UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`HYPERMEDIA NAVIGATION LLC,
`Patent Owner.
`
`_________________
`
`DECLARATION OF PROFESSOR LOREN TERVEEN REGARDING
`U.S. PATENT NOS. 7,424,523; 9,083,672; AND 9,772,814
`
`
`
`Page 1
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`
`
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`HYPERMEDIA NAVIGATION LLC,
`Patent Owner.
`
`_________________
`
`DECLARATION OF PROFESSOR LOREN TERVEEN REGARDING
`U.S. PATENT NOS. 7,424,523; 9,083,672; AND 9,772,814
`
`
`
`Page 1
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`
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
`
`TABLE OF CONTENTS
`
`Page(s)
`INTRODUCTION AND ENGAGEMENT .................................................... 4
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 5
`II.
`III. MATERIALS CONSIDERED AND INFORMATION RELIED UPON ...... 6
`IV. THE CHALLENGED PATENTS, SKILL IN THE ART, AND RELATED
`TECHNOLOGY .............................................................................................. 8
`A.
`Exemplary Preexisting Web Solutions, Such As Footsteps And
`Guided Paths ........................................................................................14
`Person Of Ordinary Skill In The Art (“POSITA”) .............................24
`B.
`V. MEANING OF CERTAIN CLAIM TERMS................................................28
`VI. SPECIFIC PRIOR ART DESCRIPTIONS AND TEACHINGS .................32
`A. Guided Paths ........................................................................................33
`1.
`’523 Claim 6 And Guided Paths ...............................................38
`2.
`’523 Claim 7 And Guided Paths ...............................................50
`3.
`’523 Claim 11 And Guided Paths .............................................51
`4.
`’523 Claim 12 And Guided Paths .............................................52
`5.
`’672 Claim 14 / ’814 Claim 14, And Guided Paths ..................53
`6.
`’672 Claim 15 / ’814 Claim 15, And Guided Paths ..................65
`7.
`’672 Claim 18 / ’814 Claim 18 And Guided Paths ...................67
`8.
`’672 Claim 19 And Guided Paths .............................................69
`9.
`’814 Claim 16 And Guided Paths .............................................72
`10.
`’814 Claim 17 And Guided Paths .............................................76
`11.
`’814 Claim 20 And Guided Paths .............................................76
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`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 2
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`B.
`
`Richardson ...........................................................................................79
`1.
`’523 Claim 6 And Richardson ..................................................85
`2.
`’523 Claim 7 And Richardson ..................................................99
`3.
`’523 Claim 11 And Richardson ..............................................100
`4.
`’523 Claim 12 And Richardson ..............................................101
`5.
`’672 Claim 14 / ’814 Claim 14, And Richardson ...................102
`6.
`’672 Claim 15 / ’814 Claim 15, And Richardson ...................111
`7.
`’672 Claim 18 / ’814 Claim 18 And Richardson ....................114
`8.
`’814 Claim 16 And Richardson ..............................................117
`9.
`’814 Claim 17 And Richardson ..............................................120
`10.
`’814 Claim 20 And Richardson ..............................................121
`C. Modifying Guided Paths In View of Footsteps ................................122
`D. Modifying Richardson In View of Torres .........................................127
`1.
`Torres And Its Earlier Applications ........................................127
`E. Modifying Richardson In View of Guided Paths ..............................155
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`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 3
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`I, Loren Terveen, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained as an independent expert on behalf of Microsoft
`
`Corporation in connection with Inter Partes Reviews (“IPRs”) of the above-
`
`identified patents and specifically in order to provide my analyses and opinions on
`
`certain technical issues related to U.S. Patent Nos. 7,424,523; 9,083,672; and
`
`9,772,814 (the “’523 patent,” “’672 patent,” and “’814 patent,” respectively and,
`
`collectively, the “challenged patents”).
`
`2.
`
`I am being compensated at my usual and customary rate for the time I
`
`spent in connection with this IPR. My compensation is not affected by the outcome
`
`of this IPR.
`
`3.
`
`Specifically, I have been asked to provide my opinions regarding
`
`whether claims 6-7 and 11-12 of the ’523 patent; claims 14, 15, 18, and 19 of the
`
`’672 patent; and claims 14, 15, 16, 17, 18, and 20 of the ’814 patent (each a
`
`“Challenged Claim” and collectively the “Challenged Claims”) would have been
`
`found in the prior art or obvious to a person having ordinary skill in the art
`
`(“POSITA”) as of October 1998. It is my opinion that each Challenged Claim
`
`would have been found in the cited prior art or at least obvious to a POSITA after
`
`reviewing the prior art discussed herein.
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
`
`Page 4
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`II. BACKGROUND AND QUALIFICATIONS
`
`4.
`
`I am a professor in the Department of Computer Science and
`
`Engineering at the University of Minnesota, Twin Cities. I hold 10 patents on a
`
`broad variety of topics in web search, information management, intelligent
`
`interfaces, and graphical user interfaces; my specialties include Human-Computer
`
`Interaction, Social Computing, Recommender Systems, Online Communities, User
`
`Interface Design, Graphical User Interfaces, Location-Based Systems, and Web
`
`search and information management. I consider myself an expert in these areas. In
`
`formulating my opinions, I have relied upon my training, knowledge, and
`
`experience in the relevant art. A copy of my curriculum vitae is appended to this
`
`declaration as Appendix A and provides a description of my professional
`
`experience, including my academic and employment history, publications,
`
`conference participation, awards and honors, and more.
`
`5.
`
`I received my Ph.D. in Computer Sciences from the University of
`
`Texas, Austin, in 1991, and then worked at AT&T Bell Labs from 1991-2002, as
`
`first a member and then a principal member of the technical staff. During my time
`
`at Bell Labs I worked on numerous software systems with graphical user
`
`interfaces. Beginning by 1995, I spent a number of years developing web-based
`
`systems and user interfaces. In all these projects, I was involved with all aspects of
`
`the system, from overall design and architecture, to interface design and
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 5
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`implementation, and system development, including algorithms, databases, etc.
`
`PHOAKS (Terveen et al. 1997; Terveen & Hill 1997; U.S. Patent No. 6,029,192)
`
`was one representative system that I created and implemented. PHOAKS was one
`
`of the earliest recommender systems. It automatically identified and mined
`
`recommendations of web resources from Usenet messages. The system stored
`
`these recommendations in a database and generated HTML pages for thousands of
`
`Usenet newsgroups, which corresponded to topics of interest, for example, popular
`
`TV shows, musical groups, technical and scientific topics, etc. These pages were
`
`served from the phoaks.com website, which we created and maintained. Users
`
`could browse and search to find items of interest.
`
`6.
`
`In a subsequent project, I created a web search system that followed
`
`links and analyzed web page and title text to identify pages relevant to a specified
`
`topic of interest. The results were stored as rich site profiles in a database. I
`
`designed several graphical user interfaces, including one implemented as a Java
`
`applet, to allow users to visualize, search, and interact with the results. (Terveen et
`
`al. 1999; U.S. Patent No. 6,256,648.)
`
`III. MATERIALS CONSIDERED AND INFORMATION RELIED UPON
`In preparing this declaration, I have reviewed the following materials.
`7.
`
`I also considered other background materials that are referenced in this declaration.
`
`
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 6
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
`
`Ex. No. Description
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`U.S. Patent No. 7,424,523 (“’523 patent”)
`
`U.S. Patent No. 9,083,672 (“’672 patent”)
`
`U.S. Patent No. 9,772,814 (“’814 patent”)
`
`Shipman et al., Using Networked Information to Create
`Educational Guided Paths, Int’l Journal Educ. Telecomms. 3(4),
`383-400 (1997) (“Guided Paths”)
`
`U.S. Patent No. 5,809,247 (“Richardson”)
`
`Nicol et al., Footsteps: Trail-blazing the Web, Computer
`Networks and ISDN Systems 27, 879-885 (1995) (“Footsteps”)
`
`U.S. Patent No. 7,155,451 (“Torres”)
`
`U.S. Patent Application No. 08/922,063 (“’063 Application”)
`
`Furuta et al., Hypertext Paths and the World-Wide Web:
`Experiences with Walden’s Paths, Association for Computing
`Machinery – Hypertext 97 (July 1997) (“Hypertext Paths”)
`
`Shipman et al., Generating Web-Based Presentations in Spatial
`Hypertext, Association for Computing Machinery – Intelligent
`User Interfaces (January 1997) (“Web-Based Presentations”)
`
`1013
`
`John, et al., HTML & CGI UNLEASHED, Sams.net Publishing
`(1995) (“HTML&CGI”)
`
`1017
`
`N/A
`
`File History of U.S. Patent No. 6,145,000
`John R. Smith, Shih-Fu Chang, “Image and video search engine
`for the World Wide Web,” Proc. SPIE 3022, Storage and
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 7
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`
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`N/A
`
`N/A
`
`Ex. No. Description
`Retrieval for Image and Video Databases V, (15 January 1997)
`(“Smith & Chang”)
`Loren Terveen, Will Hill, and Brian Amento. 1999.
`Constructing, organizing, and visualizing collections of topically
`related Web resources. ACM Trans. Comput. Hum. Interact. 6, 1
`(March 1999), 67-94.
`DOI=http://dx.doi.org/10.1145/310641.310644 (“Terveen
`1999”)
`Terveen et al. 1997 – Loren Terveen, Will Hill, Brian Amento,
`David McDonald, and Josh Creter. 1997. PHOAKS: a system for
`sharing recommendations. Commun. ACM40, 3 (March 1997),
`59-62. DOI=http://dx.doi.org/10.1145/245108.245122
`(“PHOAKS”)
`William C. Hill and Loren G. Terveen. 1997. Involving remote
`users in continuous design of web content. In Proceedings of the
`2nd conference on Designing interactive systems: processes,
`practices, methods, and techniques (DIS '97), Susan Coles (Ed.).
`ACM, New York, NY, USA, 137-145.
`DOI=http://dx.doi.org/10.1145/263552.263596 (“Terveen &
`Hill”)
`U.S. Patent No. 6,029,192
`
`N/A
`
`N/A
`
`N/A
`
`U.S. Patent No. 6,256,648
`
`
`
`IV. THE CHALLENGED PATENTS,
`SKILL IN THE ART, AND RELATED TECHNOLOGY
`The Challenged Patents all are titled System And Method For
`8.
`
`Creating And Navigating A Linear Hypermedia Resource Program. I note that,
`
`aside from the claims, there are no material differences between the three patents.
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 8
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`For example, the description and figures for all three challenged patents appear to
`
`all be identical or nearly identical. Accordingly, when I refer to the descriptions or
`
`figures provided in one of the challenged patents, those same description or figures
`
`can be found in the other patents.
`
`9.
`
`The Challenged Patents are directed to the problem of how to navigate
`
`through the vast amount of unorganized, densely interconnected information on the
`
`World Wide Web (“WWW”) in 1998. In particular, they speak about the need to
`
`“filter out unwanted information and present desired information”. (’523, 2:34-37.)
`
`As described in the following paragraphs, by 1998 many others had already tackled
`
`this problem as part of the natural development of the WWW.
`
`10. The World Wide Web is one embodiment – by far the most successful
`
`and popular – of the much older idea of Hypertext. Hypertext consists of
`
`electronically stored documents (more generally, any media objects, including
`
`images, audio files, and video files) with ‘links’ between them, thus enabling a
`
`reader/viewer to go directly from one document to another as their interest guides
`
`them. To take one simple example from Wikipedia, the article (document) for the
`
`University of Minnesota (https://en.wikipedia.org/wiki/University_of_Minnesota)
`
`contains links to many other Wikipedia articles – for example, Minneapolis
`
`(https://en.wikipedia.org/wiki/Minneapolis) and Bob Dylan
`
`(https://en.wikipedia.org/wiki/Bob_Dylan) – as well as links to many Web pages
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`’523, ’672, AND ’814 PATENTS
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`(documents) from other Web sites, for example, concerning the University’s men’s
`
`hockey team (http://sports.espn.go.com/ncaa/news/story?id=6287694) and the
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`University’s Public Health program
`
`(https://web.archive.org/web/20110726181630/http://grad-
`
`schools.usnews.rankingsandreviews.com/best-graduate-schools/top-health-
`
`schools/public-health-rankings).
`
`11. The original vision for Hypertext goes back to the 1940s, first
`
`appearing in an influential article by Vannevar Bush, the Director of the US Office
`
`of Scientific Research and Development, titled “As We May Think”
`
`(https://www.theatlantic.com/magazine/archive/1945/07/as-we-may-
`
`think/303881/). He described a system based on the technologies of microfilm,
`
`viewers, and cameras for recording the (as he already saw it then) huge and ever
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`growing body of useful knowledge, enabling better access and thus better
`
`professional decision making, government policy, scientific discovery, etc. He also
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`described the basic idea of hypertext – that is, linking documents together: “at any
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`time, when one of these items is in view, the other can be instantly recalled merely
`
`by tapping a button below the corresponding code space. Moreover, when
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`numerous items have been thus joined together to form a trail, they can be
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`reviewed in turn, rapidly or slowly, by deflecting a lever like that used for turning
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`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`the pages of a book. It is exactly as though the physical items had been gathered
`
`together from widely separated sources and bound together to form a new book.”
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`12. Moreover, the key part of Bush’s vision was that people would create
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`useful trails (paths) through the repository of knowledge: “When the user is
`
`building a trail, he names it, inserts the name in his code book, and taps it out on
`
`his keyboard. Before him are the two items to be joined, projected onto adjacent
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`viewing positions. At the bottom of each there are a number of blank code spaces,
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`and a pointer is set to indicate one of these on each item. The user taps a single
`
`key, and the items are permanently joined…. There is a new profession of trail
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`blazers, those who find delight in the task of establishing useful trails through the
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`enormous mass of the common record. The inheritance from the master becomes,
`
`not only his additions to the world's record, but for his disciples the entire
`
`scaffolding by which they were erected.” (Italics added) To emphasize, these trails
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`would be useful to other people as well, as they navigate the knowledge repository:
`
`“The lawyer has at his touch the associated opinions and decisions of his whole
`
`experience, and of the experience of friends and authorities. The patent attorney
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`has on call the millions of issued patents, with familiar trails to every point of his
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`client's interest. The physician, puzzled by a patient's reactions, strikes the trail
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`established in studying an earlier similar case, and runs rapidly through analogous
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`case histories, with side references to the classics for the pertinent anatomy and
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`’523, ’672, AND ’814 PATENTS
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`histology. The chemist, struggling with the synthesis of an organic compound, has
`
`all the chemical literature before him in his laboratory, with trails following the
`
`analogies of compounds, and side trails to their physical and chemical behavior.
`
`The historian, with a vast chronological account of a people, parallels it with a skip
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`trail which stops only on the salient items, and can follow at any time
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`contemporary trails which lead him all over civilization at a particular epoch.”
`
`13. Thus, from the beginning, the concept of Hypertext included the idea
`
`of people curating trails – or paths – through vast knowledge repositories that
`
`would aid those who followed them in finding useful information on topics of
`
`interest.
`
`14.
`
`Implementations of Hypertext appeared as early as the 1960s, notably
`
`in the NLS system (Douglas C. Engelbart and William K. English. 1968. A
`
`research center for augmenting human intellect. In Proceedings of the December 9-
`
`11, 1968, fall joint computer conference, part I (AFIPS '68 (Fall, part I)). ACM,
`
`New York, NY, USA, 395-410.), but in the 1980s, the widespread penetration of
`
`personal computers equipped with graphical user interfaces and pointing devices
`
`led to greatly increased deployment of hypertext systems, for example, the
`
`HyperCard and NoteCards systems on the Apple Macintosh.
`
`15. By the late 1980s, the difficulties of navigating through large
`
`hypertext repositories had become a central issue for research and innovation in the
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`area. Work attacking this problem explicitly referred back to Bush’s vision for
`
`inspiration. TEXTNET (Trigg & Weiser 1986) created a technique for users to
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`author paths through hypertext – “ordered lists of nodes [objects, documents]”
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`which users could step through by following links from one object to the next.
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`Guided Tours (Trigg 1989) addressed the problem of easing users’ burden of
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`navigating through complex hypertext networks, preventing them from getting lost
`
`or confused. Authors were enabled to create a curated path through a hypertext
`
`network: “with a few clicks, they can link their tabletops [each tabletop is a set of
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`hypertext documents] together to form the paths (actually an arbitrary graph
`
`structure) making up a guided tour.” Zellweger (1989) attacked the same problems
`
`in hypertext navigation: “user disorientation” and the “cognitive overhead needed
`
`to create, manage and choose among links”. She too based her approach on Bush’s
`
`vision: “The concept of a path, or ordered traversal of some links in a hypertext,
`
`can help solve these problems. Users are less likely to feel disoriented or lost when
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`they are following a pre-defined path rather than browsing freely, and their
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`cognitive overhead is reduced because the path either makes or narrows their
`
`choices. Paths allow authors to determine an appropriate order of presentation for a
`
`given audience.” Zellweger’s implementation of paths was called Scripted
`
`Documents; authors selected items to include and arranged them in a path. Her
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`implementation worked with multimedia objects including images and audio files,
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`and thus supported creation and navigation of paths through hypermedia
`
`repositories.
`
`16. Of course, the World Wide Web is the most widely known and widely
`
`used hypertext system ever. Invented in 1989 at CERN in Switzerland by Tim-
`
`Berners Lee as a way for scientists to share knowledge, by 1993 it had moved
`
`beyond the borders of CERN and transcended the original purpose of supporting
`
`scientists. The Web inherited the well-known problems of navigational difficulty
`
`and getting lost in hyperspace – by 1997 there were well over a million websites
`
`linked together through hundreds of millions of connections, creating a seemingly
`
`infinite number of paths and possibilities – and these problems only gained in
`
`urgency as the user population of the Web increased. By 1997 an estimated 25
`
`million US households had Internet access, with the Web being the primary
`
`destination.
`
`A. Exemplary Preexisting Web Solutions,
`Such As Footsteps And Guided Paths
`17. There was significant innovation and development to address these
`
`issues prior to 1998. Notably, several efforts adapted and implemented the existing
`
`notion of a path to guide users through the Web.
`
`18. Footsteps: Nicol, Smeaton, and Slater (1995) implemented the
`
`Footsteps guided tour mechanism for the Web to “aid novice users navigate
`
`through information spaces” and “remove the dependency on navigating through a
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`’523, ’672, AND ’814 PATENTS
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`complex structure of hypertext nodes”. (Footsteps, 880.) Authors created paths by
`
`selecting documents to include and arranging them in an order. Each page on the
`
`tour contained Previous and Next buttons to allow users to step forward or
`
`backward through the tour one webpage at a time. There also was an Index button
`
`that let users see a list of all the pages on the tour. These buttons can be seen, e.g.,
`
`in Fig. 2 of Footsteps:
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`
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`If users followed a hypertext link from a page on the tour to a page not on the tour,
`
`any page navigated to would contain a Return to Tour button to take them back to
`
`the tour. Footsteps was implemented as a CGI script that ran as an intermediary
`
`between a user and all the webservers containing the web pages on the tour.
`
`Interestingly, Footsteps was explicitly positioned as an advantageous way for
`
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`’523, ’672, AND ’814 PATENTS
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`students to navigate the Web: “To fully exploit the Web as a vehicle for the
`
`delivery of courseware a more supportive learning environment is required which
`
`can still make use of all the power of the Web whilst still maintaining a level of
`
`control over navigation.” Nicol et al. concluded their article with a comprehensive
`
`summary of Footsteps on page 883:
`
`• Users are allowed to follow a linear path through a large information space,
`
`but they are still allowed to digress from the tour to explore other
`
`information sources with the ability to easily return back to the tour;
`
`• Tour overviews, in the form of the index document, provide extra
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`navigational facilities;
`
`• By using Footsteps, documents can remain reusable resources and be used in
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`more than one tour as tour information is held independently of these
`
`resources;
`
`• Using such a script, implementing meta-information such as glossaries is
`
`simplified;
`
`• Any document on the Web can be included in a tour;
`
`• The Footsteps script can be used by a client anywhere on the Web, therefore
`
`the user does not have to be using the same local file system as the Footsteps
`
`script.
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`• The script does not require any modification to either the server or the client.
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`19. Walden’s Paths / Guided Paths: Frank Shipman and colleagues
`
`created the Walden’s Paths system in 1996 (Shipman et al. 1996) and which they
`
`continued to develop and describe in a number of articles throughout the mid-late
`
`1990s. They too were motivated by the navigational and comprehension challenges
`
`raised by the Web: “The World Wide Web provides an entirely new context for
`
`hypertext application. Although the technology of the Web is largely derivative
`
`from earlier applications, the environment that it has created is novel. Unlike its
`
`predecessors, the Web is highly heterogeneous, both in readers but also in
`
`information provided. Readers range from highly-educated academicians to
`
`elementary school students. Ages range from retirees to pre-schoolers. People
`
`make material available on the Web for all conceivable reasons—to communicate,
`
`educate, persuade, promote, defraud, and delude, to name just a few of the
`
`possibilities.” (Hypertext Paths, 167.) Their approach too was based on the concept
`
`of a curated path through a hypertext repository: “Walden's Paths are intended to
`
`be communicated from path author to path readers. The basic metaphor is that of a
`
`network-based meta-document: a document whose elements are themselves
`
`documents.” (Hypertext Paths, 168.) A major design goal of Walden’s Paths was
`
`navigational simplicity, to serve the larger goal of creating educational resources
`
`suitable for use by school-age students:
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`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`[T]he guided path provided the means for directing a reader’s
`traversal along a path of components extracted from a set of
`documents. The ordering of components on the path is not constrained
`by that of the source documents—in other words, the components
`encountered do not have to follow the temporal orderings of the
`source. In essence, the guided path allows creation of a presentation,
`defining a meta-structure that is layered on top of the underlying
`documents’ preexisting structures. The guided path is well-suited for
`control of presentations and for communication of relationships. It
`serves as a meta-structuring mechanism that can be used to express an
`order over a large collection of [information]…. [E]xisting web pages
`from different servers around the world are structured as simple linear
`paths.
`
`(Guided Paths, 386, 392.)
`
`20. Walden’s Path was implemented and deployed software; it consisted
`
`of:
`
`• path authoring tools to create paths: “Path authoring is frequently a process
`
`of locating sites of relevant information on the Web, selecting specific pages
`
`for inclusion in the path, and ordering and annotating the pages to provide
`
`transition and emphasis for the materials. The Path Authoring Tool (PAT)
`
`provides a single, integrated, straightforward interface to do just this.”
`
`(Guided Paths, 395.)
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`• a path server to store and serve paths to users: “We adopted a strategy of
`
`developing a “path server” that mediates between a student’s browser and
`
`the source material’s server, and a “path authoring tool” that supports
`
`teachers and media specialists during the creation of paths. The path
`
`authoring tool sends completed paths to the path server. The path server
`
`stores information specific to the path—the order of pages in the path,
`
`annotations, and the URL for the original information.” (Guided Paths, 386.)
`
`• “The path server acts as an intermediary between the student’s browser and
`
`the original source information on the Web. By leaving the content of the
`
`pages at the source Web server and retrieving it when a Web browser
`
`requests a path page, the path server can take advantage of the evolution of
`
`the preexisting Web structure and content. Once a page is retrieved, the path
`
`server adds path controls and the path-specific annotations, then returns the
`
`resulting page to the Web browser.” (Guided Paths, 387.)
`
`• a user interface for browsing and navigating paths: “the guided path
`
`provided the means for directing a reader’s traversal along a path of
`
`components extracted from a set of documents…. There are four elements of
`
`the path controls: forward and back arrows to support path traversal, a
`
`Walden’s Path logo that, when selected, returns the student to the index of
`
`available paths, and a row of numbers that both situate the student within the
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 20
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`path and permit direct access to locations on the path.” (Guided Paths, 386,
`
`389.) See also Figure 5 of Guided Paths.
`
`21.
`
`Intelligent Search Techniques: At the same time as Footsteps and
`
`Walden’s Path were being developed, there was another prominent approach to
`
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`aiding people in navigating and making sense of information on the web: using
`
`artificial intelligence techniques to create “intelligent agents” that automated
`
`significant parts of the navigation and sense making process, including finding web
`
`pages relevant to a topic or user’s interest. Shipman and colleagues (1997 –
`
`“Generating Web-Based Presentations in Spatial Hypertext,” also referred to
`
`herein as “Web-Based Presentations”) explicitly noted this as an important
`
`technique to combine with their path authoring methods: “Analysis is a necessary
`
`part of creating presentations from Web-based material. Gathering, evaluating,
`
`interpreting, and organizing the Web-derived materials are essential to reusing this
`
`sort of appropriated content. Thus, integrating analytic tools like VIKI with
`
`presentation authoring tools will better support the authoring process.”
`
`22. Automated methods for finding high-quality and topic-relevant
`
`information on the Web was the major focus of my own contemporaneous work. I
`
`developed and deployed a publicly accessible website called PHOAKS that was
`
`accessed thousands of times per day by 1996:
`
`Finding relevant, high-quality information on the world-wide Web is a
`difficult problem. PHOAKS (People Helping One Another Know
`Stuff) is an experimental system that addresses this problem through a
`collaborative filtering approach. PHOAKS works by automatically
`recognizing, tallying, and redistributing recommendations of Web
`resources mined from Usenet news messages … PHOAKs consists of
`a general architecture for filtering information from electronic
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 22
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`messages and a set of techniques for generating and managing
`dynamic Web-based interfaces. So far, we have used the PHOAKS
`architecture to recognize and process Web resource recommendations
`and FAQ messages.
`
`(PHOAKS, 59-60; Terveen et al. 1997; Terveen & Hill 1997; U.S. Patent
`No. 6,029,192). The PHOAKS system became publicly available in
`February 1996 and had 300,000 visitors by December 1996. It consisted of
`three main processes:
`
`• Search—search messages for a specified pattern (such as “http://”) and
`
`extract contextual information surrounding each instance of the pattern
`
`• Categorization—apply rules that classify each instance of the pattern (e.g.,
`
`URLs used as recommendations vs. personal home pages)
`
`• Disposition—process the categorized information in some way (e.g., store it
`
`in a database or fetch the content of a URL).
`
`(Terveen et al. 1997.)
`
`23. Other people were developing similar intelligent agents for locating
`
`relevant and high-quality information on the Web, again directed at aiding people
`
`in their navigation and sense-making tasks. Webwatcher was a “tour guide” that
`
`used machine learning techniques to highlight (Joachims, Freitag, and Mitchell
`
`1996) “interesting hyperlinks as it accompanies the user, pointing out those
`
`hyperlinks it expects will be most appropriate given the user’s stated interest.”
`
`WebSeek (Smith and Chang (1997)) consisted of “intelligent agents” that mined
`DECLARATION OF PROFESSOR LOREN TERVEEN
`’523, ’672, AND ’814 PATENTS
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`Page 23
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`Patent Nos. 7,424,523; 9,083,672; and 9,772,814
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`the World-Wide Web for images and videos relevant to a specific topic: they
`
`“traverse the Web by following hyperlinks between documents. They detect
`
`images and videos, retrieve and process them, and add the new information to the
`
`catalog.”
`
`Person Of Ordinary Skill In The Art (“POSITA”)
`B.
`24. These patents fall within the general technical field of computer
`
`science / software programming, as well s
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