I/P Engine, Inc. v. AOL, Inc. et al

Filing 166

Claim Construction Brief Joint Claim Construction and Prehearing Statement filed by AOL Inc., Gannett Company, Inc., Google Inc., I/P Engine, Inc., IAC Search & Media, Inc., Target Corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Sherwood, Jeffrey)

EXHIBIT B
Plaintiff’s Proposed Constructions with Supporting Intrinsic and Extrinsic Evidence

Claim Term
1a.

“scan[ning] a network”
(‘420 claims 10, 25)

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence

looking for items on two or
more connected computers

A spider system 46C scans a network 44C to find informons
for a demand search, and to find informons with continued
network scanning for existing wires. ‘664, col. 25, ll. 41-42;
‘420, col. 25, ll. 39-41; see also FIG. 9.
A spider system 68C continuously scans a network 70C for
informons. . . . ‘664, col. 26, ll. 16-17; ‘420, col. 26, ll. 1415.
Scan – 1: to read or mark so as to show metrical structure, 2:
to examine by point-by-point observation or checking, a: to
investigate thoroughly by checking point by point and often
repeatedly, b: to glance from point to point of often hastily,
casually, or in search of a particular item . . . . MerriamWebster’s Collegiate Dictionary, 10th ed., 1998.
Scan – . . . Computer Technology. 1. to examine
sequentially each item in a list, each record in a file, each
point of a display, or each input or output channel of a
communication link. Academic Press Dictionary of Science
and Technology, 1992.
Scan – . . . (3) To sequentially search a file. The Computer
Desktop Encyclopedia, 2d ed., 1999.

1

Claim Term

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence
In general, a data stream is conveyed through network 3,
which can be a global internetwork. A skilled artisan would
recognize that apparatus 1 can be used with other types of
networks, including, for example, an enterprise-wide
network, or “intranet.” Using network 3, User #1 (5) can
communicate with other users, for example, User #2 (7) and
User #3 (9), and also with distributed network resources such
as resource #1 (11) and resource #2 (13). ‘664, col. 6, ll. 4856; ‘420, col. 6, ll. 40-49.
Network – 1) An arrangement of objects that are
interconnected, 2) In communications, the transmission
channels interconnecting all client and server stations as well
as all supporting hardware and software. The Computer
Glossary, 8th ed., 1998.
Network – a set of computers connected together.
Dictionary of Computer and Internet Terms, 6th ed., 1998.
Network – 1. A series of points connected by
communications channels. . . . 4. In IBMS’s SNA, an
interconnected group of nodes; a user application network in
data processing. 5. A group of computers connected together
to facilitate the transfer of information. Dictionary of
Communications Technology, 2d ed., 1995.
Network – (1) An arrangement of objects that are
interconnected. See LAN and network database. The
Computer Desktop Encyclopedia, 2d ed., 1999.

2

Claim Term

1b.

“a scanning system” (‘664
claim 1)

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence

a system used to search for
information

A scanning system for searching for information relevant to
a query. . . . ‘664, col. 27, l. 28 (from independent claim 1).
The scanning system further comprises scanning a network
upon a demand search request. ‘664, col. 28, ll. 49-51 (from
dependent claim 24).

2a.

“relevance to at least one of
the query and the first user”
(‘664 claims 1, 26)

no further construction
necessary beyond other terms

The “relevance” of a particular informon broadly describes
how well it satisfies the user’s information need. ‘664, col.
4, ll. 12-13; ‘420, col. 4, ll. 5-6.

2b.

“[informons/information]
relevant to a query” (‘420
claims 10, 25; ‘664 claims
1, 26)

[informons/information] having
relevance a query

The “relevance” of a particular informon broadly describes
how well it satisfies the user’s information need. ‘664, col.
4, ll. 12-13; ‘420, col. 4, ll. 5-6.
The search engine system employs a regular search engine to
make one-shot or demand searches for information entities
which provide at least threshold matches to user queries.
‘664, Abstract; ‘420, Abstract.
A spider system 68C continuously scans a network 70C for
informons providing a threshold-level match for content
based profiles (i.e., preprocessing profiles at the top level of
the preferred multi-level filter structure, at least one of which
reflects the content profile of a current wire query). ‘420 at
col. 26, ll. 10-20.

3.

“combining” (‘420 claims

uniting into a single number or

3

A search return processor 48C receives either demand search
informons or wire search informons passed by the content-

Claim Term
10, 25; ‘664 claims 1, 26)

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence

expression

based filter structure 40C according to the operating mode of
the latter, and includes an informon rating system which is
like that of FIG. 6. The informon rating system combines
content-based filtering data with collaborative feedback
rating data, from users through a feedback processor 50C at
least in the wire search mode and, if desired, in the demand
search mode. ‘664, col. 25, ll. 55-63; ‘420, col. 25, ll. 52-61;
see also ‘664, col. 14, l. 43 – col. 19, l. 38; ‘420, col. 14, l.
40 – col. 19, l. 36 (describing the informon rating system of
FIG. 6).
A feedback processor 74C is structured like the mindpool
system of FIG. 7 to provide collaborative feedback data for
integration with the content-based data in the measurement
of inform on relevancy by the filter 66C. An informon rating
structure like that of FIG. 6 is employed for this purpose.
‘664, col. 26, ll. 25-30; ‘420, col. 26, ll. 24-28; see also ‘664,
col. 14, l. 43 – col. 19, l. 38; ‘420, col. 14, l. 40 – col. 19, l.
36 (describing the informon rating structure of FIG. 6); see,
e.g., ‘420, col. 26, ll. 15-20. (“preprocessing profiles at the
top level of the preferred multi-level filter structure, at least
one of which reflects the content profile of a current wire
query”).
Combine – 1: a: to bring into such close relationship as to
obscure individual characters: MERGE; b: to cause to unite
into a chemical compound; c: to unite into a single number
or expression . . . 2: INTERMIX, BLEND; 3: to possess in
combination . . . 1: a: to become one; b: to unite to form a
chemical compound; 2: to act together . . . . Merriam-

4

Claim Term

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence
Webster’s Collegiate Dictionary, 10th ed., 1998.

4.

demand search (‘420 claims
10, 25)

one-time search performed
upon a user request

The search engine system employs a regular search engine to
make one-shot or demand searches for information entities
which provide at least threshold matches to user queries.
‘664 Abstract; ‘420 Abstract; see also ‘664, col. 23, ll. 4451; ‘420, col. 23, ll. 42-49.
Demand search results can be returned if no wire exists for
an input query. Otherwise, wire search results are returned if
a wire does exist, or collaborative ranking data can be
applied from the wire filter structure to improve the results
of the demand search from the regular search engine. ‘664,
col. 23, ll. 56-60; ‘420, col. 23, ll. 54-58.
In operation, a user enters a query and a corresponding
“wire” is established, i.e., the query is profiled in storage on
a content basis and adaptively updated over time, and
informons obtained from the network are compared to the
profile for relevancy and raking. ‘420, col. 1, ll. 56-60.

5a.

“collaborative feedback
data” (‘420 claims 10, 25)

information concerning what
informons other users with
similar interests or needs found
to be relevant

Collaborative filtering, on the other hand, is the process of
filtering informons, e.g., documents, by determining what
informons other users with similar interests or needs found to
be relevant. ‘664, col. 4, ll. 33-36; ‘420, col. 4, ll. 26-29.
Collaborative filtering employs additional data from other
users to improve search results for an individual user for
whom a search is being conducted. ‘664, col. 24, ll. 39-41;
‘420, col. 24, ll. 37-39; see also ‘664, col. 1, ll. 50-54; ‘420,

5

Claim Term

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence
col. 1, ll. 41-45.

5b.

“[feedback system for]
receiving information found
to be relevant to the query
by other users” (‘664 claim
1, 26)

No construction necessary
Figure 9.
- or [feedback system for] receiving
information concerning what
other users found to be relevant
to the query

6.

individual user/first user
(‘420 claims 10, 25; ‘664
claims 1, 26)

no construction necessary

7.

Order of Steps (‘420 claim
25; ‘664 claim 26

No “construction” is necessary;
if there is any order, it is
reflected in the claim language;
otherwise, no order is required.

8.

separateness of the claimed
systems (‘420 claim 10,
‘664 claim 1)

The claim language does not
require the scanning system,
content-based filter system, and
feedback system of claim 1 of
the ‘664 patent or the claimed
system for scanning, contentbased filter system, and
feedback system of claim 10 of
the ‘420 patent to be the same
or different “systems.”

6

An artisan would recognize that one or more of the
processors 52-55 could be combined functionally so that the
actual number of processors used in the apparatus 50 could
be less than, or greater than, that illustrated in FIG. 2. For
example, in one embodiment of the present invention, first
processor 52 can be in a single microcomputer workstation,
with processors 53-55 being implemented in additional
respective microcomputer systems. Suitable microcomputer
systems can include those based upon the Intel® PentiumProTM microprocessor. In fact, the flexibility of design
presented by the invention allows for extensive scalability of
apparatus 50, in which the number of users, and the

Claim Term

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence
communities supported may be easily expanded by adding
suitable processors. As described in the context of FIG. 1,
the interrelation of the several adaptive profiles and
respective filters allow trends attributable to individual
member clients, individual users, and individual
communities in one domain of system 51 to be recognized
by, and influence, similar entities in other domains, of
system 51 to the extent that the respective entities in the
different domains share common attributes. ‘664, col. 10, ll.
8-28; ‘420, col. 10, ll. 3-23.
Generally, basic search engine system structures of the
invention are preferably embodied with the use of a
programmed computer system. ‘664, col. 24, ll. 36-38; ‘420,
col. 24, ll. 34-36.

9a.

“informons” / “the
informons” (‘420 Claims
10, 25)

“informons” provides
antecedent basis for “the
informons”

9b.

“users” / “such users” (‘420
claims 10, 25)

“users” provides antecedent
basis for “such users”

9c.

“a query” /”the query” (‘420 “a query” provides antecedent
claims 10, 25; ‘664 claims
basis for “the query”
1, 26)

9d.

“a feedback system” / “the
feedback system” (‘420

“a feedback system” provides
antecedent basis for “the

7

Claim Term

Plaintiff’s Proposed
Construction

Plaintiff’s Intrinsic and Extrinsic Evidence

claim 10; ‘664 claim 1)

feedback system”

9e.

“a scanning system” / “the
scanning system” (‘664
claim 1)

“a scanning system” provides
antecedent basis for “the
scanning system”

9f.

“a first user” / “the first
user” (‘664 claims 1, 26)

“a first user” provides
antecedent basis for “the first
user”

9g.

“a content-based filter
system” / “the content-based
filter system” (‘664 claims
1, 21)

“a content-based filter system”
provides antecedent basis for
“the content-based filter
system”

8