throbber
1. □ FH Transmittal Fann (e.g., PTO/SB/17)
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`b DA copy from a prior applicaUon (37 CFR 1.63(d))
`
`[Total Pages
`8-0th the claims and abstract must slart on a new page
`(F« infarmntlan an lho p-Merr&d nmmgom•nt, ""~ MPEP 608.01(")/
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`
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`25
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`l
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`PTOISB/05 (08-08}
`Approved for use through 06130/201 O. 0MB 0651 •0032
`U.S. Patent and Trademark Office. U.S. DEPARTMENT OF COMMERCE
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`16535-00034-US
`Attorney Docket No.
`UTILITY
`Tod C. Turner
`First Inventor
`PATENT APPLICATION
`SYSTEM AND METHOD FOR PROVIDING AND
`TRANSMITTAL
`Title TRACKING THE PROVISION OF AUDIO AND
`VISUAL PRESENTATIONS VIA A etc.
`(ONLY FOR Nl:.W NONPROV/S/ONAL APPLICATIONS UNDER
`37 CFR 1.63(8))
`E:xpress Mail Label No.
`
`APPLICATION ELEMENTS
`See MPEP chapter 600 concerning utility patent application contents.
`
`'
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`
`Commissioner for Patents
`ADDRESS TO: P.O. Box 1450
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`ACCOMPANYING APPLICATION PARTS
`
`9. D Assignment Papers (cover sheet & document(s})
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`Name of Assignee
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`I
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`
`Attorney
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`10 □ 37 CFR 3.7l(b) Statement

`
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`6. 0 Application Data Sheet. See 37 CFR 1.76
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`Specification Sequence Listing on:
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`c. D Statements verifying Identity of above copies
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`Pap,i)r
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`18. If a CONTINUING APPLICATION, check appropriate box, and supply the requisite informal/on b&low and In the first sentence of the
`spec;lfioa//on following thlfl rltle, or In an Application Data Sheet under 37 CFR 1. 76:
`of prior application No.:
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`D Continuation D Divisional □ Continuation-in-part (C!P)
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`Prior application information: Examiner
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`Art Unit:
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`Q The address associated with Customer Number. I
`
`23416
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`I
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`19. CORRESPONDENCE ADDRESS
`
`OR D Correspondence address below
`
`I State I
`J Telephone J
`
`/Louis M. Heidelberger/
`Louis M. Heidelberger
`
`Name
`
`Address
`
`City
`Country
`
`Signature
`Name
`r Prin!/Tvoe l
`
`711598_1
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`I Zip Code I
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`I Email
`August 21, 2009
`Pate
`Registration No. 27,899
`IAttomev/Aaent\
`
`Page 1 of 144
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`GOOGLE EXHIBIT 1002
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`PTO/SB/14 (07-07)
`Approved for use through 06/30/2010. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`16535-00034-US
`
`Application Number
`
`Title of Invention
`
`SYSTEM AND METHOD FOR PROVIDING AND TRACKING THE PROVISION OF AUDIO AND VISUAL
`PRESENTATIONS VIA A COMPUTER NETWORK
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`document may be printed and included in a paper filed application.
`
`Secrecy Order 37 CFR 5.2
`D Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`r
`A ,DD 1can
`t I f
`f
`n orma 10n:
`Aoolicant 1
`Applicant Authority (!)Inventor I QLegal Representative under 35 U.S.C. 117
`Prefix Given Name
`Middle Name
`
`I Remove I
`I QParty of Interest under 35 U.S.C. 118
`Family Name
`Suffix
`
`Mr.
`Tod
`C.
`Turner
`Residence Information (Select One) (!) US Residency 0 Non US Residency O Active US Military Service
`I Country of Residence i I US
`City
`State/Province I WA
`Kenmore
`us
`
`Citizenship under 37 CFR 1.41(b) i
`Mailing Address of Applicant:
`Address 1
`6161 NE 175th Street, Suite 203
`
`Address 2
`I Kenmore
`Postal Code
`
`City
`
`98028
`
`I State/Province
`I Countryi I us
`All Inventors Must Be Listed - Additional Inventor Information blocks may be
`generated within this form by selecting the Add button.
`
`I WA
`
`I Add
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`I
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`Correspondence Information:
`Enter either Customer Number or complete the Correspondence Information section below.
`For further information see 37 CFR 1.33(a).
`□ An Address is being provided for the correspondence Information of this application.
`Customer Number
`23416
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`Email Address
`
`I I Add Email I
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`!Remove Emaill
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`Application Information:
`SYSTEM AND METHOD FOR PROVIDING AND TRACKING THE PROVISION OF AUDIO AND
`VISUAL PRESENTATIONS VIA A COMPUTER NETWORK
`Attorney Docket Number 16535-00034-US
`I Small Entity Status Claimed
`
`Title of the Invention
`
`lg]
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Suggested Class (if any)
`
`Suggested Technology Center (if any)
`
`Total Number of Drawing Sheets (if any)
`
`N/A
`
`10
`
`EFS Web 2.2.2
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`I Sub Class (if any)I
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`I Suggested Figure for Publication (if any) I
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`PTO/SB/14 (07-07)
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
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`Application Data Sheet 37 CFR 1.76
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`Attorney Docket Number
`
`16535-00034-US
`
`Application Number
`
`Title of Invention
`
`SYSTEM AND METHOD FOR PROVIDING AND TRACKING THE PROVISION OF AUDIO AND VISUAL
`PRESENTATIONS VIA A COMPUTER NETWORK
`
`Publication Information:
`D Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`Request Not to Publish. I hereby request that the attached application not be published under 35 U.S.
`D C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the subject of
`an application filed in another country, or under a multilateral international agreement, that requires publication at
`eighteen months after filing.
`
`Representative Information:
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`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
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`complete
`the Representative Name
`section
`below.
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`are completed the Customer Number will be used for the Representative Information during processing.
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`sections
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`Please Select One:
`
`Customer Number
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`0 Customer Number
`23416
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`I O US Patent Practitioner 10 Limited Recognition (37 CFR 11.9)
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`Domestic Benefit/National Stage Information:
`This section allows for the applicant to either claim benefit under 35 U.S.C. 119(e), 120, 121, or 365(c) or indicate National Stage
`entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required by
`35 U.S.C. 119(e) or 120, and 37 CFR 1.78(a)(2) or CFR 1.78(a)(4), and need not otherwise be made part of the specification.
`I Remove I
`Filing Date (YYYY-MM-DD)
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`non provisional of
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`61090672
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`by selecting the Add button.
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`2008-08-21
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`This section allows for the applicant to claim benefit of foreign priority and to identify any prior foreign application for which priority is
`not claimed. Providing this information in the application data sheet constitutes the claim for priority as required by 35 U.S.C. 119(b)
`and 37 CFR 1.55(a).
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`PTO/SB/14 (07-07)
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`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid 0MB control number.
`
`Application Data Sheet 37 CFR 1.76
`
`Attorney Docket Number
`
`16535-00034-US
`
`Application Number
`
`Title of Invention
`
`SYSTEM AND METHOD FOR PROVIDING AND TRACKING THE PROVISION OF AUDIO AND VISUAL
`PRESENTATIONS VIA A COMPUTER NETWORK
`
`If the Assignee is an Organization check here.
`
`Prefix
`
`Given Name
`
`□
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`
`Family Name
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`Suffix
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`Mailing Address Information:
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`Signature:
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`CFR 1.4(d) for the form of the signature.
`
`Signature
`
`/Louis M. Heidelberger/
`
`Date (YYYY-MM-DD) 2009-08-21
`
`First Name
`
`Louis
`
`I Last Name
`
`I Heidelberger
`
`Registration Number
`
`27899
`
`This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which
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`

`

`ATTY. DOCKET NO.: 16535-00034~US
`PATENT
`
`SYSTEM AND METHOD FOR PROVIDING AND TRACKING THE PROVISION OF
`AUDIO AND VISUAL PRESENTATIONS VIA A COMPUTER NETWORK
`
`RELATED APPLICATIONS
`
`This application claims priority of United States Patent Application Serial Nos.
`
`[001]
`61/090,673 entitled: CONTENT, TRAFFIC AND ADVERTISING ENGINE, SYSTEM AND
`
`METHOD; 61/090,680 entitled: SYSTEM AND METHOD FOR AGGREGATING AND
`
`PROVIDING AUDIO AND VISUAL PRESENTATIONS VIA A COMPUTER NETWORK;
`
`61/090,678 entitled: CONTENT, TRAFFIC AND ADVERTISING ENGINE, SYSTEM AND
`
`METHOD; 61/090,688 entitled: SYSTEM AND METHOD OF VALIDATING CONTENT,
`
`TRAFFIC AND ADVERTISING IN A COMPUTING APPLICATION AND ENGINE;
`
`61/090,681 entitled: DYNAMIC READ THROUGH DATA COLLECTION AND AD
`
`DELIVERY SYSTEM AND METHOD OF SAME; 61/090684 entitled: SYSTEM AND
`
`METHOD FOR TRAFFIC IN A CONTENT AND ADVERTISING ENGINE; and 61/090,672
`
`entitled: System and Method for Providing and Tracking the Provision of Audio and Visual
`
`Presentations via a Computer Network, all having common inventor Tod C. Turner; and each of
`
`which is incorporated herein by reference as if set forth in its respective entirety herein.
`
`FIELD OF THE INVENTION
`
`The present invention relates generally to the provision of information, and more
`
`[002]
`particularly to the provision of infonnational, ente1tainment, educational, business and other
`
`audio and/or audio/visual presentations via a computer network.
`
`BACKGROUND OF THE INVENTION
`
`[003]
`
`The Internet is a global network connecting millions of computers and linking users
`
`in more than 100 countries into exchanges of data, news and opinions. Unlike online services,
`
`which are centrally controlled, the Internet is decentralized. Each Internet enabled computer is
`
`independent, such that its user can choose which Internet services to use and which local services
`
`to make available to the global Internet community.
`
`1
`
`Page 6 of 144
`
`

`

`ATTY. DOCKET NO.: 16535-00034-US
`PATENT
`
`[004)
`There are many types of content available via the Intemet, including textual content,
`graphical content, audio content and video content. The amount of content available via the
`
`Internet is virtually unlimited. Accordingly, it can prove difficult for a user of an Internet
`
`enabled computer to identify and locate content of a particular type and relating to a particular
`
`subject.
`
`[005]
`
`A popular solution to finding desired content is to use a publicly available search
`
`engine. A search engine searches documents for specified keywords and returns a list of
`
`documents where the keywords were found. Typically, a search engine utilizes a webcrawler to
`provide documents. An indexer then typically reads the webcrawler provided documents and
`
`creates an index based on the words contained in each document. Each search engine typically
`
`uses its own methodology to create indices such that, ideally, only meaningful results are
`
`retumed for each query. This is not always true though due to the complex nature and nuances
`
`of human language and efforts by document authors or providers to fool or trick the indexer into
`
`ranking its documents above those of others. Examples of conventional search engines include
`those made available via www.yahoo.com, www.google.com and www.search.com, all by way
`of non-limiting example only.
`
`Accordingly, there is a need for a system and method of using the Internet as a global
`
`[006]
`network to unite people with common interests. Such a system and method may be used as
`
`productivity tools for business, and to educate and entertain consumers.
`
`SUMMARY OF THE PREFERRED EMBODIMENTS
`
`(007)
`
`A method for tracking digital media presentations delivered from a first computer
`
`system to a user's computer via a network including: providing a corresponding web page to the
`
`user's computer for each digital media presentation to be delivered using the first computer
`system; providing a identifier data to the user's computer using the first computer system;
`
`providing an applet to the user's computer for each digital media presentation to be delivered
`
`using the first computer system, wherein the applet is operative by the user's computer as a
`
`timer; receiving at least a portion of the identifier data from the user's computer responsively to
`
`2
`
`Page 7 of 144
`
`

`

`ATTY. DOCKET NO.: 16535-00034-US
`PATENT
`
`the timer applet each time a predetermined temporal period elapses using the first computer
`system; and, storing data indicative of the received at least portion of the identifier data using the
`
`first computer system; wherein each provided webpage causes corresponding digital media
`presentation data to be streamed from a second computer system distinct from the first computer
`
`system directly to the users computer independent of the first computer system; and wherein the
`stored data is indicative of an amount of time the digital media presentation data is streamed
`
`from the second computer system to the user's computer.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[008]
`
`Understanding of the present invention will be facilitated by consideration of the
`
`following detailed description of the preferred embodiments of the present invention taken in
`conjunction with the accompanying drawings, in which like numerals refer to like parts:
`
`[009]
`
`Fig. I illustrates a block diagram of a system of networked computers;
`
`Fig. 2 illustrates an electronic document according to an embodiment of the present
`
`Fig. 3 illustrates an electronic document according to an embodiment of the present
`
`[0010]
`invention;
`
`(0011]
`invention;
`
`[0012]
`
`Fig. 4 illustrates a flow diagram of a process according to an embodiment of the
`present invention;
`
`[0013]
`Fig. 5 illustrates a flow diagram of a process according to an embodiment of the
`present invention;
`
`(0014)
`Fig. 6 illustrates a flow diagram of a process according to an embodiment of the
`present invention;
`
`[0015]
`
`Fig, 7 illustrates a block diagram of a system of networked computers in conjunction
`with telecommunications devices according to an embodiment of the present invention;
`
`710587_2
`
`3
`
`Page 8 of 144
`
`

`

`ATTY. DOCKET NO.: 16535-00034-US
`PATENT
`
`Fig. 8 illustrates a flow diagram of a process according to an embodiment of the
`[0016]
`present invention;
`
`Fig. 9 illustrates an electronic document according to an embodiment of the present
`[0017]
`invention; and
`
`Fig. 10 illustrates a flow diagram of a process according to an embodiment of the
`
`[0018]
`present invention.
`
`DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS
`
`It is to be understood that the figures and descriptions of embodiments of the present
`[0019]
`invention have been simplified to illustrate elements that are relevant for a clear understanding of
`the present invention, while eliminating, for the purpose of clarity, many other elements found in
`
`typical website and audio/visual content delivery systems and methods. Those of ordinary skill
`in the art may recognize that other elements and/or steps are desirable and/or required in
`implementing the present invention. However, because such elements and steps are well known
`in the art, and because they do not facilitate a better understanding of the present invention, a
`
`discussion of such elements and steps is not provided herein.
`
`For non-limiting purposes of explanation only, "computer," as referred to herein,
`[0020)
`refers to a general purpose computing device that includes a processor. "Processor," as used
`herein, refers generally to a device including a Central Processing Unit (CPU), such as a
`microprocessor. A CPU generally includes an arithmetic logic unit (ALU), which performs
`arithmetic and logical operations, and a control unit, which extracts instructions (e.g., code) :from
`memory and decodes and executes them, calling on the ALU when necessary. "Memory," as
`used herein, refers to one or more devices capable of storing data, such as in the form of chips, or
`
`other medium like magnetic or optical discs. Memory may take the form of one or more
`random-access memory (RAM), read-only memory (ROM), programmable read-only memory
`
`(PROM), erasable programmable read-only memory (EPROM), or electrically erasable
`programmable read~only memory (EEPROM) chips, by way of further non~limiting example
`
`only. Memory may be internal or external to an integrated unit including the processor. Memory
`
`710587 _2
`
`4
`
`Page 9 of 144
`
`

`

`ATTY. DOCKET NO.: 16535-00034~US
`PATENT
`
`may be internal or external to the computer. Such memory may store a computer program, e.g.,
`code or a sequence of instructions being operable by the processor. Such a computer may
`
`include one or more data inputs. Such a computer may include one or more data outputs. The
`code stored in memory may cause the processor, when executed by the processor, to set an
`output to a value responsively to a sensed input.
`
`[0021]
`One type of computer executable code typically stored in memory so as to be
`executable by an Internet enabled computer is a browser application. For non-limiting purposes
`of explanation only, "browser applicationH or "browser/' as used herein, generally refers to
`computer executable code used to locate and display web pages. Commercially available
`
`browsers are Microsoft Internet Explorer, Netscape Navigator, Apple Safari, Google Chrome and
`Firefox, which all support text, graphics and multimedia information, including sound and video
`
`(sometimes through browser plug-in applications). "Plug-in/' as used herein, generally refers to
`computer executable code that adds a specific feature or service to a larger system, in the case of
`a browser plug-in, the browser application.
`
`[0022]
`The terms "computer," "computer device and/or "computer system" as used herein
`may generally take the form of single computing devices or collections of computing devices
`having a common operator or under common control.
`
`[0023]
`According to certain embodiments of the present invention, content may be
`aggregated for presentation to users. According to certain embodiments of the present invention,
`
`audio content may be aggregated for presentation to users. According to certain embodiments of
`the present invention, video content may be aggregated for presentation to users. According to
`
`certain embodiments of the present invention, audio and video content may be aggregated for
`presentation to users.
`
`(0024]
`
`Referring now to Fig. 1, there is shown a block diagram of a system of networked
`
`computers 10. The illustrated system 10 includes a plurality of user computers 20, a plurality of
`
`network server computers 30 and a network 40 interconnecting computers 20, 30 together.
`
`710587_2
`
`5
`
`Page 10 of 144
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`

`

`ATTY. DOCKET NO.: 16535-00034-US
`PATENT
`
`[0025]
`
`Illustrated system 10 includes personal computing devices 22 and a personal digital
`assistant computer/web-enabled cell phone computer 24 by way of non-limiting example only.
`Communication links 26 communicatively couple devices 20 with network 40. Links 26 may
`take the form of wired and/or wireless communications links, including fiber optic, POTS, DSL,
`
`cable and/or multiple access or GSM based wireless telephony or data communications systems,
`for example. Network 40 may include portions of proprietary and service provider networks, as
`well as the Internet, for example. Illustrated system 10 includes a database server 32, a content
`
`or web server 34 and a file server 36, all by way of non-limiting example only. Communication
`links 26 connnunicatively couple devices 30 with network 40 as well. "Server", as used herein,
`generally refers to a computing device communicatively coupled to a network and that manages
`
`network resources. A server may refer to a discrete computing device, or may refer to an
`application that is managing resources rather than the entire computing device.
`
`[0026]
`
`Referring now also to Fig. 2, there is illustrated a web page 200 according to an
`embodiment of the present invention. Web page 200 may be provided to computers 20 by
`
`computers 30 via network 40. Illustrated web page 200 aggregates audio and/or video content
`for presentation to users of computers 20.
`
`Referring still to Fig. 2, the particularly illustrated web page 200 includes a category
`[0027]
`selector 205, a ranking selector 21 O, a new content indicator 215, a content type indicator 220, a
`page selector 225, particular content graphics 230, particular content type indicators 235 and•
`particular content information 240 organized under a browser tab 245. Web page 200 may take
`other forms and/or present different content as is conventionally achieved in the pertinent arts.
`
`Particular content graphics 230, particular content type indicators 235 and particular
`[0028]
`content infonnation 240 are organized to indicate individual presentations. In the illustrated
`embodiment, presentations 265, 270, 275, are respectively shown. A user may select such a
`
`presentation for display by selecting an individual presentation for streaming or downloading,
`such as by clicking on an indicator 235,240 or 245. For non-limiting purposes of explanation,
`"streaming," as used herein, generally refers to a technique for transferring data such that it can
`be processed as a substantially steady or continuous stream and a user's browser or plug-in can
`
`710587 )!
`
`6
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`Page 11 of 144
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`

`ATTY. DOCKET NO.: 16535-00034-US
`PATENT
`
`start presenting the data before the entire file has been transmitted. For non-limiting purposes of
`explanation, "downloading," as used herein, generally refers to a technique for transmitting data
`
`(e.g., an entire data file) between computers, such as between file server 36 (Fig. 1) and a
`computing device 22 (Fig. 1 ). In certain embodiments of the present invention, a commercially
`
`available content (e.g., audio and/or video podcast) delivery application, such as the Flash
`product available from Adobe Systems Inc., may be used to provide selected presentations to
`users' computers 20 (Fig. 1).
`
`(0029]
`Referring still to Figs. 1 and 2, a user of a device 20 may request page 200 from
`content server 34 using a browser application in a conventional manner. Server 34 may provide
`
`page 200 to the requesting computer 20 in a conventional manner, optionally using database
`
`server 32 to populate page 200, for example.
`
`[0030]
`
`In certain embodiments of the present invention, when a user selects a category in
`
`selector 205, content server 34 may request database server 32 identify which presentations
`should be used to populate page 200 according to the selected category. Server 34 may then
`provide such a populated page 200 to the requesting user computer 20. Examples of categories
`that may be included and selected using selector 205 include art, autos and vehicles, bloggers
`
`and people, celebrity gossip, comedy, education, gadgets, health, how to and DIY, legal, music,
`news, and pets and animals, for example. By selecting one of these categories, a user may
`receive pages 200 populated with content according to the selected category.
`
`[0031)
`In certain embodiments of the present invention, when a user selects a ranking in
`indicator 210, content server 34 may request database server 32 identify which presentations
`should be used to populate page 200 according to the selected ranking. Server 34 may then
`provide such a populated page 200 to the requesting user computer 20. Examples of rankings
`that may be included and selected using indicator 210 include most recent presentations and most
`popular presentations, for example. By selecting one of these rankings, a user may receive pages
`
`200 populated with content according to the selected ranking.
`
`710$67 _2
`
`7
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`

`

`ATTY. DOCKET NO.: 16535~00034~US
`PATENT
`
`[0032}
`
`In certain embodiments of the present invention, a user may select a populated
`presentation (e.g., 265, 270 or 275, Fig. 2). In response thereto, server 34 may request file server
`36 either stream or download the selected presentation to the requesting user's computer 20, such
`as via a web page 200 in a conventional manner.
`
`[0033)
`
`Referring now to Fig. 3, there is shown a view of web page 200 when tab 250 is
`selected. In the illustrated embodiment of Fig. 3, web page 200 includes a text box 255 and
`search button 260 under tab 250. In certain embodiments of the present invention, when tab 250
`
`is selected, text box 255 and search button 260 maybe presented on the user's computer 20 by
`server 34. A user may enter a search term into window 255 in a conventional manner. A user
`
`may then activate search button 260 in a conventional manner. Responsively thereto, content
`server 34 may request database server 32 identify which presentations should be used to populate
`page 200 according to the entered search term(s). Server 34 may then provide such a populat

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