Timebase Pty Ltd v. Thomson Corporation, The
Filing
138
NOTICE by Timebase Pty Ltd Joint Claim Construction Statement and Certificate of Service (Attachments: # 1 Joint Claim Construction Chart)(Hosteny, Joseph) Modified text on 5/17/2010 (jz).
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Amended (TimeBase)
Terms (Identified by)
A
`228 claims 1, 8, 24, 31, 42
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Plain and ordinary meaning, that is, altered or changed; altered formally by modification, deletion or addition.
Intrinsic Evidence: 2:2-30; 3:10-35; 5:23, 35-40; 7:32-40; 9:25-40; 11:3-7; 14:44; 71-72:3-8, 24-28; 73-74:36-38; 79-80:15-19; 89-90:8-10. Extrinsic Evidence: Merriam-Webster, Webster's Ninth New Collegiate Dictionary, 1987, page 78; (e.g., "to change or modify for the better;" "to alter formally by modification, deletion or addition.") A piece of code or mark-up that describes a point on an axis of a multidimensional space for example, the section number, or ID, or the effective date of a section of statute. Page 1 of 25
Changed or altered in some way Intrinsic Evidence: Claims listed in column B Dictionary Definitions:
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"To change the form or quality of something, usually only slightly." Chambers 21st Century Dictionary (1996).
2
Attributes (all parties)
`592 claims 1, 3, 5, 12, 13, 14, 20, 22, 24, 31, 32, 33, 40, 42, 44, 51, 52, 53, 59, 60, 61
`228 claims 1, 2, 13,
"To change or alter; esp., to change slightly or partially in character, form, etc." Webster's New World College Dictionary (1999). Characteristics or descriptors of textbased data Intrinsic Evidence: Claims listed in column B
"To change somewhat the form or qualities of; alter partially; amend." Random House Webster's College Dictionary (2000).
2
Terms (Identified by)
A
14, 15, 24, 25, 36, 37, 38
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Intrinsic Evidence: Abstract; 4:10-12; 7:19-21; 31:15-20; 93:30-35; 97:4; 99:25; 101:37; 103:19; 105:3-9, 25-37; 111:35-37; 113:132; 115:1-35; 119:35-38; 121:5-8, 2537; 123:20-35; 125:14-16; 151:20-50; 155:11-14; 156:22-26; 157:40-45. `592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6. Extrinsic Evidence:
`592 and '228 Patents:1
Possibly Extensible Markup Language (XML), W3C Working Draft 14-Nov-96 and A Gentle Introduction to SGML, Chapter two of Guidelines for Electronic Text Encoding and Interchange (TEI P3), edited by C. M. Sperberg-McQueen and Lou Burnard, currently available at http://www.isgmlug.org/sgmlhelp/gindex.htm, 1994. Rebuttal reserved. Page 2 of 25
Column and line numbers throughout Thomson / West's citations refer to the `592 patent specification, but are meant to include the corresponding excerpts from the `228 specification, into which the entire `592 specification is incorporated.
1
Col. 7:4345
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`592 Reexamination:
Dictionary Definitions:
Examiner's Statement, Jan. 30, 2009, at 3.
"A quality, characteristic, feature." Chambers 21st Century Dictionary (1996).
"A quality, character, characteristic, or property attributed as belonging to a person, thing, group, etc." Random House Webster's College
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Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded) `228 claims 1, 24
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Dictionary (2000). Intrinsic Evidence:
Dividing (TimeBase)
Separating into suitable portions.
Intrinsic Evidence: `592: 5:61 to 6:2; 7:10-17, and 41-58; 9:10-18; 14:23-32. `228: 10:18-27; 11:37-43; 12:1-8; 13:39-46; 21:36-40; 18: 48-56; 163:14; 164:61. `592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6.
Separating into two or more parts Claims listed in column B Dictionary Definitions
"A characteristic or quality of a person or thing." Webster's New World College Dictionary (1999).
Thomson/West's Proposed Construction and Support
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"1 to separate into parts." The World Book Dictionary, Volume 1, A-K (1994). "Separate into . . . parts or smaller groups; split up; break or cut apart." The New Shorter Oxford English Dictionary on Historical Principles, Volume 1 (1993).
Extrinsic Evidence: None at present. Rebuttal reserved. Page 3 of 25
"To separate into parts or groups, or to cause (something) to separate in such a way." Cambridge Dictionary of American English
3 4
Displaying `228 claims 1, 13, (Thomson/ West) 24, 36
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Putting on a visual output device of a computer; presenting data visually; providing a visual presentation of data. Output devices include printers, plotters and other reproductive devices. Intrinsic Evidence: 11:58-12:1; 12:12-15; 12:17-21.
Showing on a computer screen Intrinsic Evidence: Col. 11:5859 Claims listed in column B `592 and '228 Patents: Fig. 5, including 516
(1999).
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Col. 12:1214 Extrinsic Evidence: Microsoft Computer Dictionary, Microsoft Press, Dictionary Definitions 1991, page 111, IBM Dictionary of "To show text and graphics on a Computing, 10th ed., 1993, page 206, CRT or flat panel screen." The (e.g., "display" is a "visual Computer Glossary, 8th Edition presentation of data"), Encyclopedia of (1998). Computer Science & Engineering, Anthony Ralston, Van Nostrand "(1)(A) To present data visually. . . . Reinhold, 2d ed. 1983, page 495. (6)(B) (computer graphics) To (Display devices include, e.g., "printers visually present data or other or card readers.") graphics . . . (7) To output to the terminal of the user." The IEEE Standard Dictionary of Electrical and Electronics Terms, 6th Edition Page 4 of 25
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Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Each (Thomson/ West)
`592 claims 1, 20, 40, 59, 60, 61 `228 claims 1, 24
Plain and ordinary, referring individually to things.
Intrinsic Evidence: Abstract; 2:13; 3:47-54;4:4-10; 5:65; 7:14-21; 10:4244, 57; 12:8; 14:32-37; 155:5, 28; 156:8, 15, 18, 23, 39; 157:17, 34-35, 56; 158:45, 51. Extrinsic Evidence, if any: New Shorter Oxford English Dictionary, 5th Ed., 2002, Oxford University Press, Inc., page 781 (e.g., "each one,... : referring individually to things....")
"5. to show (computer data) on a CRT or other screen." Random House Webster's College Dictionary (2000). Every one considered separately Intrinsic Evidence: Claims listed in column B Dictionary Definitions "Applied to every one of two or more people or items considered separately"; "every single one of two or more people, animals or things." Chambers 21st Century Dictionary (1996).
(2000).
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Page 5 of 25
"Every one of two or more considered individually or one by one." Random House Webster's College Dictionary (2000).
"Every one of two or more considered separately." Webster's New World College Dictionary
5 6
Graphical `228 claims 24, 36 representation (Thomson/ West)
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
"Graphical representation" means a written, printed or pictorial presentation or display. Intrinsic Evidence: 11:58-12:1; 12:12-15; 12:17-21. `228: 16:20-30; 31:10-15; 16:41-43; 165:19; 166:12.
(1999). A pictorial presentation or pictorial display Intrinsic Evidence: `228 File History: Claims listed in column B Extrinsic Evidence: Nov. 8, 2004 response, at 28.
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Extrinsic Evidence: IBM Dictionary of Computing, 10th ed., 1993, page 301 (e.g., "graphic: a symbol produced by a process such as handwriting, drawing, or printing.").
U.S. Patent No. 5,767,854, Anwar, M., "Multidimensional Data Display and Manipulation System and Methods for Using Same," (Sept. 27, 1996) ("Anwar 1996") [SAIC0016651717], including Figs. 17, 10, 11, 13, 14, 21 37. Caplinger, M., "Graphical database browsing," ACM SIGOIS Bulletin, Vol. 7 Issue 2-3, 1986 ("Caplinger 1986") [THOM0020897987], generally.
Sept. 19, 2005 response, at 4.
Page 6 of 25
6
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Jarke, M., et al., Fundamentals of Data Warehouses ("Jarke") [THOM0022395870], see, e.g., 8889, 187, Figs. 5.1, 5.8.
Thomson/West's Proposed Construction and Support
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Taylor, C., Tudhope, D., BeynonDavies, P., "Technical Briefing Representation and Manipulation of Conceptual Temporal and Geographical Knowledge in a Museum Hypermedia System," (1994) ("Taylor 1994") [THOM0019802227], e.g., 242. Stonebraker, M., Chen, J., Nathan, N., Paxson, C., Wu, J., "Tioga: Providing Data Management Support for Scientific Visualization Applications," 1994 IEEE Symposium on Visual Languages (1994) ("Stonebraker 1994") [THOM0020921326], e.g., 5. Sperley, E., The Enterprise Data Warehouse: Planning, Building, and Implementation (1999) ("Sperley 1999") [THOM0022156799], e.g.,
Page 7 of 25
6
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
235.
U.S. Patent No. 6,144,962, Weinberg, A., "Visualization of Web Sites and Hierarchical Data Structures," (April 11, 1997) ("Weinberg 1997") [THOM0021014690] at e.g. Figs. 1-6, 13-16, 18-19, 21-24, and accompanying text. Dictionary Definitions Chambers 21st Century Dictionary (1996). Graphical: "relating to graphs; shown by means of a graph"
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Page 8 of 25
Random House Webster's College Dictionary (2000).
Graph: "a diagram that illustrates the way in which one quantity varies in relation to another, usually consisting of horizontal and vertical axes . . . which cross each other at a point called the origin"
6
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Thomson/West's Proposed Construction and Support
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7
Linking means (all parties)
`592 claims 1, 5, 8, 9, 10, 20, 24, 27, 28, 29, 40, 44, 47, 48, 49, 59, 60, 61
A connection which utilizes any piece of code or mark-up that allows departure and destination points to be created to portions, between portions or between related material and portions.
Graphic: "pertaining to the use of diagrams, graphs, mathematical curves, or the like; diagrammatic" Governed by 35 U.S.C. § 112 ¶ 6 Structure: markup language consisting of a single reference ID which uniquely identifies a specific block of text-based data
Graphical: "of or pertaining to a graphical user interface or its components"; "graphic"
If 35 U.S.C. §112, ¶6 applies: Linking means function: The function to be performed if § 112, paragraph 6 applies is set forth in claims 1, 5, 8, Intrinsic Evidence: 9, 10, 20, 24, 27, 28, 29, 40, 47, 48, 49, Claims listed in column B 59, 60 and 61. Generally speaking, the main function of a linking means is to `592 and '228 Patents: connect portions to other portions Figs. 3, 4, 14 and other related material, as set forth Col. 4:5457 in the literal language of the applicable claims. Page 9 of 25
Function: logically connecting a block of text-based data to another specific block of text-based data
7
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Linking means structure: A piece of information of a code or mark-up that is used to connect to, or between portions or between related material and portions. Intrinsic Evidence: 4:21-24; 5:2327; 10:7-18, 24-36, 37-50; 11:7-12; 155:6-10, 25-30, 37-39, 40-43, 46-47; 156:18-22, 38-42, 49-50; 157:36; 158:11-21. Extrinsic Evidence: Possibly Extensible Markup Language (XML), W3C Working Draft 14-Nov-96 or A Gentle Introduction to SGML, Chapter two of Guidelines for Electronic Text Encoding and Interchange (TEI P3), edited by C. M. Sperberg-McQueen and Lou Burnard, currently available at Page 10 of 25
Col. 5:46
Col. 9:6510:3 Col. 13:6163
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Col. 12:6413:35 Cols. 35/36:39 Cols. 97/98:36 Cols. 97/98:2531
`592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6.
Cols. 121/122:3338 Cols. 123/124:128
`592 Prosecution History
Australian Patent Application filed January 31, 1997, and subsequently submitted to U.S. PTO during prosecution of the `592 patent application, at Figs. 8, 10, 14. Feb. 15, 2001 Comments on Statement of Reasons for Allowance, at 2.
7
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
http://www.isgmlug.org/sgmlhelp/gindex.htm, 1994. Rebuttal reserved.
`228 Patent
Related Patent Application 10/196,802 TimeBase Sept. 19, 2005 Response ("R1"), at, e.g., 9.
Col. 3:664:2
Thomson/West's Proposed Construction and Support
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EPO Proceedings
Paragraph [0050]
Extrinsic Evidence:
TimeBase Documents
TB000384, TB000387: Technology Assessment of MALT Product TB00450305: MALTlink-- Unbreakable Data Links TB009482, TB009484: TimeBase Background
TB001460, TB00146672: MALT XML Structure Management System TB012784, TB012796: The Technology--The Development of a
Page 11 of 25
7
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Prototype n-Dimensional XML Repository of Information Patent
TB0036564: MALT XML Frequently Asked Questions U.S. Patent No. 5,355,472, at Col. 1:4553
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Dictionary Definitions
"v. 1. To connect or join. 2. To associate." Chambers 21st Century Dictionary (1996).
"n. 4. Anything serving to connect or tie. v. to join together with or as with a link or links." Webster's New World College Dictionary, 4th Edition (1999).
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"n. 2. anything serving to connect one part or thing with another; a bond or tie. 7. Computers. an object, as text or graphics, linked through hypertext to a document, another object, etc. v. 11. To join by or as if
7 8
Terms (Identified by) Link (all parties)
A
Appears in Claims (Independent Claims Bolded) `228 claims 1, 5, 6, 7, 13, 15, 16, 17, 18, 24, 28, 29, 30, 38, 39, 40, 41
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support A connection which utilizes any piece of code or mark-up that allows departure and destination points to be created to portions, between portions or between related material and portions. Intrinsic Evidence: 4:21-24; 5:2327; 10:7-18, 24-36, 37-50; 11:7-12; 155:6-10, 25-30, 37-39, 40-43, 46-47; 156:18-22, 38-42, 49-50; 157:36; 158:11-21. Extrinsic Evidence: Possibly Extensible Markup Language (XML), W3C Working Draft 14-Nov-96 or A Gentle Introduction to SGML, Chapter two of Guidelines for Electronic Text Page 13 of 25 C
A logical connection between a block of text-based data and another specific block of text-based data, where the logical connection is markup language consisting of a single reference ID, which uniquely identifies the specific block of textbased data Intrinsic & Extrinsic Evidence: Claims listed in column B Same support as for "linking means" above
by a link or links; unite." Random House Webster's College Dictionary (2000).
Thomson/West's Proposed Construction and Support
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`592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6.
8
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Encoding and Interchange (TEI P3), edited by C. M. Sperberg-McQueen and Lou Burnard, currently available at http://www.isgmlug.org/sgmlhelp/gindex.htm, 1994. Rebuttal reserved.
Thomson/West's Proposed Construction and Support
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Modified (TimeBase)
`592 claims 1, 20, 40, 59, 60, 61
Plain and ordinary meaning; changed or altered in some way.
Intrinsic Evidence: Abstract; 3:50Claims listed in column B 52, 62-64; 4:7-9; 7:15; 155:6, 9, 14, 20, 22; 156:17, 20, 25, 34; 157:13, 38, 43, 50, 52; 158:34, 41. Extrinsic Evidence: None at present. Rebuttal reserved. Page 14 of 25
Same construction and support as "amended" above.
10
Multidimensional `592 claims 1, 5, 20, space (all parties) 24, 40, 44, 59, 60,
Multidimensional space refers to an An area not having boundaries and area not having boundaries and that is that is capable of, or involves, more
10
Terms (Identified by)
A
61
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
`228 claims 1, 13, 24, 36
capable of, or involves, more than three dimensions.
Intrinsic Evidence: 7:52-54; Figures 1-4; 8:10-20; 10:48-59; 11:14-17; 155:11-14; 156:21-25; 157:41-44.
than three dimensions, where the dimensions are axes along which point-to-point movement is allowed Intrinsic Evidence: Figs 14, 14, 15 Col. 4:1726 Col. 4:6365 Col. 5:4651 Col. 7:528:12 Col. 10:2628 `228 Patent Col. 13:4454 Col. 4:2748 Col. 20:115 Claims listed in column B `592 and '228 Patents:
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`592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6.
Extrinsic Evidence: None at present. Rebuttal reserved.
Col. 10:4811:11
Page 15 of 25
10
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Col. 21:78
Col. 21:3622:25 Col. 22:5323:3
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`592 Prosecution History:
Australian Patent Application filed January 31, 1997, and subsequently submitted to U.S. PTO during prosecution of the `592 patent application, at Figs. 14, 13, 15. Reexam Response, May 12, 2008, at 1516. Reexam Examiner's Statement, Jan. 30, 2009, at 3, 56. Nov. 8, 2004 Response, at 2021. TimeBase response to EPO, Sept. 19, 2005 ("R1"), at 1011.
`228 Prosecution History
EPO Proceedings
Page 16 of 25
TimeBase response to EPO, Apr. 5,
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Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Extrinsic Evidence:
2007 ("R3"), at 67.
Caplinger, M., "Graphical database browsing," ACM SIGOIS Bulletin, Vol. 7 Issue 2-3, 1986 ("Caplinger 1986") [THOM0020897987], at e.g. 113-17. Stonebraker, M., Chen, J., Nathan, N., Paxson, C., Wu, J., "Tioga: Providing Data Management Support for Scientific Visualization Applications," 1994 IEEE Symposium on Visual Languages (1994) ("Stonebraker 1994") [THOM00209213 THOM00209226], e.g.,5. Sperley, E., The Enterprise Data Warehouse: Planning, Building, and
TimeBase response to EPO, May 2, 2008 ("R5"), at 45.
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Jarke, M., et al., Fundamentals of Data Warehouses ("Jarke"). See, e.g., 8889, 187 [THOM00223958 THOM00223970].
Page 17 of 25
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Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Implementation (1999) ("Sperley 1999") [THOM00221567-599], e.g.,235. Dictionary Definition: Intrinsic Evidence: Col. 7:4951
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Portion (all parties)
`592 claims 1, 4, 5, 9, 10, 11, 13, 14, 15, 17, 19, 20, 23, 24, 28, 29, 30, 32, 33, 34, 36, 39, 40, 43, 44, 48, 49, 50, 52, 53, 54, 56, 58, 59, 60, 61
A part of a writing or written work and more than a single word, for example, a section in the case of a statute, act or regulation.
"Having or relating to more than three dimensions." Chambers 21st Century Dictionary (1996). A block of text-based data Claims listed in column B `592 and '228 Patents: Col. 11:1012 Col. 11:3436 Fig. 6, including 618
`228 claims 1, 7, 8, 10, 12, 13, 15, 17, `592 Reexam, Notice of Intent to Issue 18 ,19, 21, 24, 29, Ex Parte Reexamination Certificate, 30, 31, 33, 35, 36, January 30, 2009, pages 2-6. 38, 40, 41, 42, 44, 46 Page 18 of 25
Intrinsic Evidence: Abstract; 5:606:2; 7:6-14, 41-48; 9:10-15; 11:35-36; 155:3-6; 156:3-12, 14-17; 157:16-21, 26-29; 158:145-155. Extrinsic Evidence: None at present. Rebuttal reserved.
`592 Prosecution History:
Amendment After First Office Action, June 27, 2000, at 1213.
11 12
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded) `592 claims 1, 4, 5, 10, 11, 13, 14, 15, 17, 19, 20, 23, 24, 29, 30, 32, 33, 34, 36, 39, 40, 43, 44, 49, 50, 52, 53, 54, 56, 58, 59, 60, 61
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Predefined (TimeBase)
TB03656367: MALT XML Frequently Asked Questions The size or structural type of a portion See Thomson / West's Proposed determined based upon an analysis of Construction and Support for the nature of the information and "Predefined portion" knowledge of how the information will be used. TimeBase Document: Intrinsic Evidence: 5:61-6:2; 7:1017, 45-48; 9:10-14; `592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6. Extrinsic Evidence: None at present. Rebuttal reserved. Predefined: The size or structural type of a portion determined based upon an analysis of the nature of the information and knowledge of how the information will be used. Page 19 of 25
Extrinsic Evidence:
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13
Predefined `592 claims 1, 4, 5, portion 10, 11, 13, 14, 15, (Thomson/ West) 17, 19, 20, 23, 24, 29, 30, 32, 33, 34, 36, 39, 40, 43, 44,
A block of text-based data that has been chosen for storage Intrinsic Evidence: Claims listed in column B
13
Terms (Identified by)
A
49, 50, 52, 53, 54, 56, 58, 59, 60, 61
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
Portion: A part of a writing or written work and more than a single word, for example, a section in the case of a statute, act or regulation. Intrinsic Evidence: As to "predefined," 5:61-6:2; 7:10-17, 45-48; 9:10-14. As for "portion," Abstract; 5:60-6:2; 7:6-14, 41-48; 9:10-15; 11:35-36; 155:3-6; 156:3-12, 14-17; 157:16-21, 26-29; 158:145-155.
`592 and '228 Patents: Col. 7:1417
Abstract
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Means for searching/ searching means (all parties)
Extrinsic Evidence: None at present. Rebuttal reserved. `592 claims 2, 3, 4, 5, Function: As set forth in the claims. 21, 22, 23, 24 Structure: software for locating textbased data using attributes, links, portions, words or phrases, or the Page 20 of 25
`592 Reexam, Notice of Intent to Issue Ex Parte Reexamination Certificate, January 30, 2009, pages 2-6.
Governed by 35 U.S.C. § 112 ¶ 6
Function: permitting a user to enter a search request
14
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
equivalent.
Intrinsic Evidence: 5:19-21; 7:24-26, Intrinsic Evidence: 49-51; 12:42-55; 14:6-21; 101:15-20; 155:15-20; 156:26-34; 157:45-52. Claims listed in column B Extrinsic Evidence: Fundamentals of `592 and '228 Patents: Database Systems, Ramez Elmasri and Fig. 6, including 624 Shamkant B. Navanthe, AddisonFigs. 16 and 17 Wesley, 2d ed. 1994 pages 11 ("A DBMS is a complex software system Col. 4:3335 that consists of many components or Col. 8:3437 modules, including modules for implementing the catalog, query Col. 9:4460 language, interface processors, data access and security.") and 14 Col. 11:3644 ("Because many types of users, with Col. 11:5458 varying levels of technical knowledge, use a database, a DBMS should Col. 12:3749 provide a variety of user interfaces. Col. 14:717 These include query languages for casual users, programming language interfaces for application programmers, forms and command codes for parametric users, and menudriven interfaces and natural Page 21 of 25
Structure: text retrieval software having a user interface
Thomson/West's Proposed Construction and Support
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14 15
Step of searching / searching step (all parties)
Terms (Identified by)
A
`592 claims 41, 42, 43, 44
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
language interfaces for stand-alone users."). Function: As set forth in the claims. Acts: using software to locate textbased data using attributes, links, portions, words or phrases, or the equivalent.
Governed by 35 U.S.C. § 112 ¶ 6
Thomson/West's Proposed Construction and Support
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Intrinsic Evidence: 5:19-21; 7:24-26, Same support as "means for searching 49-51; 12:42-55; 14:6-21; 101:15-20; / searching means" above. 155:15-20; 156:26-34; 157:45-52. Claims listed in column B Extrinsic Evidence: Fundamentals of Database Systems, Ramez Elmasri and Shamkant B. Navanthe, AddisonWesley, 2d ed. 1994, pages 11 ("A DBMS is a complex software system that consists of many components or modules, including modules for implementing the catalog, query language, interface processors, data access and security.") and 14 ("Because many types of users, with varying levels of technical knowledge, use a database, a DBMS should Page 22 of 25
Function: permitting a user to enter a search request
Step: providing text retrieval software having a user interface
15
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
16
Allowing the user `228 claims 1, 24 to search/ `228 claims 13, 36 allowing the user to ... input at least one search request (Thomson/ West)
provide a variety of user interfaces. These include query languages for casual users, programming language interfaces for application programmers, forms and command codes for parametric users, and menudriven interfaces and natural language interfaces for stand-alone users."). "Allowing" is plain and ordinary, that Governed by 35 U.S.C. § 112 ¶ 6 is, to permit. Function: permitting a user to enter a search request "User" is plain and ordinary, that is, the one doing the searching. Step: providing text retrieval software having a user interface As for "search," see above. Same support as "means for searching / searching means" above. As for "input," plain and ordinary, a noun or verb meaning information ready for entry, to enter, or entered into a computer. Intrinsic Evidence: As for searching, 5:19-21; 7:24-26, 49-51; 12:42-55; 14:6-21; 101:15-20; 155:15-20; 156:26-34; 157:45-52. Page 23 of 25 Claims listed in column B
Thomson/West's Proposed Construction and Support
D
16
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support Extrinsic Evidence: For "allowing," see New Shorter Oxford English Dictionary, 5th Ed., 2002, Oxford University Press, Inc., page 58 (e.g., "not prevent the occurrence of;" "permit"). For "user," see New Shorter Oxford English Dictionary, 5th Ed., 2002, Oxford University Press, Inc., page 3490 (e.g., "a person or organization making use of a computer"). C
Thomson/West's Proposed Construction and Support
D
For "input," see Microsoft Computer Dictionary, Microsoft Press, 1991, page 187 (e.g., "Information entered into a computer for processing.... Normally used as a noun or an adjective, the word is often also used as a verb meaning to enter information"), Encyclopedia of Computer Science & Engineering, Anthony Ralston, Van Nostrand Reinhold, 2d ed. 1983, page 735 Page 24 of 25
16
Terms (Identified by)
A
Appears in Claims (Independent Claims Bolded)
B
JOINT CLAIM CONSTRUCTION CHART TimeBase's Proposed Construction and Support C
("Input is the process of translation of incoming information into electronic patterns suitable for computer processing"), or IBM Dictionary of Computing, 10th ed., 1993, page 341 ("Information or data to be processed"). For "search," and the like, Fundamentals of Database Systems, Ramez Elmasri and Shamkant B. Navanthe, Addison-Wesley, 2d ed. 1994, pages 11, 14 as quoted above.
Thomson/West's Proposed Construction and Support
D
Page 25 of 25
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