`
`Plaintiff’s Construction
`
`Defendants’
`Construction
`
`Court
`
`Preliminary Constructions:
`
`Claims 1, 23, & 34
`“analyzing”/ “analyze” “a
`first image of the plurality of
`images to detect attribute
`information associated with
`a first item depicted in the
`first image, wherein the
`attribute information
`comprises a plurality of
`categories, including a color
`category”
`
`Not means plus function
`
`Not indefinite
`
`Structure/Support: At
`least Figs. 1 and
`2, their corresponding
`description in the
`specification, and
`equivalents.
`
`These limitations are
`means plus function/step
`plus function elements
`pursuant to 35 U.S.C. §
`112, ¶6.
`
`The claim term is
`indefinite pursuant to 35
`U.S.C. §112, ¶2,
`because there is no
`corresponding
`structure/act in the
`specification for
`carrying out the claimed
`function
`
`Same as above
`
`Same as above
`
`Same as above
`
`Same as above
`
`“calculating”/ “calculate”
`“a measure of distinction
`between the first item and a
`second item based on the
`plurality of categories,
`wherein the measure of
`distinction represents an
`alignment of categories
`between the first and second
`items”
`
`“determining”/“determine”
`“the second item to be
`similar to the first item if the
`measure of distinction
`satisfies a criterion
`
`Not subject to § 112, ¶
`6.
`
`Not invalid under 35
`U.S.C. § 112, ¶2.
`
`Plain-and-ordinary
`meaning.
`
`Not subject to § 112, ¶
`6.
`
`Not invalid under 35
`U.S.C. § 112, ¶2.
`
`Plain-and-ordinary
`meaning.
`
`Not subject to § 112, ¶
`6.
`
`Not invalid under 35
`U.S.C. § 112, ¶2.
`
`Plain-and-ordinary
`meaning.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 1
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 12
`means for analyzing a
`first image of the
`plurality of images to
`detect attribute
`information associated
`with a first item depicted
`in the first image,
`wherein the attribute
`information comprises a
`plurality of categories,
`including a color
`category
`
`Function: for analyzing a
`first image of the
`plurality of images to
`detect attribute
`information associated
`with a first item depicted
`in the first image.
`
`Structure: At least Figs. 1
`and 2, their
`corresponding description
`in the specification, and
`equivalents.
`
`means for calculating a
`measure of distinction
`between the first item and
`a second item based on
`the plurality of
`categories, wherein the
`measure of distinction
`represents an alignment
`of categories between
`the first and second items
`
`Function: for calculating
`a
`measure of distinction
`between the first item and
`a second item based on
`the
`plurality of categories
`
`Structure: At least Figs. 2
`and 4, and their
`corresponding description
`in the specification, and
`equivalents.
`
`means for determining
`the second item to be
`similar to the first item if
`the measure of distinction
`satisfies a criterion
`
`Function: for determining
`the second item to be
`similar to the first item
`Structure: At least Fig. 2
`and its corresponding
`description in the
`specification, and
`equivalents.
`
`These limitations are
`means plus function/step
`plus function elements
`pursuant to 35 U.S.C. §
`112, ¶6.
`
`The claim term is
`indefinite pursuant to 35
`U.S.C. §112, ¶2, because
`there is no corresponding
`structure/act in the
`specification for carrying
`out the claimed function
`
`MPF claim element.
`The claim term is
`indefinite
`pursuant to 35 U.S.C.
`§112,
`¶2, because there is no
`corresponding
`structure/act in the claims
`or the specification for
`carrying out the claimed
`function.
`
`Also invalid if not
`interpreted
`pursuant to 35 U.S.C.
`§112,
`¶6, pursuant to 35 USC
`§122, p2.
`Indefinite pursuant to 35
`U.S.C. §112, ¶2.
`
`Function: for analyzing a
`first image of the
`plurality of images to
`detect attribute
`information associated
`with a first item depicted
`in the first image.
`
`Structure: application
`104 and the
`corresponding language
`in the specification and
`equivalents.
`
`Function: for calculating
`a measure of distinction
`between the first item and
`a second item based on
`the plurality of categories
`
`Structure: application
`104 and the
`corresponding language
`in the specification and
`equivalents.
`
`Function: for
`determining the second
`item to be similar to the
`first item
`
`Structure: application
`104 and the
`corresponding language
`in the specification and
`equivalents.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 2
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 13
`Wherein the attribute
`information is derived
`from a sample of a
`desired item
`
`Plain and ordinary
`meaning
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Plain and ordinary
`meaning.
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 14
`Means for generating an
`image based on the
`sample
`
`Function: for generating
`an image based on the
`sample
`
`Structure: At least Figs. 8
`and 13 and their
`corresponding
`descriptions in the
`specification, and
`equivalents
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Function: for generating
`an image based on the
`sample
`
`Structure: application
`104 in Fig. 1 and its
`description in the
`specification, and
`equivalents
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 16
`Means for performing a
`proximity search using
`the stored attribute
`information as criteria for
`performing the
`proximity search
`
`Function: for performing
`a proximity search using
`the stored attribute
`information as criteria for
`performing the proximity
`search
`
`Structure: At least the
`written description in the
`specification at 9:43-53
`and
`the knowledge of a
`person of ordinary skill in
`the art, and equivalents
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Also invalid pursuant to
`35 USC § 112, ¶4.
`
`Function: for performing
`a proximity search using
`the stored attribute
`information as criteria for
`performing the proximity
`search
`
`Structure: application
`104 and the
`corresponding language
`in the specification and
`equivalents.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 3
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 18
`means for displaying one
`or more groups of stored
`images
`
`Function: for displaying
`one or more groups of
`stored images
`
`Structure: Fig. 3–10, Fig.
`11a – 1104, Fig. 11b –
`1162
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Also invalid pursuant to
`35 USC § 112, ¶4.
`
`Function: for displaying
`one or more groups of
`stored images
`
`Structure: Fig. 3–10,
`Fig. 11a – 1104, Fig. 11b
`– 1162
`
`means for allowing the
`user to indicate interest
`in the selected stored
`first image by selecting
`the image from the
`plurality of images
`
`Function: for allowing the
`user to indicate interest in
`the selected stored first
`image by selecting the
`image from the plurality
`of images
`
`Structure: At least Figs. 4
`and 11b and their
`corresponding
`descriptions in the
`specification, and
`equivalents
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Also invalid pursuant to
`35 USC § 112, ¶4.
`
`Function: for allowing
`the user to indicate
`interest in the selected
`stored first image by
`selecting the image from
`the plurality of images
`
`Structure: computing
`device 102 using
`browsing application 104,
`and equivalents
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 4
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 19
`means for displaying
`one or more groups of
`stored images
`
`means for allowing the
`user to indicate interest
`in the selected stored first
`image by selecting a
`group of stored images
`
`Function: for displaying
`one or more groups of
`stored images
`
`Structure: See Claim 12
`means for displaying,
`supra
`
`Function: for allowing the
`user to indicate interest in
`the selected stored first
`image by
`selecting a group of
`stored images
`
`Structure: At least Figs. 4
`and 11b and their
`corresponding
`descriptions in the
`specification, and
`equivalents
`
`Invalid pursuant to 35
`USC 112, ¶2 for lack of
`corresponding structure in
`the specification to carry
`out the claimed function.
`
`Same as above
`
`Function: for displaying
`one or more groups of
`stored images
`
`Structure: At least Figs.
`2 and 4, and their
`corresponding description
`in the specification, and
`equivalents.
`Function: for allowing
`the user to indicate
`interest in the selected
`stored first image by
`selecting a group of
`stored images
`
`Structure: computing
`device 102 using
`browsing application 104,
`and equivalents
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Claim 22
`means for providing the
`user with an opportunity
`to purchase an item
`associated with the
`second image
`
`Function: for providing
`the user with an
`opportunity to purchase
`an item associated with
`the second image
`
`Structure: At least the
`specification at 13:57-61
`and the knowledge of a
`person of ordinary skill in
`the art, and equivalents.
`
`Invalid pursuant to 35
`U.S.C. §112, ¶2 for lack
`of corresponding
`structure in the
`specification to carry out
`the claimed function
`
`Function: for providing
`the user with an
`opportunity to purchase
`an item associated with
`the second image
`
`Structure: Application
`104 and equivalents
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 5
`
`
`
`
`The claim steps must be
`performed in the order
`stated, The system claims
`(12 and 23) and machine-
`readable instruction
`claim (34) must also be
`performed in the order
`claimed.
`
`2.
`
`Defendants’ Construction Court
`
`
`Method steps do not need
`to be performed in the
`order written with the
`exception of the following
`limitations:
`1.
`the “storing”
`limitation must be
`performed after
`the “analyzing”
`limitation;
`the “calculating”
`limitation must be
`performed after
`the first and
`second item have
`been chosen, but
`this can take place
`any time after the
`“receiving a user
`selection”
`limitation and the
`“analyzing”
`limitation;
`the “determining”
`limitation must be
`performed after
`the “calculating”
`step;
`the “displaying a
`second image”
`must be performed
`after the
`“determining”
`limitation.
`
`3.
`
`4.
`
`Claim Term
`
`Plaintiff’s Construction
`
`ALL CLAIMS
`
`
`
`
`
`
`
`
`
`Need not be performed in
`the order written, but
`some steps/elements have
`a logical order
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 6
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Dependent Claims 2, 13,
`24, & 35
`“wherein the attribute
`information is derived
`from a sample of a
`desired item”
`
`Plain and ordinary
`meaning
`
` “a sample of a desired
`item” means an image
`uploaded by the user
`
`Plain and ordinary
`meaning
`
`This term means the
`attribute information is
`further derived from an
`image uploaded by the
`user (in addition to the
`attribute information
`obtained through the prior
`“analyzing” step of the
`stored images
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Dependent Claims 5, 27,
`38
`“wherein calculating the
`measure of distinction
`comprises a proximity
`search using the stored
`attribute information as
`criteria for performing
`the proximity search”
`
`Not subject to § 112, ¶ 6
`
`Not invalid under 35
`U.S.C. § 112, ¶2
`
`Plain and Ordinary
`Meaning
`
`Not interpreted under 35
`U.S.C. § 112, ¶6
`
`Not invalid under 35
`U.S.C.
`§112, ¶2
`
` These limitations are
`means plus-
`function/step-plus
`function elements
`pursuant to 35 U.S.C. §
`112, ¶6.
`
`Structure/Support: At least
`the written description in
`the specification at 9:43-
`53, and the knowledge of
`a person of ordinary skill
`in the art
`
`The claim terms are
`indefinite pursuant to 35
`U.S.C. §112, ¶2, because
`there is no corresponding
`structure/act in the claims
`or the specification for
`carrying out the claimed
`function.
`
`Not invalid under 35
`U.S.C.
`§112, ¶4
`
`Also invalid pursuant to
`35
`U.S.C. § 112, ¶4.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 7
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`Plain and ordinary
`meaning, wherein the
`plain-and-ordinary
`meaning means
`calculating a
`measurement of how
`distinct one item is from
`another.
`
`“measure of
`distinction”
`
`Not interpreted under 35
`U.S.C. § 112, ¶2
`
` Indefinite pursuant to 35
`U.S.C. §112, ¶2.
`
`Structure/Support: At
`least
`Fig. 4, 4:7-11; 7:58-66;
`9:43- 60; April 13, 2015
`Response After Final
`Action – pp. 12-13; the
`knowledge of a person
`of ordinary skill in the art
`
`P & Ordinary Meaning
`
`Alternative: calculating a
`measurement of how
`distinct one item is from
`another.
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`“alignment of
`categories”
`
`Not interpreted under 35
`U.S.C. § 112, ¶2
`
` Indefinite pursuant to 35
`U.S.C. §112, ¶2.
`
`Wherein the measure of
`distinction represents an
`alignment of categories
`between the first and
`second items
`
`Structure/Support: At least
`Fig. 4, 4:2-7; 9:43-60;
`11:12- 14; the knowledge
`of a person of ordinary
`skill in the art
`
`Proposed Construction:
`the similarity of categories
`attributed to the first and
`second items.
`
`Plain and ordinary
`meaning, wherein plain
`and ordinary meaning
`means at least one
`similar category
`attributed to the first and
`second items.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 8
`
`
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`“determining/
`determine”
`
`Not interpreted under 35
`U.S.C. § 112, ¶2
`
` Indefinite pursuant to 35
`U.S.C. §112, ¶2.
`
`Plain-and-ordinary
`meaning
`
`“the second item to be
`similar to the first item if
`the measure of distinction
`satisfies a criterion”
`
`Claim Term
`
`Plaintiff’s Construction
`
`Defendants’ Construction Court
`
`“wherein the attribute
`information comprises a
`plurality of categories,
`including a color
`category”
`
`Plain and Ordinary
`Meaning
`
`Plain-and-ordinary
`meaning
`
`Visual information
`obtained through the prior
`“analyzing” step that is
`organized into
`predetermined categories
`identified before the
`“analyzing” step begins.
`
`Syte - Visual Conception Ltd. Ex. 1004 p. 9
`
`