IconFind, Inc. v. Google, Inc.

Filing 66

SECOND AMENDED ANSWER to 1 Complaint with Jury Demand, COUNTERCLAIM against IconFind, Inc. by Google, Inc.. (Attachments: # 1 Exhibit 1, # 2 Appendix A, # 3 Appendix B, # 4 Appendix C, # 5 Appendix D, # 6 Appendix E, # 7 Appendix F, # 8 Appendix G, # 9 Appendix H, # 10 Appendix I, # 11 Appendix J, # 12 Appendix K)(Malecek, Michael)

APPENDIX D
U.S. Pat. No. 7,181,459
1. A computer implemented
method of categorizing a
network page, comprising:

Hailpern in view of Khare or Resnick or Dublin
Hailpern discloses applying META tags to an Internet Web page (i.e.,
“network page”) using the PICS specification:
“An aspect of the current invention is a method to specify particular
information, which for the described embodiments employs placing
information in the META element specified in the HTTP protocol,
which may be called META-tags. In an exemplary Internet
implementation, the Platform for Internet Content Selection (PICS)
provides a specification for sending META-information concerning
electronic content. PICS is a World Wide Web Consortium (W3C)
Protocol Recommendation, and is described, for example, in Rating
Services and Rating Systems (and Their Machine Readable
Descriptions), version 1.1, W3C Recommendation Oct. 31, 1996, and
in PICS Label Distribution Label Syntax and Communication
Protocols, version 1.1, W3C Recommendation Oct. 31, 1996 (see also
http://www.w3.org/PICS).” Hailpern at col. 5, ll. 46-60.
Khare discloses using metadata such as Platform for Internet Content
Selection (“PICS”) to categorize the rights management of an Internet
web page:
“The World Wide Web Consortium is dedicated to 'Realizing the Full
Potential of the Web'. One of the core principles behind that
commitment is 'automatability': enabling rich meta-data and context
to be associated with Web content so computers and humans can
effectively find, communicate, and use information. Intellectual
Property Rights (IPR) are an example of "rich" information.” Khare
at § 1.
“Rights Declaration. We need deterministic statements of the rights
being claimed, and distribution mechanisms for binding these
declarations to the information objects. We believe that machinereadable meta-data formats & transport mechanisms, such as PICS,
are an ideal way to capture rights declarations. [See attached <draftreagle-PICS-copyright-00.txt>]”. Khare at § 2.1.
The motivation to combine the references may be found in the
common knowledge of those skilled in the art, the prior art as a
whole, and/or the nature of the purported problem itself. Hailpern
and Khare both disclose systems that categorize network pages using
the PICS system. Therefore, the motivation to combine the references
is inherent in the references.

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[a] providing a list of categories,
wherein said list of categories
include a category for
transacting business and a
category for providing
information, and wherein said
list of categories include a
category based on copyright
status of material on a page;

Hailpern discloses that PICS labels can be used to classify/categorize
the content of web pages:
“For PICS, META-information about electronic content is grouped
according to the "rating service" or producer-and-intended-usage of
the information, and within one such group, any number of categories
or dimensions of information may be transmitted. Each category has
a range of permitted values, and for a specific piece of content, a
particular category may have a single value or multiple values. In
addition, the META-information group, known as a "PICS label",
may contain expiration information.” Hailpern at col. 5, l. 65 – col.
6, l. 2.
Creating categories for “transacting business,” “providing
information,” and a category based on the copyright status of material
on a page were known element prior to August 9, 2001. Their
combination with the Hailpern system is a combination of known
elements that yields predictable results and is thus obvious. See KSR
Intern. Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739 (2007) (“The
combination of familiar elements according to known methods is
likely to be obvious when it does no more than yield predictable
results.”).
Categories for “transacting business” and “providing information”
were known elements prior to August 9, 2001 as evidenced by a
number of online directories. See, e.g., Yahoo!’s homepage from
February 8, 1999 available at
http://web.archive.org/web/19990208021547/http://www.yahoo.com/;
see also Baeza-Yates at 10.4.2.1 (“There exist today many large
online text collections to which category labels have been assigned.
Traditional online bibliographic systems have for decades assigned
subject headings to books and other documents. MEDLINE, a large
collection of biomedical articles, has associated with it Medical
Subject Headings (MeSH) consisting of approximately 18,000
categories . The Association for Computing Machinery (ACM) has
developed a hierarchy of approximately 1200 category (keyword)
labels. Yahoo!, one of the most popular search sites on the World
Wide Web, organizes Web pages into a hierarchy consisting of
thousands of category labels.”); see, e.g., Baeza-Yates at 10.4.2.1
discussing MeSH categories and HiBrowse interface.
Khare discloses that PICS labels can be used for copyright status:
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to

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associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
Categories based on copyright status were also known elements in the
field of categorization of online content prior to August 9, 2001. See,
e.g., Open Publication License v1.0, published June 8, 1999, available
at http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html (Listing the following categories
based on copyright status:
“0. Copyrighted, with a licensing agreement that prohibits selling or
permanent use (an anti-book)
1. Copyrighted, with no licensing agreement (a traditional book) [also
books on iUniverse]
2. Copyrighted, doesn't cost money to read, but otherwise not free
3. Public domain
4. Copylefted, but with restrictions on modification and/or sale
5. Copylefted: anyone can read, modify, and sell”).
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. The motivation to
combine the references may be found in the common knowledge of
those skilled in the art, the prior art as a whole, and/or the nature of
the purported problem itself. Hailpern and Resnick both disclose
systems that categorize network pages using the PICS system.
Therefore, the motivation to combine the references is inherent in the
references. Resnick discloses providing the claimed list of categories.
See Appendix A at claim 1[a].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. The motivation to
combine the references may be found in the common knowledge of
those skilled in the art, the prior art as a whole, and/or the nature of
the purported problem itself. Hailpern and Dublin both disclose
systems that categorize network pages using META tags Therefore,
the motivation to combine the references is inherent in the references.
Dublin discloses providing the claimed list of categories. See
Appendix B at claim 1[a].
[b] assigning said network page
to one or more of said list of
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Hailpern discloses assigning a network page by including a META
tag on an Internet Web page (i.e., “network page”) using the PICS
GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

categories;

specification:
“An aspect of the current invention is a method to specify particular
information, which for the described embodiments employs placing
information in the META element specified in the HTTP protocol,
which may be called META-tags. In an exemplary Internet
implementation, the Platform for Internet Content Selection (PICS)
provides a specification for sending META-information concerning
electronic content. PICS is a World Wide Web Consortium (W3C)
Protocol Recommendation, and is described, for example, in Rating
Services and Rating Systems (and Their Machine Readable
Descriptions), version 1.1, W3C Recommendation Oct. 31, 1996, and
in PICS Label Distribution Label Syntax and Communication
Protocols, version 1.1, W3C Recommendation Oct. 31, 1996 (see also
http://www.w3.org/PICS).” Hailpern at col. 5, ll. 46-60.
Khare also discloses that PICS labels can be used to assign network
pages to categories:
“Rights Notification. Simple rights notification based upon a
standard meta-data labeling format. PICS is already converging as the
meta-data format for content rating. Many browsers can provide
advisory notice that a site is labeled in some system (RSAC,
SafeSurf~~, etc) and the corresponding ratings for that page.” Khare
at § 2.3.
“Detached labels can easily associate copyright information with any
web referenceable resource including audio and visual content.”
Khare at Using PICS for Copyright Notice and Control, § 2.3.

[c] providing a categorization
label for the network page using
the copyright status of material
on the network page; and

Hailpern discloses displaying the information contained in the META
tags in the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
Khare discloses providing labels (i.e., categorization labels) using the
copyright status of material on the page:
“Detached labels can easily associate copyright information

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with any web referenceable resource including audio and visual
content.” Khare at Using PICS for Copyright Notice and Control, §
2.3.
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
providing the categorization label. See Appendix A at claim 1[c].

[d] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

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In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
providing the categorization label. See Appendix B at claim 1[c].
Hailpern discloses that web pages can be queried based on the PICS
labels:
“Those skilled in the art will appreciate that a client can determine
whether a given web page, either a simple data resource or collection
of objects, contains any relevant information for them by simply
requesting the data using a "HEAD" request for header information,
as specified in RFC 2068, for example. A participating server's
response to such a request will include the AMT of the requested web
page from which the client can determine whether or not the contents
of the page are worth retrieving. For example, a client could make
the HEAD request: HEAD /sports.index.html to determine whether
the server's sports related index page currently contained anything
interesting. Note that this web page might change dramatically often.
The HTTP header of the server's response might contain the entry:
GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

PICS_label:(. . . (soccer 10 tennis 1 baseball 0) . . . ) indicating that
the web page's contents (including both the contents of the page itself
and the contents of linked pages) contained lots of information
regarding soccer, and little information regarding baseball or tennis.
Given this knowledge, the client could then better decide whether to
retrieve the actual page. Note that since the information was retrieved
using a "HEAD" request, that only the HTTP header of the web page
needed to be returned, thus saving network load, and client processing
resources.” Hailpern at col. 15, 1. 50 – col. 16, l. 9.
Hailpern discloses “providing indicia” of the information contained
in the META tags in the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
Khare discloses that PICS labels can be used to control usage of the
Web page:
“[H]ere is one possible course of events for Web [Rights
Management], based on the hypothesis that each layer will stabilize in
succession:
1. Rights Notification. Simple rights notification based upon a
standard meta-data labeling format. PICS is already converging as the
meta-data format for content rating. Many browsers can provide
advisory notice that a site is labeled in some system (RSAC,
SafeSurf~~, etc) and the corresponding ratings for that page.
2.Application-specific Rights Management. The next step is a
series of applications which protect rights within a single context. For
example, an OS might only print or display fonts based on the
embedded label -- as already occurs with embedded TrueType fonts.
Browsers could be programmed to always consult a 'blacklist' of
copyright-infringing resources run by a trusted third party. Rights
labels could reflect ACLs and protections already enforced by
underlying security mechanisms. Finally, we already have interest in
high-value lock-box enveloped data with rights labels, such as
Cryptolopes.
3.General-purpose Rights Management. In some sense, rights
management can converge with trust management -- RM is the asking
of "permission to take specified actions upon a given resource." Just
as with PICS, users will start asking for customizable, portable
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enforcement policies. The policy language and policy-enforcement
engines will become cross-application services.
4.Automated Settlement Models. Finally, automated policy engines
can interface with an electronic payments infrastructure to actively
seek out and settle rights. New social and business models will drive
the development of micropayments, aggregation services, and other
players which will make many kinds of rights easily and
inexpensively clearable.” Khare at § 2.3.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
“Multiple distribution methods (embedded within the document,
transported by the server, or distributed from a label bureau) improve
copy status and control management. Organizations can control the
use and access to their IPR from their server or proxy. Organizations
can also create "audit" spiders to understand the distribution and use
of their content on the Internet.” Khare at Using PICS for Copyright
Notice and Control, § 2.3.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
“providing indicia” of the categories. See Appendix A at claim 1[d].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
“providing indicia” of the categories. See Appendix B at claim 1[d].
6. The method of claim 1,
wherein said plurality of
categories based on the
copyright status of material on a
page comprise categories related
to public domain, fair use only,
use with attribution, and
permission of copyright owner
needed.

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Khare discloses the copyright status of the web page is assigned to
the web page. The copyright status includes the recited categories:
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
It is inherent that the recited categories are included in the disclosed
copyright categories because categories based on copyright status
were known elements in the field of categorization of online content
prior to August 9, 2001. See, e.g., Open Publication License v1.0,
published June 8, 1999, available at
http://www.opencontent.org/openpub/; The Assayer: Help, publicly
available since at least February 2, 2001 at
http://www.theassayer.org/help.html (Listing the following categories
based on copyright status:
“0. Copyrighted, with a licensing agreement that prohibits selling or
permanent use (an anti-book)
1. Copyrighted, with no licensing agreement (a traditional book) [also
books on iUniverse]
2. Copyrighted, doesn't cost money to read, but otherwise not free
3. Public domain
4. Copylefted, but with restrictions on modification and/or sale
5. Copylefted: anyone can read, modify, and sell”).
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
“providing indicia” of the categories. See Appendix A at claim 6.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
“providing indicia” of the categories. See Appendix B at claim 6.
9. The method of claim 1,
wherein said categories include:
a plurality of categories based
on the copyright status of the
material on a page.

Khare discloses that PICS labels can be used to create a plurality of
categories based on the copyright status of material on a web page:
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by

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encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
16. The method of claim 1,
further comprising providing an
indicium for each of said
categories.

Khare discloses using a meta tag (i.e., an indicium) to create a label:
“He uses the copy control system in [1] to create the following label:
(PICS-1.1 "http://www.wipo.org/v1.5"
by "Mark Twain"
labels on "1994.11.05T08:15-0500"
for "http://www.twain.com/story.html"
full "http://www.twain.com/IP-notice.html"
ratings (print 1 save 1 quote 2))”
Khare at Using PICS for Copyright Notice and Control, § 2.2.
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS) [2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.”
Khare at Using PICS for Copyright Notice and Control, Abstract.
“We argue that PICS is an effective method of communicating
intellectual property information about Web content.” Khare at
Using PICS for Copyright Notice and Control, § 1.

17. The method of claim 16,
Khare discloses describing categories with icons:
wherein said indicium comprises “Many Rating Systems: systems provide multiple axes with rational
an icon.
points (some points can be described with text and icons)” Khare at
Using PICS Labels for Trust Management.
Hailpern discloses indicating the information contained in the META
tags on the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
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An indicium comprised of an icon would have been obvious to one
skilled in the art in because icons were commonly used to represent
text in computer applications and web pages prior to August 9, 2001.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses using
an icon to indicate the category to the user:
“The second section describes each of the dimensions, or categories,
and the scales used for each. In this case, there is just a single
category, with five possible values: G through NC-17. In actual
labels, these values would be represented by the integers 0--4; the
service description allows a software program to determine that a
value of 1 corresponds to the PG rating and even to display the PG.gif
icon to a user.” Resnick at p. 90, cols 1-2.

19. The method of claim 1,
further comprising providing a
categorization code that can be
used to label the page with the
categorization label that
indicates the categories to which
the page is assigned.

Khare discloses using a metadata vocabulary (i.e., a categorization
code) to create a label. As an example, Khare discloses:
“He uses the copy control system in [1] to create the following label:
(PICS-1.1 "http://www.wipo.org/v1.5"
by "Mark Twain"
labels on "1994.11.05T08:15-0500"
for "http://www.twain.com/story.html"
full "http://www.twain.com/IP-notice.html"
ratings (print 1 save 1 quote 2))”
Khare at Using PICS for Copyright Notice and Control, § 2.2.
Hailpern discloses indicating the information contained in the META
tags on the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.

20. The method of claim 19,
Khare discloses using a META tag (i.e., an indicium) to create a label
wherein said categorization code with multiple categories of copyright status:
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comprises an indicium for each
of said categories.

“He uses the copy control system in [1] to create the following label:
(PICS-1.1 "http://www.wipo.org/v1.5"
by "Mark Twain"
labels on "1994.11.05T08:15-0500"
for "http://www.twain.com/story.html"
full "http://www.twain.com/IP-notice.html"
ratings (print 1 save 1 quote 2))”
Khare at Using PICS for Copyright Notice and Control, § 2.2.
Hailpern discloses indicating the information contained in the META
tags on the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.

21. The method of claim 20,
Khare does not limit the META tags to less than two letters.
wherein said indicium comprises
two letters.
22. The method of claim 20,
Khare discloses using a META tag (i.e., an indicium) to create labels
wherein said categorization label for each category to which a page is assigned:
includes the indicia for each
category to which a page is
“He uses the copy control system in [1] to create the following label:
assigned.
(PICS-1.1 "http://www.wipo.org/v1.5"
by "Mark Twain"
labels on "1994.11.05T08:15-0500"
for "http://www.twain.com/story.html"
full "http://www.twain.com/IP-notice.html"
ratings (print 1 save 1 quote 2))”
Khare at Using PICS for Copyright Notice and Control, § 2.2.
Hailpern discloses indicating the information contained in the META
tags on the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
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display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
27. The method of claim 19,
Khare discloses that PICS labels can be used by search engines:
further comprising making said
categorization label recognizable “This [the PICS categorization system] in turn can be used by search
by a search engine.
engines, proxy servers, agents, clients, and users for content selection
or to aid in rights compliance.“ Khare at Using PICS for Copyright
Notice and Control, Abstract.
“Finally, those skilled in the art will appreciate that a search engine
may use the META-tags (AMTs) maintained in accordance with the
current invention to increase the efficiency of searches it performs.”
Hailpern at col. 18, ll. 1-4.
28. The method of claim 1,
further comprising making said
categories to which a page is
assigned recognizable by a
search engine.

Khare discloses that PICS labels can be used by search engines:
“This [the PICS categorization system] in turn can be used by search
engines, proxy servers, agents, clients, and users for content selection
or to aid in rights compliance.“ Khare at Using PICS for Copyright
Notice and Control, Abstract.
“Finally, those skilled in the art will appreciate that a search engine
may use the META-tags (AMTs) maintained in accordance with the
current invention to increase the efficiency of searches it performs.”
Hailpern at col. 18, ll. 1-4.

29. The method of claim 1,
wherein said list of categories is
provided on a graphical user
interface.

Khare discloses that PICS labels can be used by search engines,
which inherently have a graphical user interface:
“This [the PICS categorization system] in turn can be used by search
engines, proxy servers, agents, clients, and users for content selection
or to aid in rights compliance.“ Khare at Using PICS for Copyright
Notice and Control, Abstract.
The categories described in Hailpern are displayed in a web browser,
which is a graphical user interface. “Internet Browser or Web
browser: A graphical interface tool that runs Internet protocols such
as HTTP, and display results on the customers screen.” Hailpern,
col. 2, ll. 1-3.

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30. A computer implemented
method for categorizing a
network page, comprising:

Hailpern discloses applying a META element/tag/label to an Internet
Web page (i.e., “network page”) using the PICS specification:
“An aspect of the current invention is a method to specify particular
information, which for the described embodiments employs placing
information in the META element specified in the HTTP protocol,
which may be called META-tags. In an exemplary Internet
implementation, the Platform for Internet Content Selection (PICS)
provides a specification for sending META-information concerning
electronic content. PICS is a World Wide Web Consortium (W3C)
Protocol Recommendation, and is described, for example, in Rating
Services and Rating Systems (and Their Machine Readable
Descriptions), version 1.1, W3C Recommendation Oct. 31, 1996, and
in PICS Label Distribution Label Syntax and Communication
Protocols, version 1.1, W3C Recommendation Oct. 31, 1996 (see also
http://www.w3.org/PICS).” Hailpern at col. 5, ll. 46-60.
Khare discloses using metadata such as Platform for Internet Content
Selection (“PICS”) to categorize the rights management of an Internet
web page:
“The World Wide Web Consortium is dedicated to 'Realizing the Full
Potential of the Web'. One of the core principles behind that
commitment is 'automatability': enabling rich meta-data and context
to be associated with Web content so computers and humans can
effectively find, communicate, and use information. Intellectual
Property Rights (IPR) are an example of "rich" information.” Khare
at § 1.
“Rights Declaration. We need deterministic statements of the rights
being claimed, and distribution mechanisms for binding these
declarations to the information objects. We believe that machinereadable meta-data formats & transport mechanisms, such as PICS,
are an ideal way to capture rights declarations. [See attached <draftreagle-PICS-copyright-00.txt>]”. Khare at § 2.1.

[a] providing a list of categories,
wherein said list of categories
include a category for
transacting business and a
category for providing
information, and wherein said
list of categories include a
plurality of categories based on
the copyright status of material
on a page;
-13-

Hailpern discloses that PICS labels can be used to classify/categorize
the content of web pages:
“For PICS, META-information about electronic content is grouped
according to the "rating service" or producer-and-intended-usage of
the information, and within one such group, any number of categories
or dimensions of information may be transmitted. Each category has
a range of permitted values, and for a specific piece of content, a
particular category may have a single value or multiple values. In
addition, the META-information group, known as a "PICS label",
GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

may contain expiration information.” Hailpern at col. 5, l. 65 – col.
6, l. 2.
Using META tags to categorize a network page as one that “transacts
business” or “provides information” was well-known in the art. See,
e.g., HTML 4.0 at § 7.4.4; HTML 4.0 at B.4. Furthermore, since
Hailpern discloses that all web pages can be classified, and it was
well known that web pages existed in the categories of “transacting
business” and “providing information”, it is inherent that Hailpern
provides a list of categories that includes “transacting business” and
“providing information”.
Khare discloses that PICS labels can be used to provide categories for
network pages based on the copyright status of material on the page:
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
providing the claimed list of categories. See Appendix A at claim
30[a].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
providing the claimed list of categories. See Appendix B at claim
30[a].
[b] providing a categorization
code for labeling the network
page with a categorization label,
wherein said categorization label
indicates a set of categories and
subcategories to which the
network page is assigned, and
wherein said categorization label
indicates the copyright status of
material on the network page;
-14-

Khare discloses using a system for categorizing web pages (i.e., a
categorization code) used to provide the copyright status of the web
page in a label:
“Detached labels can easily associate copyright information
with any web referenceable resource including audio and visual
content.” Khare at Using PICS for Copyright Notice and Control, §
2.3.
“This document presents an alternative expression mechanism for the
GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

and

copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at “Using PICS for Copyright Notice and Control”, §
2.1.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
providing a categorization code. See Appendix A at claim 30[b].

[c] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
providing a categorization code. See Appendix B at claim 30[b].
Hailpern discloses “providing indicia” of the information contained
in the META tags in the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
Khare discloses that PICS labels can be used to control usage of the
Web page:
“[H]ere is one possible course of events for Web [Rights
Management], based on the hypothesis that each layer will stabilize in
succession:
1. Rights Notification. Simple rights notification based upon a
standard meta-data labeling format. PICS is already converging as the

-15-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

meta-data format for content rating. Many browsers can provide
advisory notice that a site is labeled in some system (RSAC,
SafeSurf~~, etc) and the corresponding ratings for that page.
2.Application-specific Rights Management. The next step is a
series of applications which protect rights within a single context. For
example, an OS might only print or display fonts based on the
embedded label -- as already occurs with embedded TrueType fonts.
Browsers could be programmed to always consult a 'blacklist' of
copyright-infringing resources run by a trusted third party. Rights
labels could reflect ACLs and protections already enforced by
underlying security mechanisms. Finally, we already have interest in
high-value lock-box enveloped data with rights labels, such as
Cryptolopes.
3.General-purpose Rights Management. In some sense, rights
management can converge with trust management -- RM is the asking
of "permission to take specified actions upon a given resource." Just
as with PICS, users will start asking for customizable, portable
enforcement policies. The policy language and policy-enforcement
engines will become cross-application services.
4.Automated Settlement Models. Finally, automated policy engines
can interface with an electronic payments infrastructure to actively
seek out and settle rights. New social and business models will drive
the development of micropayments, aggregation services, and other
players which will make many kinds of rights easily and
inexpensively clearable.” Khare at § 2.3.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
“Multiple distribution methods (embedded within the document,
transported by the server, or distributed from a label bureau) improve
copy status and control management. Organizations can control the
use and access to their IPR from their server or proxy. Organizations
can also create "audit" spiders to understand the distribution and use
of their content on the Internet.” Khare at Using PICS for Copyright
Notice and Control, § 2.3.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

“providing indicia” of the categories. See Appendix A at claim 30[c].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
“providing indicia” of the categories. See Appendix B at claim 30[c].
31. A computer implemented
method of categorizing a
network page, comprising:

Hailpern discloses applying a META element/tag/label to an Internet
Web page (i.e., “network page”) using the PICS specification:
“An aspect of the current invention is a method to specify particular
information, which for the described embodiments employs placing
information in the META element specified in the HTTP protocol,
which may be called META-tags. In an exemplary Internet
implementation, the Platform for Internet Content Selection (PICS)
provides a specification for sending META-information concerning
electronic content. PICS is a World Wide Web Consortium (W3C)
Protocol Recommendation, and is described, for example, in Rating
Services and Rating Systems (and Their Machine Readable
Descriptions), version 1.1, W3C Recommendation Oct. 31, 1996, and
in PICS Label Distribution Label Syntax and Communication
Protocols, version 1.1, W3C Recommendation Oct. 31, 1996 (see also
http://www.w3.org/PICS).” Hailpern at col. 5, ll. 46-60.
Khare discloses using metadata such as Platform for Internet Content
Selection (“PICS”) to categorize the rights management of an Internet
web page:
“The World Wide Web Consortium is dedicated to 'Realizing the Full
Potential of the Web'. One of the core principles behind that
commitment is 'automatability': enabling rich meta-data and context
to be associated with Web content so computers and humans can
effectively find, communicate, and use information. Intellectual
Property Rights (IPR) are an example of "rich" information.” Khare
at § 1.
“Rights Declaration. We need deterministic statements of the rights
being claimed, and distribution mechanisms for binding these
declarations to the information objects. We believe that machinereadable meta-data formats & transport mechanisms, such as PICS,
are an ideal way to capture rights declarations. [See attached <draftreagle-PICS-copyright-00.txt>]”. Khare at § 2.1.

[a] providing a list of categories,
wherein said categories include
a category based on the
-17-

Hailpern discloses that PICS labels can be used to classify/categorize
the content of web pages:

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

copyright status of material on a
page, and wherein the copyright
status comprises categories
related to public domain, fair use
only, use with attribution, and
permission of copyright owner
needed;

“For PICS, META-information about electronic content is grouped
according to the "rating service" or producer-and-intended-usage of
the information, and within one such group, any number of categories
or dimensions of information may be transmitted. Each category has
a range of permitted values, and for a specific piece of content, a
particular category may have a single value or multiple values. In
addition, the META-information group, known as a "PICS label",
may contain expiration information.” Hailpern at col. 5, l. 65 – col.
6, l. 2.
Khare discloses that PICS labels can be used to categorize the
copyright status of a web page:
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to
associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Attachment: “Using PICS for Copyright Notice and
Control”, Abstract.
Khare discloses the copyright status of the web page is assigned to
the web page. The copyright status inherently includes the recited
categories:
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Attachment: “Using PICS for Copyright Notice and
Control”, § 2.1.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
providing the claimed list of categories. See Appendix A at claim
31[a].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses

-18-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

[b] assigning said network page
to one or more of a plurality of
said list of categories;

providing the claimed list of categories. See Appendix B at claim
31[a].
Hailpern discloses assigning an Internet Web page (i.e., “network
page”) using META tags and the PICS specification:
“An aspect of the current invention is a method to specify particular
information, which for the described embodiments employs placing
information in the META element specified in the HTTP protocol,
which may be called META-tags. In an exemplary Internet
implementation, the Platform for Internet Content Selection (PICS)
provides a specification for sending META-information concerning
electronic content. PICS is a World Wide Web Consortium (W3C)
Protocol Recommendation, and is described, for example, in Rating
Services and Rating Systems (and Their Machine Readable
Descriptions), version 1.1, W3C Recommendation Oct. 31, 1996, and
in PICS Label Distribution Label Syntax and Communication
Protocols, version 1.1, W3C Recommendation Oct. 31, 1996 (see also
http://www.w3.org/PICS).” Hailpern at col. 5, ll. 46-60.
Khare also discloses that PICS labels can be used to assign network
pages to categories:
“Rights Notification. Simple rights notification based upon a
standard meta-data labeling format. PICS is already converging as the
meta-data format for content rating. Many browsers can provide
advisory notice that a site is labeled in some system (RSAC,
SafeSurf~~, etc) and the corresponding ratings for that page.” Khare
at § 2.3.

[c] providing a categorization
label for the network page using
the copyright status of material
on the network page; and

Hailpern discloses displaying the information contained in the META
tags in the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
Khare discloses using META tags (i.e., categorization labels) for
copyright status:
“This document presents an alternative expression mechanism for the
copyright status of Web resources. Specifically it employs the
Platform for Internet Content Selection (PICS)[2] label format to

-19-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

associate web resources with their copyright and usage information.
This in turn can be used by search engines, proxy servers, agents,
clients, and users for content selection or to aid in rights compliance.
This document employs the copy control system described in [1].”
Khare at Using PICS for Copyright Notice and Control, Abstract.
“Detached labels can easily associate copyright information
with any web referenceable resource including audio and visual
content.” Khare at Using PICS for Copyright Notice and Control, §
2.3.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
providing the categorization label. See Appendix A at claim 31[c].

[d] controlling usage of the
network page using the
categorization label and the
copyright status of the network
page.

In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
providing the categorization label. See Appendix B at claim 31[c].
Hailpern discloses “providing indicia” of the information contained
in the META tags in the network page:
“The present invention also provides a method whereby the METAtagged links of a retrieved web page (if available) can be annotated to
display their corresponding META-tags. This method involves the
steps of: 1) using a client-side proxy to examine the META-tag of a
Web page or objects and 2) displaying the associated META-tag
information with each link (e.g., HTTP link) in the web page, if
available.” Hailpern at col. 16, ll. 15-21.
Khare discloses that PICS labels can be used to control usage of the
Web page:
“[H]ere is one possible course of events for Web [Rights
Management], based on the hypothesis that each layer will stabilize in
succession:

-20-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

1. Rights Notification. Simple rights notification based upon a
standard meta-data labeling format. PICS is already converging as the
meta-data format for content rating. Many browsers can provide
advisory notice that a site is labeled in some system (RSAC,
SafeSurf~~, etc) and the corresponding ratings for that page.
2.Application-specific Rights Management. The next step is a
series of applications which protect rights within a single context. For
example, an OS might only print or display fonts based on the
embedded label -- as already occurs with embedded TrueType fonts.
Browsers could be programmed to always consult a 'blacklist' of
copyright-infringing resources run by a trusted third party. Rights
labels could reflect ACLs and protections already enforced by
underlying security mechanisms. Finally, we already have interest in
high-value lock-box enveloped data with rights labels, such as
Cryptolopes.
3.General-purpose Rights Management. In some sense, rights
management can converge with trust management -- RM is the asking
of "permission to take specified actions upon a given resource." Just
as with PICS, users will start asking for customizable, portable
enforcement policies. The policy language and policy-enforcement
engines will become cross-application services.
4.Automated Settlement Models. Finally, automated policy engines
can interface with an electronic payments infrastructure to actively
seek out and settle rights. New social and business models will drive
the development of micropayments, aggregation services, and other
players which will make many kinds of rights easily and
inexpensively clearable.” Khare at § 2.3.
“In [1], Daviel specified a system in which a Web document has
"Print", "Save", and "Quote" variables associated with it, where ({0 =
disallowed}, {1 = conditionally allowed}, {2 = unconditionally
allowed}). These permissions are associated with a document by
encoding them in an HTTP header, or HTML META tag. PICS is a
more effective means of associating Web resources with their
copyright status and control information as demonstrated in section
2.3.” Khare at Using PICS for Copyright Notice and Control, § 2.1.
“Multiple distribution methods (embedded within the document,
transported by the server, or distributed from a label bureau) improve
copy status and control management. Organizations can control the
use and access to their IPR from their server or proxy. Organizations
can also create "audit" spiders to understand the distribution and use
of their content on the Internet.” Khare at Using PICS for Copyright
Notice and Control, § 2.3.
In the alternative, if Hailpern and Khare are found not to satisfy this
-21-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D

claim limitation, Hailpern in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
“providing indicia” of the categories. See Appendix A at claim 31[d].
In the alternative, if Hailpern and Khare are found not to satisfy this
claim limitation, Hailpern in combination with the teachings of
Dublin disclose the limitation of this claim. Dublin discloses
“providing indicia” of the categories. See Appendix B at claim 31[d].

-22-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX D