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 H
U.S. Pat. No. 7,181,459

Cole in view of Khare or Resnick or Dublin

1. A computer implemented method
of categorizing a network page,
comprising:

Cole discloses a categorizing system for network pages,
implemented on a computer: “A computer system identifies web
pages of interest to a client. The system comprises a cataloging
function which defines a hierarchy of subject categories, logically
arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at Abstract;
Cole at col. 2, ll. 35-41.
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
machine-readable meta-data formats & transport mechanisms,
such as PICS, are an ideal way to capture rights declarations. [See
attached <draft-reagle-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. Cole and
Khare both disclose a system for categorizing network pages.
Therefore the motivation to combine the references is inherent in
the references.

[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;

-1-

Cole discloses providing a list of categories: “The system
comprises a cataloging function which defines a hierarchy of
subject categories, logically arranges a multitude of web pages in
the categories and periodically adds web pages to the categories.”
Cole at col. 2, ll. 35-41.
“The cataloging form supports both hierarchical and key word
searching, and lists the broad categories 42—recreation, arts,
business, science, education . . . obtained from the cataloging

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

function.” Cole at col. 4, ll. 35-38.
Khare discloses that labels, such as the PICS label, can be used to
indicate 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
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 the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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. Cole and Resnick both
disclose a system for categorizing network pages. Therefore the
motivation to combine the references is inherent in the references.
See Appendix A, at claim 1[a].
In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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. Cole and Dublin both disclose a system
for categorizing network pages. Therefore the motivation to
combine the references is inherent in the references. See Appendix
B, at claim 1[a].
[b] assigning said network page to
one or more of said list of
categories;

-2-

Cole discloses assigning network pages to one or more categories
provided by the system: “The system comprises a cataloging
function which defines a hierarchy of subject categories, logically
arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at col. 2, ll.
36-40.

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

“In the illustrated embodiment, 30 the key word search also
utilizes cataloging function 20, but alternately could use a
different key-word search engine provided the engine assigns a
category to each data web page and is periodically updated with
new data web pages.” Cole at col. 5, ll. 30-34; Cole at col. 9, ll. 59.
Khare also discloses that PICS labels can be used to assign
network pages to categories:
“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.
“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

Cole discloses indicating the categorization label for the network
page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of
the data web pages which include the key word and the category
of each of the data web pages referenced by the hot links. Then,
profile building function adds the header and footer to the results
and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; Cole at col. 9, ll. 21-27.
Khare also discloses indicating the categorization label for the
network page to the user: “This document presents an alternative
expression mechanism for the copyright status of Web resources.

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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.
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
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 Resnick and Khare are found not to satisfy
this claim limitation, Resnick 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

-4-

In the alternative, if Resnick and Khare are found not to satisfy
this claim limitation, Resnick 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].
Cole discloses “providing indicia” of the categorization label for

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

page using the categorization label
and the copyright status of the
network page.

the network page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of
the data web pages which include the key word and the category
of each of the data web pages referenced by the hot links. Then,
profile building function adds the header and footer to the results
and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; Cole at col. 9, ll. 21-27.
Khare discloses that categorization 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 enforcement policies. The policy language

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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 Resnick and Khare are found not to satisfy
this claim limitation, Resnick 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 Resnick and Khare are found not to satisfy
this claim limitation, Resnick 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.

-6-

Khare discloses a plurality of categories based on 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 =

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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.
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 categorize the
copyright status of a web page:

16. The method of claim 1, further
comprising providing an indicium
for each of said categories.

Cole discloses providing an indicium for each of the categories:

“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.

“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
Khare discloses using 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.

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

17. The method of claim 16,
wherein said indicium comprises an
icon.

Khare discloses describing categories with icons:
“Many Rating Systems: systems provide multiple axes with
rational points (some points can be described with text and icons)”
Khare at Using PICS Labels for Trust Management.
In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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.

Cole discloses providing a hierarchy to create a label for each of
the categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
Khare discloses using metadata (i.e., a categorization code) 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.

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

20. The method of claim 19,
wherein said categorization code
comprises an indicium for each of
said categories.

Cole discloses providing an indicium for each of the categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
Khare discloses using a META tag (i.e., an indicium) to create a
label with multiple categories of copyright status:
“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.

21. The method of claim 20,
wherein said indicium comprises
two letters.

Cole provides that the category hierarchy may be stored in a
database and the first two letters of the code may be used to
designate the category. Cole at col. 4, ll. 10-11.
Khare does not limit the metadata to less than two letters.

22. The method of claim 20,
wherein said categorization label
includes the indicia for each
category to which a page is
assigned.

-9-

Cole discloses providing an indicium for each of the categories:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

Khare discloses using a META tag (i.e., an indicium) to create a
label with multiple categories of copyright status:
“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.
27. The method of claim 19, further
comprising making said
categorization label recognizable by
a search engine.

Khare discloses that PICS labels can be used by search engines:

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:

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 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.

“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.

“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.

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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

Cole discloses a categorizing system for network pages,
implemented on a computer: “A computer system identifies web
pages of interest to a client. The system comprises a cataloging
function which defines a hierarchy of subject categories, logically
arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at Abstract;
Cole at col. 2, ll. 35-41.
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
machine-readable meta-data formats & transport mechanisms,
such as PICS, are an ideal way to capture rights declarations. [See
attached <draft-reagle-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;

Cole discloses providing a list of categories: “The system
comprises a cataloging function which defines a hierarchy of
subject categories, logically arranges a multitude of web pages in
the categories and periodically adds web pages to the categories.”
Cole at col. 2, ll. 35-41.
“The cataloging form supports both hierarchical and key word
searching, and lists the broad categories 42—recreation, arts,
business, science, education . . . obtained from the cataloging
function.” Cole at col. 4 ll. 35-38.
Khare discloses that PICS labels can be used to categorize
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

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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 the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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].

[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;
and

In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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].
Cole discloses providing a categorization code for labeling a
network page:
The flow chart of FIG. 11 illustrates automatic operations
performed by profile building server 510. Once each day, for
example, at 2:00 AM (decision 600), profile building server 510
sends a request to the catalog server 520 for data entries for
all new URLs/web pages added that day to the catalog server's
database 35 (and hierarchy). Each data entry includes a respective
URL, descriptive information for the URL such as its title or first
paragraph, and the category in which the new URL falls. Catalog
server 520 returns the data entries to profile building server 510
which stores the data entries with a date stamp for each (step 602).
Profile building server 510 stores the data entries grouped by
category.
Cole also discloses a categorization label indicating the categories
to which the page is assigned:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
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 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 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 Cole and Khare are found not to satisfy this
claim limitation, Cole 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

-13-

In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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].
Khare discloses that PICS labels can be used to control usage of
the Web page:

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

network 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 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

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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 Cole and Khare are found not to satisfy this
claim limitation, Cole in combination with the teachings of
Resnick disclose the limitation of this claim. Resnick discloses
“providing indicia” of the categories. See Appendix B, at claim
30[c].
In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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:

Cole discloses a categorizing system for network pages,
implemented on a computer: “A computer system identifies web
pages of interest to a client. The system comprises a cataloging
function which defines a hierarchy of subject categories, logically
arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at Abstract;
Cole at col. 2, ll. 35-41.
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
machine-readable meta-data formats & transport mechanisms,
such as PICS, are an ideal way to capture rights declarations. [See
attached <draft-reagle-PICS-copyright-00.txt>]”. Khare at § 2.1.

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

-15-

Cole discloses providing a list of categories: “The system
comprises a cataloging function which defines a hierarchy of
subject categories, logically arranges a multitude of web pages in

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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;

the categories and periodically adds web pages to the categories.”
Cole at col. 2, ll. 35-41.
Khare discloses that PICS labels can be used to categorize
network pages based on the copyright status of material on the
page:
“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 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.
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 2.3.” Khare at Using PICS for Copyright
Notice and Control, § 2.1.
In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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 Cole and Khare are found not to satisfy this
claim limitation, Cole 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 31[a].

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

[b] assigning said network page to
Cole discloses assigning network pages to one or more categories
one or more of a plurality of said list provided by the system: “The system comprises a cataloging
of categories;
function which defines a hierarchy of subject categories, logically
arranges a multitude of web pages in the categories and
periodically adds web pages to the categories.” Cole at col. 2, ll.
36-40.
“In the illustrated embodiment, 30 the key word search also
utilizes cataloging function 20, but alternately could use a
different key-word search engine provided the engine assigns a
category to each data web page and is periodically updated with
new data web pages.” Cole at col. 5, ll. 30-34; Cole at col. 9, ll. 59.
Khare discloses that PICS labels assign network pages to one or
more categories:
“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 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.

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

-17-

“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.
Cole discloses indicating the categorization label for the network
page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form
comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of
the data web pages which include the key word and the category
of each of the data web pages referenced by the hot links. Then,
profile building function adds the header and footer to the results
and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; Cole at col. 9, ll. 21-27.
Khare discloses using a metadata/PICS label (i.e., a label) to
provide the copyright status of the web page:
“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 Cole and Khare are found not to satisfy this
claim limitation, Cole 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].
In the alternative, if Cole and Khare are found not to satisfy this
claim limitation, Cole 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].
[d] controlling usage of the network
page using the categorization label
and the copyright status of the
network page.

-18-

Cole discloses indicating the categorization label for the network
page to the user:
“Typically, the client will proceed further down the hierarchy by a
repetition of selections from the current web page (decision 239)
in which case, the processing loops back to step 220. Each time
the client is furnished with the corresponding cataloging form

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

comprising hot links to a list of subcategories and hot links to data
web pages. However, at any category in the hierarchy which
includes a hot link to a data web page, the client can also select
the hot link to the data web page (client step 241).” Cole at col. 5,
ll. 13-21; Cole at col. 8, ll. 56-64; Cole at Fig. 5.
“These results [from step 332 of Fig. 7] include a list of titles of
the data web pages which include the key word and the category
of each of the data web pages referenced by the hot links. Then,
profile building function adds the header and footer to the results
and sends the html to client 12 (step 334).” Cole at col. 5, ll. 5459; Cole at col. 9, ll. 21-27.
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 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

-19-

GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H

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 Cole and Khare are found not to satisfy this
claim limitation, Cole 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 Cole and Khare are found not to satisfy this
claim limitation, Cole 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].

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GOOGLE’S INVALIDITY CONTENTIONS - APPENDIX H