, is reproduced below.
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`40) The specification generally refers to the NIM template as a
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`database record containing a definition of or for the NIM. “After the user is
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`logged in and has clicked on the NIM, the applications server 50 retrieves
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`the NIM definition from the NIM template database 74 using the NIM ID, in
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`step 242, and provides it to the client 20 in step 243.” (20:18-21). “It will be
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`appreciated that these URLs need not be the same as the initialization URLs
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`19
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`in the "raw" NIM definition stored in the NIM template database 74 on
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`applications server 50, …” (21:25-28).
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`41) A NIM template, then, which is a NIM definition stored in a
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`database, is a data structure in a database record.
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`42) NIM definitions define the NIM frame and its controls. “A NIM
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`frame is defined for the NIM using the definition.” (2:62-3). “In fact, the
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`home NIM definition regulates the actual appearance of the home NIM.”
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`(13:33-4). “The user's profile, stored in the user profile database 76, includes
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`the NIM definition for each of the NIMs previously collected, and possibly
`
`altered, by each user. The NIM definitions, as discussed above, includes the
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`NIM frame definition and the definition of the controls for filling the viewer
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`within the frame with content.” (21:9-14). But, as discussed above, the NIM
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`templates cannot be executed, directly display the frame, or implement the
`
`controls. “NIMs are extremely flexible, because the definition of the NIM is
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`content, rather than compiled code.” (21:48-50).
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`43) The term “definition” also has a plain and ordinary meaning. As
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`with “template”, a definition is understood to be declarative, as in a
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`statement. Lexico.com, a collaboration, between Dictionary.com and Oxford
`
`University Press, defines “definition” as “1. A statement of the exact
`
`meaning of a word, especially in a dictionary. … 1.1 An exact statement or
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`
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`20
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`
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`
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`description of the nature, scope, or meaning of something.”
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`https://www.lexico.com/en/definition/definition (Emphasis added) A true
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`and correct copy of the pertinent portion of this reference is attached as
`
`Exhibit H. Merriam-Webster defines it as “1a: a statement of the meaning of
`
`a word or word group or a sign or symbol [] b: a statement expressing the
`
`essential nature of something …” https://www.merriam-
`
`webster.com/dictionary/definition (Emphasis added) A true and correct copy
`
`of the pertinent portion of this reference is attached as Exhibit I.
`
`44) Critically, it is known that the definition of a thing differs from
`
`the thing itself. One can stave off hunger by eating a meal. One cannot do so
`
`by eating the definition of a meal.
`
`45) NIM definitions (and the NIM templates that hold them) are,
`
`advantageously, significantly smaller than the NIMs they define. “Each NIM
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`definition contains just enough information to define and initialize the NIM's
`
`components (NIM frame, controls, etc.). For example, this information may
`
`contain data to configure the skeleton or frame that is filled in by NIM
`
`content from a developer's server. The NIM definition is therefore fairly
`
`small in size (~2K), and is therefore easily distributable as an XML file or
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`Blob (binary large object), which is communicated using the same
`
`mechanisms (HTTP/ HTTPS requests) as regular Web pages.” (33:55-63).
`
`
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`21
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`
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`
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`46) The specification is clear that a NIM definition or NIM
`
`template is not simply compiled code. “NIMs are extremely flexible,
`
`because the definition of the NIM is content, rather than compiled code.”
`
`(21:48-50) Thus a NIM template or the NIM definition it holds cannot
`
`themselves be executable modules. Hence, a NIM template cannot be an
`
`executable application or applet, and an executable application or applet
`
`cannot be a NIM template.
`
`47) The specification discloses multiple advantages of employing a
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`NIM template storing a data structure that defines a NIM. None of these
`
`advantages of the invention that are cited in the specification would be
`
`realized were the NIM and the NIM template interpreted to be the same, or
`
`were the NIM template to be interpreted to be an application or an applet.
`
`48) First, because the NIM template does not contain the content to
`
`be displayed within the NIM, but rather a specification of that content, the
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`content can be located on a server distinct from the one containing the NIM
`
`definition. “System 10 is highly scalable and thus supports a large number of
`
`users. This scalability stems from the fact that the server 50 is delivering the
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`definition associated with a NIM. The content displayed in the NIM may be
`
`located on a separate computer.” (7:29-34). One of skill in the art would
`
`understand that this enables better scalability by separating the web server
`
`
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`22
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`
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`within server that interfaces with the client user interface from the web
`
`servers that serve content.
`
`49) Second, because the NIM templates contain definitions that are
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`significantly smaller than the NIMs they define, those definitions can be
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`stored within each user’s profile, and can also be periodically updated. “In
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`general, a processed user profile includes three major components: (i) a
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`definition of each NIM associated with the user, (ii) a description of each
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`pack associated with the user and, (iii) the last state of each home NIM
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`associated with a user.” (12:44-8). This permits the user profile, including
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`definitions of all NIMs in current use, to be stored upon logout and
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`optionally during the user’s computing session. “When the user wishes to
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`log out of system 10, the processed user profile is transferred from client 20
`
`to server 50. When web server 58 receives the processed user profile, it
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`passes the processed user profile to user profile database manager 100. User
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`profile database manager 100 stores the processed user profile as the
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`unprocessed user profile 76 corresponding to the user. … In some
`
`embodiments, the processed user profile is periodically transferred, in its
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`entirety or incrementally, from client 20 to server 50 and saved in the
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`manner described in the log out procedure above. Such timed periodic or
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`event based backup procedures are possible because NIM definitions are
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`23
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`efficiently described, thus the absolute size of a processed user profile
`
`remains relatively small. Accordingly, timed backups of a processed user
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`profile to user profile database 76 are possible without extensive use of
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`system 10 bandwidth or server 50 resources.” (12:60-13:13) One of skill in
`
`the art would understand that this permits the system to recreate the state of
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`the user’s session after the user logs out and later logs in again, or if the
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`system fails unexpectedly during the user’s session.
`
`50) Third, the small size of the NIM template makes the system
`
`scalable. “System 10 is highly scalable and thus supports a large number of
`
`users. This scalability stems from the fact that the server 50 is delivering the
`
`definition associated with a NIM.” (7:29-31).
`
`51) Fourth, the use of a NIM template to define the NIM permits
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`the user’s customizations of the visual appearance of their NIMs to be
`
`efficiently stored and retrieved, while maintaining the quality of the
`
`functional aspects of each NIM that are common among users. Additionally,
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`the developer of a NIM can store data defining the default viewer graphical
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`user interface in the system level file, while each user can override the
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`default and store their customized viewer graphical user interface in their
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`user profile. “The home NIM definition is formed by general parameters and
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`commands found in "session_config" as well as customized parameters and
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`
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`24
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`
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`commands in the processed user profile. The division of the home NIM
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`definition between a system level file and a user level file represents a
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`balance in the tension between the need for a system 10 host to insure a
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`consistent level of quality, through the proper implementation of general
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`parameters and commands, and the desire of each user to create highly
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`customized home NIMs.” (13:34-43).
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`52) Fifth, the use of a NIM template to define the NIM permits a
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`user to efficiently share one or more NIMs with other users. This is more
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`efficient because only the NIM template, not the NIM itself, need be
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`uploaded from the user’s client device. (15:30-16:9)
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`53) Finally, because NIM templates contain content rather than
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`executable code to define the NIMs, they can be extremely flexible. “The
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`NIM definition defines the structure of the NIM, and everything that is
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`visible in a NIM is based on standard Internet content, such as HTML,
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`dHTML, or GIFs, and is referenced or pointed to by the NIM definition. An
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`"application"-type NIM, such as a web calendar or web mail, may be
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`changed by the user, by the content provider, or by other content, while
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`advantageously avoiding the need to distribute and support a hard-coded
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`compiled application. The definition of a NIM thus includes everything that
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`is needed for
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