IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD. APPLE INC. and TWITTER, INC. Petitioner

Transcription

1 IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD APPLE INC. and TWITTER, INC. Petitioner v. SUMMIT 6, LLC Patent Owner Case No.: IPR Patent 8,612,515 PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 8,612,515 Mail Stop PATENT BOARD Patent Trial and Appeal Board U.S. Patent & Trademark Office P.O. Box 1450 Alexandria, VA Submitted by: /Jason D. Eisenberg/ Jason D. Eisenberg, Reg. No. 43,447 February 4, 2015 Attorney for Petitioner

2 Petition for Inter Partes Review of Patent No. 8, 612,515 TABLE OF CONTENTS EXHIBIT LIST... vii I. Introductionn... 1 II. Overview... 2 III. Level of Ordinary Skill in the Art... 3 IV. Claim Construction... 4 V. Overview of Prior Art... 6 VI. Identification of Challenge (37 C.F.R (b))... 7 VII. Ground 1: Creamer renders obvious claims 1, 2, 7, 11, 18, 19, 21-23, 26, 29, 30, 38-41, and A. Creamer renders obvious server-side claims 21, 22, 40, and Creamer renders obvious claim (a) [21.P]: A method for receiving one or more prefiles, processed image files, video files or audio comprising the following computer implemented steps. 10 (b) [21.1.1]: receiving, from a client device, information that enables access to an account that is associated with a user (c) [21.1.2]: said access too said account conditioned on a receipt of an identifier (d) [21.2.1]: transmitting pre-processing parameters to said client devicee (e) [21.2.2]: said pre-processing parameters enabling said client devicee to pre-process one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content to one or more devices separate from said client device (f) [21.3]: receiving, from said client device, one or more image files, video filess or audio files that have been pre- transmitted pre-process sing parameters processed at said clientt device in accordance with said (g) [21.4.1]: storing said received pre-processed one or more image files, video filess or audio files (h) [21.4.2]: said stored pre-processed one or more image files, video files or audio files used for subsequent - i -

3 Petition for Inter Partes Review of Patent No. 8, 612,515 transfer of content to said one or more devices separate from said client devicee Creamer renders obvious claim Creamer renders obvious claim Creamer renders obvious claim B. Creamer renders obvious the client-side claims 1, 2, 7, 11, 18, 19, 23, 26, 29, 30, 38, 39, and Creamer renders obvious claim (a) [1.P]: A method for pre-processing in a client device, comprising the following computer implemented steps. 25 (b) [1.1.1]: transmitting information that enables access to an account that is associated with a user (c) [1.1.2]: said access to said account conditioned on a receipt of an identifier at a host server (d) [1.2]: receiving an identification of one or more image files, video files or audio files to associate with said account (e) [1.3]: receiving, by saidd client device, a confirmation of an intent to associate said one or more image files, video files or audio files withh said account (f) [1.4.1]: pre-processing said identified one or more image files, video files or audio files using pre-processing parameters received from a remote server (g) [1.4.2]: said received pre-processing parameters enabling said client device to pre-process said identified one or more image files, videoo files or audio files in a manner specified by a distributing party for transferr of content, which is based on said pre-processed one or more image files, video files or audio files, to one or more devices separate from said client device (h) [1.5]: transmitting saidd pre-processed one or more image files, video files or audio files Creamer renders obvious claims 2, 7, 11, 18, and (a) [2.1]: said transmittingg information comprises transmitting an identifier associated with a user and a password from said client device to said host server ii -

4 Petition for Inter Partes Review of Patent No. 8, 612, (b) [7.1]: said pre-processing comprises pre-processing using pre-processing parameters that originate with said host server (c) [11.1]: said pre-process sing comprises resizing said one or more image files, videoo files or audio files (d) [18.1]: said transmittin ng comprises transmitting location information (e) [19.1]: reporting a status of said transmission of said pre- files processed one or more image files, video files or audio Creamer renders obvious claim Creamer renders obvious claims 26, 29,, 30, and (a) [26.1]: said transmittin ng information comprises transmitting an identifier associated with a user and a password from said client device to said host server (b) [29.1]: said pre-process sing comprises reducing a file size or compressing said one or more image files, video files or audio files (i) [30.1]: said pre-processing comprises resizing said one or more image files, video files orr audio files (c) [38.1]: reporting a status of said transmission of said pre- files processed one or more image files, video files or audio Creamer renders obvious claim (a) [39.P]:A client device for pre-processing, comprising (b) [39.1.1]: a transmitter that transmits information that enables access to an account that is associated with a user (c) [39.1.2]: said access too said account conditioned on a receipt of an identifier at a host server (d) [39.2]: a computer usable mediumm having computer readable program codee means embodied therein for enabling a receipt of ann identification of one or more image files, video filess or audio files to associate with said account (e) [39.3.1]: a pre-processor that pre-processesimage files, video files or audio files in preparation for transmission by said client device; [39.3.2] said pre-processor using pre-processing said identified one or more - iii -

5 Petition for Inter Partes Review of Patent No. 8, 612,515 parameters that have been loadedd onto said client device by a device separate from said client devicee (f) [39.3.3]: said pre-processing parameters enabling said client devicee to pre-process said identified one or more image files, video filess or audio files in a manner specified by a distributing party for transferr of content, which is based on said pre-processed one or more image files, video files or audio files, to one or more devices separate from said client device Creamer renders obvious claim VIII. Ground 2: Creamer and Anderson 122 render obvious the client-side claim IX. Ground 3: Creamer and Anderson 480 render obvious the client-side claims 6, 28, and [6.1]: displaying a thumbnail preview of said identified one or more image files, video files or audio files [28.1]: displaying a thumbnail preview of said identified one or more image files, video files or audio files [53.1]: displaying thumbnail previews of said plurality of image files, video files or audio files X. MANDATO ORY NOTICES (37 C.F.R. 42.8(a)(1)) A. Real Parties-In-Interest Matters (37 C.F.R. 42.8(b)(2)) (37 C.F.R. 42.8(b)(1)) B. Related 1. Related Litigation Related Patent Office Proceedings C. Designation of Lead and Back-Up Counsel (37 C.F.R. 42.8( (b)(3)) D. Service Information (37 C.F.R. 42.8(b)(4)) XI. STANDING (37 C.F. R (a)) CERTIFICATION OF SERVICE (37 C.F.R. 42.6(e), (a)) iv -

6 Cases TABLE OF AUTHORITIES B.F. Goodrich Co. v. Aircraft Braking Sys. Corp., 72 F.3d 1577 (Fed. Cir. 1996)... 9 Graham v. John Deere Co., 383 U.S. 1 (1966)... 7 In re Giacomini, 612 F.3d 1380 (Fed. Cir. 2010)... 6 In re O Farrell, 853 F.2d 894 (Fed. Cir. 1988)... 9 KSR Int l Co. v. Teleflex Inc., 550 U.S (2007)... 8 Leapfrog Enters, Inc.. v. Fisher-Price, Inc., 485 F.3d 1157 (Fed. Cir. 2007)... 8 Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568 (Fed. Cir. 1996)... 9 Samsung Elec. v. Virginia Innov. Sci., Inc., IPR , Paper 9 (P.T.A.B. Oct. 30, 2013)... 4 SIBIA Neurosciences, Inc. v. Cadus Pharm. Corp., 225 F.3d 1349 (Fed. Cir. 2000)... 9 Wyers v. Master Lock Co., 616 F.3d 1231 (Fed. Cir. 2010)... 8 Statutes 35 U.S.C. 102(e) U.S.C , 7 Rules 37 C.F.R. 42.1(b) v -

7 37 C.F.R (b) C.F.R (a) C.F.R (e) C.F.R vi -

8 Exh. No. EXHIBIT LIST 1 Description 1001 U.S. Patent No. 7,765,482 to Wood et al., issued July 27, 2010 ( the 482 patent ) 1002 Intentionally Left Blank 1003 U.S. Patent No. 6,930,709 to Creamer et al., issued August 16, 2005 ( Creamer ) 1004 U.S. Provisional Patent Application No. 60/067,310 to Creamer, filed December 4, 1997 ( Creamer 97 ) 1005 U.S. Provisional Patent Application No. 60/085,585 to Creamer, filed May 15, 1998 ( Creamer 98 ) 1006 U.S. Patent No. 6,038,295 to Mattes, issued March 14, 2000 ( Mattes ) 1007 Claim Construction Order, Summit 6 LLC v. Research in Motion Corp., CA No. 3:11-cv-367-O (N.D. Tex., May 21, 2012) ( Claim Construction Order ) 1008 Partial File History of Ex Parte Reexamination of U.S. Patent 7,764,482, Control No. 90/012,987( Reexam FH ) 1009 U.S. Patent No. 8,612,515 to Wood et al., issued December 17, 2013 ( the 515 patent ) 1010 Declaration of Dr. Andrew Lippman in Support of Petition for Inter Partes Review of U.S. Patent No. 8,612,515, February 4, 2015, with Curriculum Vitae ( Lippman Dec. ) 1 This Exhibit list covers two inter partes review petitions being filed against the 515 patent and four inter partes review petitions being filed against the 482 patent. Not all exhibits are used in each petition or declaration, but to facilitate the Board s review of the six petitions, Petitioner has used the same exhibit numbers across all six petitions. - vii -

9 Exh. No. - viii - Description 1011 U.S. Patent No. 6,092,114 to Shaffer et al., issued July 18, 2000 ( Shaffer ) 1012 U.S. Patent No. 6,223,190 to Aihara et al., issued April 24, 2001 ( Aihara ) 1013 U.S. Patent No. 5,875,296 to Shi et al., issued February 23, 1999 ( Shi ) 1014 EP A2 Application (DE), published April 29, 1998 ( Bandini ) 1015 Seth Godin, You ve Got Pictures: AOL s Guide to Digital Imaging (1998) ( Godin ) 1016 Lu et al., eworld The Official Guide for Macintosh Users, Hayden Books, 1994 ( eworld ) 1017 Jain et al., The Design and Performance of MedJava, Proceedings of the 4th USENIX Conference, on Object-Oriented Technologies and Systems (COOTS), April 1998 ( MedJava ) 1018 U.S. Patent No. 6,018,774 to Mayle et al., issued January 25, 2000 ( Mayle ) 1019 U.S. Patent No. 6,567,122 to Anderson et al., issued May 20, 2003 ( Anderson 122 ) 1020 U.S. Patent No. 6,118,480 to Anderson et al., issued September 12, 2000 ( Anderson 480 ) 1021 Rose et al., NeXTSTEP Applications Manual (1990) ( NeXTSTEP ) 1022 U.S. Patent No. 6,370,193 to Lee et al., issued April 9, 2002 ( Lee ) 1023 U.S. Patent No. 6,075,528 to Curtis, issued June 13, 2000 ( Curtis ) 1024 U.S. Patent No. 6,895,557 to Wood et al., issued May 17, 2005 ( the 557 patent ) 1025 Opening Claim Construction Brief of Plaintiff Summit 6, LLC, Summit 6 LLC v. HTC Corp., No. 7:14-cv (N.D. Tex. Dec. 29, 2014) ( PO Op. CC Brief )

10 Exh. No. Description 1026 Defendants Opening Claim Construction Brief, Summit 6 LLC v. HTC Corp., No. 7:14-cv (N.D. Tex. Dec. 30, 2014) ( Def. Op. CC Brief ) 1027 Amended Joint Claim Construction and Prehearing Statement, Summit 6 LLC v. HTC Corp., No. 7:14-cv (N.D. Tex. Jan. 27, 2014) ( Joint Claim Constr. ) 1028 Ahuja, Client-Server Applications in Java, Pace Univ., December 1997 ( Ahuja ) - ix -

11 I. Introduction Apple Inc. and Twitter, Inc. jointly petition for inter partes review of claims 1, 2, 5-7, 11, 18, 19, 21-23, 26, 28-30, 38-41, 52, and 53 of U.S. Patent No. 8,612,515 to Wood et al. ( the ʼ515 patent ), which is provided as Exhibit This is the first of two petitions being filed against the 515 patent because of the sixty-page limit. This first petition provides (1) ground 1: claims 1, 2, 7, 11, 18, 19, 21-23, 26, 29, 30, 38-41, and 52 are obvious under 35 U.S.C. 103 in view of Creamer; (2) ground 2: claim 5 is obvious under 103 in view of Creamer and Anderson 122; and (3) ground 3: claims 6, 28, and 53 are obvious under 103 in view of Creamer and Anderson 480. The second petition provides (1) ground 1: claims 1, 2, 5-7, 11, 18, 19, 21-23, 26, 28-30, 38-41, 52, and 53 are obvious under 35 U.S.C. 103 in view of Shaffer; and (2) ground 2: claims 6, 28, and 53 are obvious under 103 in view of Shaffer and NeXTSTEP. The different grounds set forth in these two petitions are independent, distinct, and not redundant. This first petition uses Creamer, which is directed to a camera, and the second petition uses Shaffer, which is directed to a messaging system. Creamer and Shaffer include notably different teachings. Petitioner minimized the petitions and references used to achieve a just, speedy and inexpensive resolution consistent with 37 C.F.R. 42.1(b). Accordingly, Petitioner requests full adoption of all proposed grounds in both petitions

12 II. Overview This petition challenges the patentability of the 515 patent, which claims simple computer devices, systems, and methods based on well-known prior-art features. The 515 patent discloses a software component, for example, a Java Applet, that runs in a browser and includes a graphical user interface (GUI) for selecting digital content to upload to a remote server. The 515 patent admits that this GUI was known in the prior art: ActiveUpload allows an arbitrary file to be dragged and dropped onto a web page control for upload to the web server. ( 515 patent, 1:55-56.) Indeed, long before the 515 patent s earliest claimed priority date, GUIs and web-browser applications were used for file transfer and sharing between devices and for Internet publishing. (Ex. 1010, Lippman Dec ) The 515 patent s alleged contribution was adding built in intelligence, or pre-processing, to the software component running in the user device s browser. (Id. at 2:2.) The 515 patent s software component performs the pre-processing using parameters provided by a web server, and the pre-processing includes, for example, format conversion, image resizing, image cropping, compliance with required resolution, and data compression. The pre-processing can modify the digital content to meet the receiving web server s requirements and can help meet bandwidth constraints between sending and receiving devices. As explained in this petition, transmitting processing parameters from a first - 2 -

13 device, for example, a web server, to a second device, for example, a user s computer, to process digital content according to those parameters with a software component was well known. For example, U.S. Patent No. 6,930,709 to Creamer et al. discloses the 515 patent s pre-processing in the context of a networked camera. Particularly, Creamer describes a networked camera that pre-processes (for example, adjusts the color, date and time stamps the images, and changes the resolution, size, and compression level) and uploads images to a remote server. U.S. Patent No. 6,567,122 to Anderson et al. discloses a web page interface for a digital camera, and U.S. Patent No. 6,118,480 to Anderson et al. discloses displaying thumbnail image previews. Anderson 122 and Anderson 480 are in the same technology space and would have been obvious modifications to Creamer s camera. Moreover, Petitioner s distinguished expert, Dr. Andrew Lippman, has been working in this technological field for over 30 years and corroborates why a person of ordinary skill in the art ( POSA ) would have found it obvious to combine the references, and once combined, why the references render obvious each and every element of the challenged claims. III. Level of Ordinary Skill in the Art A POSA 2 is presumed to be aware of all pertinent art, uses conventional 2 Each discussion of what a POSA would have recognized or understood in this Petition is with respect to the earliest possible priority date of the 515 patent

14 wisdom in the art, and is a person of ordinary creativity. Regarding the 515 patent, a POSA would have either a four-year degree in computer science (or similar field, e.g., electrical engineering), or three to five years industry experience in the general field of software engineering and web design. (Ex. 1010, 515 Lippman Dec. 55 (hereinafter Lippman Dec. ).) IV. Claim Construction The 515 patent claim terms must be given their broadest reasonable interpretation, as understood by one of ordinary skill in the art and consistent with the disclosure. Although a district court s construction of similar terms in the 482 patent may be informative (Ex. 1007), because the Board applies the broadest reasonable construction standard, the Board s construction may not be the same as that adopted by that district court, which applies a different standard. See Samsung Elecs.Co. v. Virginia Innov. Sci., Inc., IPR , Paper 9, p. 2 (P.T.A.B. Oct. 30, 2013). The following terms and phrases from the claims of the 515 patent might require construction based on arguments in the related litigations and reexaminations, and are construed below in accordance with these principles for the purpose of this inter partes review proceeding. 3 The plain and ordinary meaning should be applied to any claim terms that are not addressed below. 3 Petitioner reserves the right to assert a different claim construction in litigation. (See Def. Op. CC Brief (Ex. 1026) and Joint Claim Constr. (Ex. 1027).) - 4 -

15 Pre-processing should be construed as modifying before further processing. (Lippman Dec ) Host server should be construed as a device or server that provides access to data or programs. (Lippman Dec ) Remote server should be construed as a device or server that is not co-located with the client device. (Lippman Dec ) A distributing party should be construed as a party that distributes the pre-processed content to one or more recipient devices. (Lippman Dec ) Claim 39 recites computer readable program code means embodied therein for enabling a receipt of an identification of one or more image files, video files or audio files to associate with said account. The claimed function of this means-plus-function term is enabling a receipt of an identification of one or more image files, video files or audio files to associate with said account. Although Petitioner believes the 515 patent does not adequately disclose the structure to perform this claimed function, 4 Patent Owner identifies FIGs. 1-4B; column 3, lines 18-54; column 4, lines 4-6 and 17-34; and column 5, line 13, to column 6, line 36, as disclosing the corresponding structure. (Claim Construction Brief, Ex. 1025, p. 35.) 4 Petitioner reserves the right to argue that this term is indefinite during litigation. (See Joint Claim Constr., Ex. 1027, pp ) - 5 -

16 V. Overview of Prior Art The following prior art references are applied in the below grounds. U.S. Patent No. 6,930,709 to Creamer et al. (Ex. 1003, Creamer ) was filed December 3, 1998, and issued August 16, Creamer claims priority to U.S. Provisional Application Nos. 60/085,585 (Ex. 1005), filed May 15, 1998, and 60/067,310 (Ex. 1004, Creamer 97 ), filed December 4, Therefore, Creamer is prior art under 35 U.S.C. 102(e). U.S. Patent No. 6,567,122 to Anderson et al. (Ex. 1019, Anderson 122 ) was filed March 18, 1998, and issued May 20, Therefore, Anderson 122 is prior art under 35 U.S.C. 102(e). U.S. Patent No. 6,118,480 to Anderson et al. (Ex. 1020, Anderson 480 ) was filed May 5, 1997, and issued September 12, Therefore, Anderson 480 is prior art under 35 U.S.C. 102(e). 5 Creamer is entitled to a Dec. 4, (e) prior art date, the filing date of its earliest provisional application. See, e.g., In re Giacomini, 612 F.3d 1380 (Fed. Cir. 2010) (holding that a 102(e) reference is prior art as of the filing date of its provisional application, if that provisional provides proper written description support for the claimed invention). The relied upon portions of Creamer are fully supported by the Creamer 97 Provisional. (Lippman Dec. 89.) To demonstrate proper written description, this petition includes citations to both Creamer and the Creamer 97 Provisional

17 VI. Identification of Challenge (37 C.F.R (b)) Petitioner requests inter partes review and cancellation of claims 1, 2, 5-7, 11, 18, 19, 21-23, 26, 28-30, 38-41, 52, and 53 of the 515 patent. Particularly, Petitioner requests review based on three grounds: (1) ground 1: claims 1, 2, 7, 11, 18, 19, 21-23, 26, 29, 30, 38-41, and 52 are obvious under 35 U.S.C. 103 over Creamer; (2) ground 2: claim 5 is obvious under 103 over Creamer in view of Anderson 122; and (3) ground 3: claims 6, 28, and 53 are obvious under 103 over Creamer in view of Anderson 480. Although Creamer teaches every challenged claim feature in ground 1, some features may be seen as requiring corroboration from the expert. Accordingly, this petition presents the grounds under obviousness instead of anticipation and is accompanied by a declaration of a technical expert, Dr. Andrew Lippman, which explains what the art would have conveyed to a POSA and that Creamer discloses or renders obvious every challenged claim element. (Lippman Dec ) Obviousness is a question of law that is resolved based on underlying factual determinations: (1) the prior art s scope and content, (2) any differences between the claimed subject matter and the prior art, (3) the level of skill in the art, and (4) where in evidence, so-called secondary considerations. Graham v. John Deere Co., - 7 -

18 383 U.S. 1, (1966). 6 As the Supreme Court explained, [t]he combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results, and [w]hen a work is available in one field of endeavor, design incentives and other market forces can prompt variations of it, either in the same field or a different one. If a person of ordinary skill can implement a predictable variation, 103 likely bars its patentability. KSR Int l Co. v. Teleflex Inc., 550 U.S. 398, 416, 417 (2007). Indeed, a prior art combination is obvious to try [w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordi- 6 Petitioner reserves the right to provide a full rebuttal to any secondary consideration evidence provided during this proceeding. Petitioner cannot address such evidence now because Patent Owner has not yet provided any, and the relevant evidence used in the prior litigation is mostly sealed. Petitioner notes, however, that [f]or objective evidence of secondary considerations to be accorded substantial weight, its proponent must establish a nexus between the evidence and the merits of the claimed invention. Wyers v. Master Lock Co., 616 F.3d 1231, 1246 (Fed. Cir. 2010). Moreover, a strong showing of obviousness, as in this case, overcomes secondary considerations. See, e.g., Leapfrog Enters, Inc.. v. Fisher-Price, Inc., 485 F.3d 1157, 1162 (Fed. Cir. 2007)

19 nary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. Id. at 421. In appropriate circumstances, a single prior art reference can render a claim obvious. See, e.g., SIBIA Neurosciences, Inc. v. Cadus Pharm. Corp., 225 F.3d 1349, 1356 (Fed. Cir. 2000); B.F. Goodrich Co. v. Aircraft Braking Sys. Corp., 72 F.3d 1577, 1582 (Fed. Cir. 1996); In re O Farrell, 853 F.2d 894, 902 (Fed. Cir. 1988). As when multiple references are used, a rationale to modify the teachings of that reference must exist to render obvious the claimed invention. See B.F. Goodrich, 72 F.3d at This rationale may be derived from the prior art reference itself, see O Farrell, 853 F.2d at 902, from a POSA s knowledge, or from the nature of the problem to be solved. See Pro-Mold & Tool Co. v. Great Lakes Plastics, Inc., 75 F.3d 1568, 1573 (Fed. Cir. 1996). Petitioner identifies how the prior art teaches each challenged claim element, as well as element-specific motivations to combine the references. Given the similarity of the challenged claims, some explanations below refer to earlier discussions of the same or similar elements to avoid repetition. In such cases, the prior referenced discussions are incorporated fully by reference in the later explanations. VII. Ground 1: Creamer renders obvious claims 1, 2, 7, 11, 18, 19, 21-23, 26, 29, 30, 38-41, and 52. As explained below, Creamer renders obvious claims 1, 2, 5-7, 11, 18, 19, - 9 -

20 Petition for Inter Partes Review of Patent No. 8, 612, , 26, 28-30, 38-41, 52, and 53. (Lippman Dec ) A. Creamer renders obvious server-side claims 21, 22, 40, and 41. Claims 21, 22, 40, and 41 recite devices, systems, and methods from a serv- er s perspective. Creamer renders obvious these server-sidee claims. 1. Creamerr renders obvious claim 21. (a) [21.P]: A method for receiving one or more pre- processed image files, video files or audio files, com- independently control transmission of digital images to the Internet, where the im- prising the following computer implemented steps Creamer is directed to a portable, standalone camera that may initiate and ages become available to any authorized user on the Internet. (Creamer, 2:55-59; see also Creamer 97, 3:25-27.) Camera 1 is a client deabove) vice. (Lippman Dec. 103.) FIG. 2 (reproduced illustrates camera 1. The portable, standalone camera 1, along with cameraa 1 s processing features, are imple- controlled by an integrated microcontroller 200, which includes: a main processor or microprocessor 201. (Creamer, 6:65-7: 1; Creamer 97, 10:16-17.) As part of its operation, Creamer s mented on a computer, as the camera 1 is preferably camera 1 (i.e., the client device) pre-processes digital images by, e.g., con- held in the trol[ling] the compression engine 224 to compress an image or images image memory, according to attributes assigned to that particular image. (Cream- for er, 11:27-31; Creamer 97, 17:6-8.) Accordingly, Creamer discloses a method

21 receiving one or more pre-processed image files, video files or audio files, comprising the following computer implemented steps. (Lippman Dec ) (b) [21.1.1]: receiving, from a client device, information that enables access to an account that is associated with a user Creamer discloses that a local ISP 304 receives, from camera 1 (i.e., a client device), a user ID and password (i.e., information) that enables access to a local shell account 306 (i.e., an account) that is associated with the user. (Lippman Dec. 106.) Creamer states: A user ID and password (i.e., network authentication) supplied by the camera 1 (via the initial login, as described below) gives the camera access to a local shell account 306 (shell #1) provided by a local ISP The local shell account 306 provides access to a user directory, in which the user may store HTML files, the compressed image files, user scripts, controls, and other files necessary to create and allow access to a Web page. (Creamer, 11:56-12:4 (emphasis added); Creamer 97, 17:24-18:5; see also Creamer, 12:36-47; Creamer 97, 19:1-8.) The user ID and password constitute the transmitted information received from a client device. (Lippman Dec. 106.) The user ID and password enable the user, through camera 1, to access the local shell account 306. (Creamer, 11:56-12:4; Creamer 97, 17:24-18:5; see also Creamer, 12:36-47; Creamer 97, 19:1-8.) Local shell account 306 is associated with a user because the user may store HTML files, the compressed image files, user scripts,

22 controls, and other files necessary to create and allow access to a Web page using local shell account 306. (Creamer, 11:56-12:4; Creamer 97, 17:24-18:5; see also Creamer, 12:36-47; Creamer 97, 19:1-8; Lippman Dec. 106.) Accordingly, Creamer discloses receiving, from a client device, information that enables access to an account that is associated with a user. (Lippman Dec ) (c) [21.1.2]: said access to said account conditioned on a receipt of an identifier Creamer further details how camera 1 s (i.e., the client device s) access to the local shell account 306 (i.e., said account) is conditioned on receiving (i.e., a receipt) the user ID (i.e., an identifier). For example, FIG. 11 illustrates an FTP connect routine employed by camera 1. (Creamer, 20:14-16; Creamer 97, 27:22-24.) Specifically, Creamer explains: In step S58, the microcontroller 200 uses the parameters stored in the COMMUNICATIONS: FILE TRANSFER variable group to attempt to establish a file transfer application (e.g., FTP) login at the destination internet (e.g., IP or URL) address. Usually, the login is effected with a user ID and password for file transfer application (e.g., FTP) access to the network at the destination (e.g., IP) address. The camera 1 uses the user ID and password in the COMMUNICATIONS: FILE TRANSFER variable group. (Creamer, 21:12-21 (emphasis added); see also Creamer 97, 29:13-17.) Access is conditioned on receipt of the user ID (i.e., the identifier) at the local ISP 304 (i.e., the host server) because [i]f a successful file transfer application (e.g., FTP) login

23 is accomplished in steps S58 and S60, or if the process generates an error from a login or connect failure as previously described, control returns to the transmit routine of FIG. 9 at step S46. (Creamer, 21:41-45; Creamer 97, 29:26-30:2; Lippman Dec. 110.) Local shell account 306 is provided by a local ISP 304. Local ISP 304 provides access to an FTP application as [o]nce the camera 1 is logged in to the local shell account 306, the camera 1 may upload (e.g., JPEG) image files from the GP memory... to the local user directory via the provided file transfer (e.g., FTP) application. (Creamer, 12:9-14; Creamer 97, 18:8-12.) Accordingly, Creamer discloses said access to said account conditioned on a receipt of an identifier. (Lippman Dec ) (d) [21.2.1]: transmitting pre-processing parameters to said client device Creamer further discloses that local shell account 306 provided by local ISP 304 (i.e., a remote server) transmits variables and parameters to be stored in the structure of FIG. 5 (i.e., the pre-processing parameters) to camera 1 (i.e., the client device). (Lippman Dec. 114.) Specifically, Creamer states: [T]he user may place a setup or configuration file in his destination directory in a predetermined format recognizable by the camera 1, and the camera may download a new or modified full or partial set of operational parameters (e.g., those shown in FIG. 5) permitting remote control of camera operation

24 (Creamer, 24:9-15 (emphasis added); see also Creamer 97, 33:19-22.) Thus, the destination directory of local shell account 306 provided by local ISP 304 (i.e., a remote server) transmits variables and parameters stored in the structure of FIG. 5 (i.e., the pre-processing parameters) to camera 1 (i.e., the client device). (Lippman Dec. 114.) Accordingly, Creamer discloses transmitting pre-processing parameters to said client device. (Id. at 115.) (e) [21.2.2]: said pre-processing parameters enabling said client device to pre-process one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content to one or more devices separate from said client device Creamer discloses that the variables and parameters (i.e., the pre-processing parameters) enable camera 1 (i.e., the client device) to adjust or compress (i.e., preprocess) the image files (i.e., the one or more image files, video files or audio files) in a manner specified by local ISP 304 (i.e., a distributing party) for transferring the adjusted and compressed image files (i.e., the content), which are based on the image files, to browser 310 (i.e., the one or more devices separate from said client device). (Id. at 117.) In response to receiving a release signal (e.g., a command to take a picture), microcontroller 200 proceeds to a capture routine at step S22 and a transmit routine at step S23 (described with reference to FIGS. 8 and 9). (Creamer, 17:50-53; Creamer 97, 23:24-26.) The image capture routine disclosed in FIG. 8 performs an

25 image adjust step S36 and a compression step S38. (Creamer, FIG. 8; Creamer 97, FIG. 8.) Regarding step S36, Creamer states: In step S36, image adjustment, including color adjusting and time/date/message stamping, is performed on the image in image memory 220. The microcontroller 200 controls the color adjusting circuit 256, compression engine 226, and character generator 254 to adjust the image (increase, decrease, or maintain a property) according to the parameters and settings stored in the IMAGE FILES: IMAGE ADJUST and IMAGE FILES: STAMPING variable groups, and according to the image slot identified in steps S28 or S30. (Creamer, 18:61-19:3 (emphasis added); Creamer 97, 25:17-22.) Creamer also lists several other image-adjustment-operations types that can be performed by camera 1. (See Creamer, 8:35-58; Creamer 97, 12:23-13:11.) Regarding step S38, Creamer states: In step S38, the compression engine 226 is controlled by the microcontroller 200, according to settings stored in the IMAGE FILES: IMAGE ADJUST, to compress the image in the image memory 220 to the appropriate slot (identified in steps S28 or S30) in the GP memory 226. (Creamer, 19:9-13 (emphasis added); Creamer 97, 26:1-4.) Therefore, Creamer discloses that steps S36 and S38 adjust and compress the image files according to the variables and parameters stored in the structure of FIG. 5. (See Creamer, 18:61-19:13; see also Creamer 97, 25:17-26:4.)

26 As also discussed above in Section VII.A.1.(d), Creamer discloses that the parameters and variables of the structure in FIG. 5 are received from a destination directory of the local shell account 306 provided by local ISP 304. (Creamer, 24:9-15; Creamer 97, 33:19-22.) As shown in FIG. 5, these variables and parameters include, for example (1) an IMAGE ADJUST variable group that includes settings for (e.g., JPEG) compression and correspond[s] to each color property of the image (e.g., contrast, hue, etc.), quantify an increase, decrease, or no change in a particular property for a particular image slot; (2) a FILE DEFINITION variable group that stores several parameters defining a file name, a destination directory, whether a file of the same name should be overwritten, and the number of retries and interval therebetween should the camera 1 fail to upload the image; and (3) a FILE TRANSFER variable group that stores [a] file transfer protocol (e.g., FTP) host address (a predetermined Internet address such as, e.g., an IP address or URL), user ID and password for accessing the shell account on the Internet in which images will be stored. (Creamer, FIG. 5, 13:9-14, 13:40, 13:45-48, 14:65-15:2, 18:61-19:1, 24:9-15; Creamer 97, FIG. 5, 19:25-20:1, 20:9, 20:11-13, and 21:11-13.) As a result, local ISP 304 (i.e., a distributing party) specifies the variables and parameters that govern image adjustments and the manner in which camera 1 s image files are to be distributed. (Lippman Dec. 120.) Creamer also discloses that the local ISP 304 distributes the adjusted and

27 compressed image files (i.e., one or more image files, video files or audio files) to one or more browsers 310 (i.e., one or more devices) separate from the camera 1. (Id. at 121.) Specifically, Creamer states: Notably, the user directory stores compressed image files referenced by, or linked to, the Web page and viewable by any remote user using an accessing device, e.g., a personal computer 310 equipped with a Web browser linked to the Internet 308. (Creamer, 12:5-9; see also Creamer 97, 18:6-19:8; Creamer, FIGS. 4A, 4B.) The devices that receive and view the pre-processed image files constitute one or more devices separate from the camera. (Lippman Dec. 121.) Accordingly, Creamer discloses pre-processing the identified image files for transfer of content to one or more devices separate from said client device. (Id.) In sum, Creamer discloses said pre-processing parameters enabling said client device to pre-process one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content to one or more devices separate from said client device. (Id. at 122.) (f) [21.3]: receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device in accordance with said transmitted pre-processing parameters Creamer discloses that local shell account 306 receives, from camera 1 (i.e., said client device), adjusted and compressed image files (i.e., the identified one or more image files, video files or audio files) that have been adjusted and compressed (i.e., pre-processed) at the camera 1 according to the variables and parame

28 ters stored in the structure of FIG. 5 (i.e., the transmitted pre-processing parameters). (Lippman Dec. 124.) As discussed above in Section VII.A.1.(e), Creamer discloses that steps S36 and S38 adjust and compress the image files according to the variables and parameters stored in the structure of FIG. 5. (See Creamer, 18:61-19:13; see also Creamer 97, 25:17-26:4.) Creamer then discloses that camera 1 transmits the adjusted and compressed files to local shell account 306. Specifically, Creamer discloses: [C]ontrol returns (if the capture routine is called from step S22 in FIG. 7) to step S23. From step S23 of FIG. 7, the main routine passes control to the transmit routine shown in FIG. 9. (Creamer, 19:20-24; Creamer 97, 26:8-11.) During the transmit routine shown in FIG. 9: If the image in the image slot is designated to be immediately uploaded, control passes (via step S41, which checks for a connect error, and step S42, which assigns a filename) to step S44, which calls the FTP connect routine (described below with reference to FIG. 11) in which the camera makes a connection to the designated shell account via FTP and the network interface device 236. The designated (single) image is then uploaded to the designated shell account (via the file transfer application, FTP) in step S46. (Creamer, 19:38-46 (emphasis added); see also Creamer 97, 26:20-24.) Thus, local shell account 306 receives from camera 1 (i.e., the client device) the adjusted and compressed files (i.e., said pre-processed one or more image files, video files

29 or audio files) that were adjusted and compressed (i.e., pre-processed) by camera 1 according to received parameters. (Lippman Dec. 125.) Accordingly, Creamer discloses receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device in accordance with said transmitted pre-processing parameters. (Id. at 126.) (g) [21.4.1]: storing said received pre-processed one or more image files, video files or audio files Creamer discloses that the local shell account 306 stores the adjusted and compressed image files (i.e., one or more image files, video files or audio files). (Lippman Dec. 128.) Specifically, Creamer states: Notably, the user directory [of local shell account 306] stores compressed image files referenced by, or linked to, the Web page and viewable by any remote user using an accessing device, e.g., a personal computer 310 equipped with a Web browser linked to the Internet 308. (Creamer, 12:5-9; see also Creamer 97, 18:6-8; Creamer, FIGS. 4A, 4B.) Accordingly, Creamer discloses storing said received pre-processed one or more image files, video files or audio files. (Lippman Dec ) (h) [21.4.2]: said stored pre-processed one or more image files, video files or audio files used for subsequent transfer of content to said one or more devices separate from said client device Creamer discloses that the adjusted and compressed image files uploaded to local shell account 306 (i.e., the stored pre-processed one or more image files, vid

30 Petition for Inter Partes Review of Patent No. 8, 612,515 eo files or audio files) are subsequently transferred (i.e., subsequent transfer of content) to one or more browsers 310 (i.e., said one or more devices) separate from the camera 1 (i.e., said client device). (Id. at 131.) Specifically, Creamer states: Notably, the user directory stores compressed image files referenced by, or linked to, the Web page and viewable by any remote user using an accessing device, e.g., a personal computer 310 equipped with a Web browser linked to the Internet 308. (Creamer, 12:5-9 (emphasis added); see also Creamer 97, 18:6-19:8; Creamer, FIGS. 4A, 4B.) The accessing devices,, e.g., personal computer 310, that receive and view the pre-processed image files constitute one or more devices separate from the camera 1. (Lippman Dec. 131.) Creamer further states that [a]ny Internett 308 user may then access and view the uploaded (e.g., JPEG) images from the user directory of the shell account via an accessing device, e.g., a personal computer 310 and browser. (Creamer, 12: (emphasis added); see also Creamer 97, 18:12-13.) Accordingly, Creamer discloses said stored presubsequent transferr of contentt to said one or more devices separate from said client device.. processed one or more image files, video files orr audio files used for (Lippman Dec. 132.) 2. Creamerr renders obvious claim 22. Claim 22 and claim 21 are substantially identical, except in the following respects: (1) claim 22 recites a receiverr that receives, from a client device, infor

31 mation that enables access, instead of receiving, from a client device, information that enables access, as recited in claim 21; (2) claim 22 recites a transmitter that transmits pre-processing parameters to said client device, instead of transmitting pre-processing parameters to said client device, as recited in claim 21; and (3) claim 22 recites a storage medium that stores one or more image files, video files or audio files received from said client device that have been preprocessed at said client device, instead of receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device and storing said received pre-processed one or more image files, video files or audio files, as recited in claim 21. These differences are trivial, non-patentable, and explicitly taught in Creamer at the same locations as where the operations are taught for method claim 21. (Lippman Dec. 134.) A system capable of receiving, from a client device, information that enables access has a receiver that receives, from the client device, the access enabling information. (Id.) A system capable of transmitting preprocessing parameters to said client device has a transmitter that transmits the pre-processing parameters to the client device. (Id.) And a system that is capable of receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device and storing said received pre-processed one or more image files, video files or audio files has a storage

32 Petition for Inter Partes Review of Patent No. 8, 612,515 mediumm that stores one or more image files, video files or audio files received from said client device that have been pre-processed at said client device. (Id.) Accord- ters to said client device, and a storage mediumm that stores one or more image files, video files or audio files received from saidd client device that have been pre- ingly, Creamer discloses a receiver that receives, from a client device, infor- parame- mation that enables access, a transmitter that transmits pre-processing processed at said client device, as explained in regarding elements [ 21.1], [21.2.1], [21.3], and [21.4.1]. (Id.) Thus, claim 22 is obvious over Creamer for the same reasons as claim 21 explained in SectionVII.A.1.(a)-( (h). 3. Creamerr renders obvious claim 40. Claim 40 and claim 21 are substantially identical, except that claim 40 con- cisely recites receiving, from said client device,, one or more image files, video files or audio files that have been pre-processed at said client device in accordance with pre-processing parameters that have been loaded ontoo said client device by a device separate from said client device. In contrast, claim 21 separately recites transmitting pre-processing device, one or more image files, videoo files or audio files that have been parameters to said client device and receiving, from said client pre-processed at said client device in accordance e with said transmitted preexplicitly processing parameters. These differences are trivial, non-patentable, and in any event

33 4. Creamerr renders obvious claim 41. Petition for Inter Partes Review of Patent No. 8, 612,515 taught in Creamer. (Lippman Dec. 136.) Creamer discloses that the ISP-provided local shell account 306 transmits variables and parameters to be stored on camera 1 (i.e., the client device). (Creamer, 24:9-15; Creamer 97, 33:19-22; Lippman Dec. 136.) Accordingly, Creamer discloses variabless and parameters loaded onto cam- Creamer disclosess receiving, from said client device, one or more image files, era 1 from a device separatee from camera 1. (Lippman Dec. 136.) Accordingly, video files or audio files thatt have been pre-processed at said client device in ac- cordance with pre-processing parameters that have been loaded onto said client de- [21.2.1] and [21.3]. (Id.) Thus, claim 40 is obvious over Creamer for the same rea- vice by a device separate from said client device, as explained regarding elements sons as claim 21 explained in Section VII.A.1.(a a)-(h). Claim 41 and claim 21 are substantially identical, except that claim 41 is di- that receives, from a client device, information that enables access, instead of re- rected to a system instead of a method. Particularly, claim 41 recites a receiverr ceiving, from a client device, information that enables access, as recited in claim 21. Claim 41 also concisely recites a storage medium thatt stores one or more im- pre-processed at said client device in accordance e with pre-processing parameters that have been loaded onto said client device by a device separate from said client age files, video files or audio files received from said client device that have been

34 device. In contrast, claim 21 separately recites transmitting pre-processing parameters to said client device, receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device in accordance with said transmitted pre-processing parameters, and storing said received pre-processed one or more image files, video files or audio files, said stored pre-processed one or more image files, video files or audio files. These differences are trivial, non-patentable, and explicitly taught in Creamer at the same locations as where the operations are taught for the method claim 21. (Lippman Dec. 138.) A system capable of receiving, from a client device, information that enables access has a receiver that receives, from a client device, the access enabling information. (Id.) A system capable of transmitting preprocessing parameters to said client device has a transmitter that transmits preprocessing parameters to the client device. (Id.) And a system that is capable of transmitting pre-processing parameters to said client device, receiving, from said client device, one or more image files, video files or audio files that have been pre-processed at said client device in accordance with said transmitted preprocessing parameters, and storing said received pre-processed one or more image files, video files or audio files, said stored pre-processed one or more image files, video files or audio files has a storage medium that stores one or more image files, video files or audio files received from said client device that have been

35 1. Creamerr renders obvious claim 1. Petition for Inter Partes Review of Patent No. 8, 612,515 pre-processed at said client device. (Id.) Accordingly, Creamer discloses a re- ceiver that receives, from a client device, information that enables access and a storage medium that stores one or more image files, video files or audio files re- ceived from said client device that have been pre-processed at said client devicee in accordance with pre-process sing parameters that have been loaded onto said client device by a devicee separate from said client device, as explained regarding ele- ments [21.1], [ ], [21.3], and [21.4.1]. (Id.) Thus, Creamer renders obvious claim 41 for the same reasons as claim 21 explained in Section VII.A.1.(a)-(h). B. Creamer renders obvious the client-side claims 1, 2, 7, 11, 18, 19, 23, 26, 29, 30, 38, 39, and 52. Claims 1, 2, 7, 11, 18, 19, 23, 26, 29, 30, 38, 39, and 52 recite devices, sys- tems, and methods from a client device s perspective. Creamer renders obvious these client-side claims. (a) [1.P]: A method for pre-processing in a client device, comprising the following computer implemented steps Elements [1.P] and [21.P] are substantiallyy the same. While element [21.P] recites a method for receiving one or more pre-processed image files, video files or audio files, comprising the following computer implemented steps, element [1.P] recites [a] method for pre-processing in a client device, comprising the fol- methods correspond to two sides of the same coin namely, the client and server lowing computer implement ted steps. The computer-implemented steps of these

36 perspectives of the same system. (Id. at 141.) For the same reasons as element [21.P] and its method steps, Creamer renders obvious the element [1.P] and its methods steps. (Creamer, Abstract, 6:65-7:1, 11:27-31; Creamer 97, Abstract, 10:16-17, 17:6-8.) (b) [1.1.1]: transmitting information that enables access to an account that is associated with a user Elements [1.1.1] and [21.1.1] are substantially the same. While [21.1.1] recites receiving, from a client device, information that enables access to an account that is associated with a user, element [1.1.1] recites transmitting information that enables access to an account that is associated with a user. The receiving and transmitting correspond to the same transfer of information by the same transmitter (i.e., camera 1), but from the different perspectives of a server and client device, respectively. (Lippman Dec. 143.) For the same reasons presented for claim [21.1.1], Creamer renders obvious the elements of claim [1.1.1]. (Creamer, 11:56-12:4 and 12:36-47; Creamer 97, 17:24-18:5 and 19:1-8.) (c) [1.1.2]: said access to said account conditioned on a receipt of an identifier at a host server. Elements [1.1.2] and [21.1.2] are substantially identical. While element [21.1.2] recites said access to said account conditioned on a receipt of an identifier, element [1.1.2] recites said access to said account conditioned on a receipt of an identifier at a host server. The discussion of element [1.1.2] addresses that the

37 Petition for Inter Partes Review of Patent No. 8, 612,515 identifier is received at locall ISP 304 (i.e., the host server).. (Lippman Dec. 145.) For the same reasons presented for element [21.1.2], Creamer renders obvious the element [1.1.2]. (Creamer, FIG. 11, 12:9-14, 20: 14-16, 21: 12-21, and 21:41-45; Creamer 97, FIG. 11, 18:8-12, 27:22-24, 29:13-17, 29:26-30:2.) (d) [1.2]: receiving an identification of one or more image files, video files or audio files to associate with said ac- in count Creamer s camera uploads im- age files from its memory to the local shell account 306 (i.e., the account) according to controlling file attrib- (Creamer, 12:11-12; Creamer 97, 18:8-11.) Thee controlling file attributes (listed utes and destination information. FIG. 5 and reproduced with annotations) providee an identification of which of the image files are to be uploaded from the camera ss memory. (Lippman Dec. 147.) The IMAGE FILES menu/storage areaa allows the setting of flags, attributes, and parameters for a plurality of images to be captured, adjusted, and uploaded by the camera. (Id.) For example, Creamer disclosess that a plurality of image slots (e.g., FILE 1, FILE 2... FILE 9) are available for individual control, and each of the IMAGE FILES variable groups is provided for each image slot. (Creamer, 13:1-7; Creamer

38 97, 19:21-25.) Each image slot provided by the IMAGE FILES menu/storage area allows the camera to identify which images are to be uploaded to the server. (Lippman Dec. 148.) Particularly, Creamer discloses that [a] FILE DEFINI- TION variable group stores several parameters defining a file name, a destination directory, whether a file of the same name should be overwritten, and the number of retries and interval therebetween should the camera 1 fail to upload the image. (Creamer, 13:9-14 (emphasis added); Creamer 97, 19:25-20:1.) In other words, the filename (i.e., the identification) identifies the file (i.e., the one or more image files, video file, or audio files) to upload (i.e., associate) to local shell account 304 (i.e., the account). Thus, the camera 1 receives from the menu/storage area an identification of image files to upload. (Lippman Dec. 148.) Patent Owner may argue, as it did in the pending reexamination of the related 482 patent, that receiving an identification requires receiving a manual selection by a user of a subset of stored images via a screen. This construction is inconsistent with the intrinsic record and the BRI standard. Nevertheless, even if adopted, Creamer still discloses this element because, as was commonly understood for systems that upload images to the Internet, Creamer s user selects which images to upload. (Lippman Dec. 149.) For example, Creamer teaches that FIG. 5 s menu structure, which includes image file UPLOAD options, is readable and writeable by the user via the button/switch input 214 in combination with dis

39 play 218, and that [t]he menu structure may be made accessible via a tabular or line-mode text interface, a graphical user interface, or any other user interface responsive to the button/switch input 214. (Creamer, 12:48-67; Creamer 97, 19:9-17.) Thus, Creamer teaches this element even under Patent Owner s overly narrow claim construction. (Lippman Dec. 150.) Additionally, even if Creamer did not expressly teach this element under Patent Owner s alternate construction, a POSA would have understood that it was a well-known and basic design feature of a system for uploading photos to the Internet to allow the user to select, via a screen, a subset of stored photos to upload, and would have expected to succeed when implementing such a feature.(lippman Dec. 151.) In fact, the 482 admits that this feature was known in the art. (Id.) For example, the 482 patent describes a prior art system called ActiveUpload, which allows users to, without leaving a web page, transfer files to a server (Internet or intranet) by selecting the files on the user s desktop that the user wants to transfer, then dragging them onto the web page. ( 515 patent, 1:57-60.) Thus, even if Creamer did not expressly teach this element under Patent Owner s alternate construction (which it does, as set forth above), Creamer would render this element obvious under Patent Owner s construction. (Lippman Dec. 151.) As discussed below in Section VII.B.1(e)(element [1.3]), after the image files are uploaded, the files are associated with the local shell account. (Id. at

40 152.) Accordingly, Creamer discloses receiving an identification of one or more image files, video files or audio files to associate with said account. (Id. at 153.) (e) [1.3]: receiving, by said client device, a confirmation of an intent to associate said one or more image files, video files or audio files with said account Creamer discloses or at least renders obvious that camera 1 receives a confirmation of an intent to upload (i.e., associate) the images files taken by camera 1 (i.e., one or more image files, video files or audio files) with the local shell account 304 (i.e., the account). (Lippman Dec. 154.) Creamer discloses that [t]he user may input appropriate directions to the camera 1 via at least a button/switch input 214. (Creamer, 6:49-51; see also Creamer 97, 10:6-7.) These directions include switching between and activating interaction menus, indicating a selection in an active interaction menu, and initiating the capture of an image. (Creamer, 6:51-58; Creamer 97, 10:7-11.) For example, microcontroller 200 switches between possible values of parameters (the direction of cycling according to which of the up or down buttons 114a, 114b is pressed) and changes the displayed parameter via the LCD controller 206 and display 218. (Creamer, 27:1-5 (emphasis added); Creamer 97, 38:11-13.) Hence, a user may view and/or change any of the variables or parameters in the menu/storage structure,... changing the manner in which the camera 1 is controlled. (Creamer, 27:48-54; Creamer 97, 39:12-13.) These values include set

41 tings for uploading image files to local shell account 306. (Creamer, 28:20-29; Creamer 97, FIG. 5.) Accepting Creamer s variables and settings for uploading the image files is a confirmation of an intent to associate the image files to the local shell account 306. (Lippman Dec. 155.) Accordingly, Creamer discloses receiving, by said client device, a confirmation of an intent to associate said one or more image files, video files or audio files with said account. (Id.) Patent Owner may nevertheless allege that Creamer does not explicitly or implicitly teach that camera 1 receives a confirmation of an intent to upload (i.e., associate) the image file on camera 1 (i.e., one or more image files, video files or audio files) with the local shell account 304 (i.e., the account). But even if this were true, a POSA would have understood that Creamer could be modified to incorporate a dialogue box asking the user to confirm that the user either (1) accepts the settings or (2) wishes to continue with the planned uploading. (Id. at 156.) These modifications, namely, confirmation dialogue boxes, were commonplace and well known in the prior art. (Id.) Their benefits and disadvantages were also well understood. (Id.) Thus, a POSA would have implemented a confirmation dialogue box, or not, as a simple design choice based on the needs and incentives of the particular system. (Id.) A POSA also would have expected this modification to be successful because confirmation dialogue boxes had been used successfully in numerous software packages well before the time of the alleged invention. (Id.)

42 It would have been obvious to a POSA at the time of the alleged invention to ask the user to confirm whether to upload the image files before doing so because it would have provided an opportunity to cancel the upload. (Id. at 157.) A POSA would have recognized that a user has several reasons for wanting to cancel a pending upload, e.g., not liking the image after previewing it or being unaware that the camera was automatically uploading pictures. (Id.) It also would have been obvious to a POSA at the time of the alleged invention to ask the user to confirm whether to update the settings because it would have given the user an opportunity revert to previous settings. (Id. at 158.) A POSA would have recognized that a user has several reasons for wanting to undo changes to the settings and parameters, such as, for example, wanting to undo several changes to the settings if the user had made changes but had since changed one s mind. (Id.) Accordingly, Creamer also renders obvious receiving, by said client device, a confirmation of an intent to associate said one or more image files, video files or audio files with said account. (Id. at 159.) (f) [1.4.1]: pre-processing said identified one or more image files, video files or audio files using pre-processing parameters received from a remote server Elements [1.4.1] and [21.2.2] are substantially the same. While element [21.2.2] recites said pre-processing parameters enabling said client device to preprocess one or more image files, video files or audio files in a manner specified by

43 a distributing party for transfer of content to one or more devices separate from said client device, element [1.4.1] recites pre-processing said identified one or more image files, video files or audio files using pre-processing parameters received from a remote server. The discussion of element [21.2.2] addresses that the manner specified by a distributing party (i.e., local ISP 304) is also received from a remote server (i.e., local ISP 304). (Lippman Dec. 161.) For the same reasons presented for element [21.2.2], Creamer renders obvious element [1.4.1]. (Creamer, FIG. 8, 8:35-58, 12:5-9, 13:9-14, 14:65-15:2, 17:50-53, 18:61-19:13, 19:25-20:1, and 24:9-15; Creamer 97, FIG. 8, 12:23-13:11, 18:6-8, 21:8-11,23:24-26, 25:17-26:4, and 33:19-22.) (g) [1.4.2]: said received pre-processing parameters enabling said client device to pre-process said identified one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content, which is based on said pre-processed one or more image files, video files or audio files, to one or more devices separate from said client device Creamer discloses that the variables and parameters (i.e., the pre-processing parameters) enable camera 1 to adjust or compress (i.e., pre-process) the image files (i.e., the one or more image files, video files or audio files) in a manner specified by local ISP 304 (i.e., a distributing party) for transferring the adjusted and compressed image files (i.e., the content), which are based on the image files, to browser 310 (i.e., the one or more device separate from said client device). (Lipp

44 man Dec. 164.) As discussed in Section VII.A.1.(e), Creamer discloses that steps S36 and S38 adjust and compress the image files according to the variables and parameters stored in the structure of FIG. 5. (Creamer, 18:61-19:13; see also Creamer 97, 25:17-26:4.) As also discussed in Section VII.A.1.(d), the parameters and variables of the structure in FIG. 5 are received from a destination directory of the local shell account 306 provided by local ISP 304. (Creamer, 24:9-15; Creamer 97, 33:19-22.) As shown in FIG. 5, these variables and parameters include, for example (1) an IMAGE ADJUST variable group that includes settings for (e.g., JPEG) compression and correspond[s] to each color property of the image (e.g., contrast, hue, etc.), quantify an increase, decrease, or no change in a particular property for a particular image slot; (2) a FILE DEFINITION variable group that stores several parameters defining a file name, a destination directory, whether a file of the same name should be overwritten, and the number of retries and interval therebetween should the camera 1 fail to upload the image; and (3) a FILE TRANS- FER variable group that stores [a] file transfer protocol (e.g., FTP) host address (a predetermined Internet address such as, e.g., an IP address or URL), user ID and password for accessing the shell account on the Internet in which images will be stored. (Creamer, Fig. 5, 13:9-14, 13:40, 13:45-48, 14:65-15:2, 18:61-19:1, 24:9-15; Creamer 97, Fig. 5, 19:25-20:1, 20:9, 20:11-13, and 21:11-13.)) As a result, local ISP 304 (i.e., a distributing party) specifies the variables and parameters that

45 specify image adjustments and the manner in which camera 1 s image files are to be distributed. (Lippman Dec. 165.) Accordingly, Creamer discloses said received pre-processing parameters enabling said client device to pre-process said identified one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content. (Id.) Creamer also discloses that the local ISP 304 distributes the adjusted and compressed image files to one or more browsers 310 separate from the camera 1. (Id. at 166.) Specifically, Creamer states: Notably, the user directory stores compressed image files referenced by, or linked to, the Web page and viewable by any remote user using an accessing device, e.g., a personal computer 310 equipped with a Web browser linked to the Internet 308. (Creamer, 12:5-9; see also Creamer 97, 18:6-8; Creamer, FIGS. 4A, 4B.) The accessing devices that receive and view the pre-processed image files constitute one or more devices separate from the camera. (Lippman Dec. 166.) Accordingly, Creamer discloses pre-processing the identified image files for transfer of content, which is based on said preprocessed one or more image files, video files or audio files, to one or more devices separate from said client device. (Id. at 167.) (h) [1.5]: transmitting said pre-processed one or more image files, video files or audio files Elements [1.5] and [21.3] are substantially the same. While element [21.3] recites receiving, from said client device, one or more image files, video files or

46 2. Creamerr renders obvious claims 2, 7,, 11, 18, and 19. Petition for Inter Partes Review of Patent No. 8, 612,515 audio files that have been pre-processed at said client device in accordance with said transmitted pre-process sing parameters, element [1.5] recites transmitting said pre-processed one or more image files, video files or audio files. The receiv- receiving... also applies to element [1.5] s transmitting. (Id.) For the same rea- ing and transmitting refer to different perspective es regarding the same preprocessed files. (Lippman Dec. 169.) The analysis of element [21.3] regardingg sons as presented for element [21.3], Creamer discloses element [1.5]. (Id. at 170; Creamer, FIG. 5, 18:61-19:13; Creamer 97, FIG. 5,, 25:17-26:4.) Claims 2, 7, 11, 18, and 19 depend from claim 1, which is obvious over Creamer for the reasons explained above in Section VII.B. 1. Creamer also renders obvious each and every feature of claims 2, 7, 11, 18, and 19 as explained below. (a) [2.1]: said transmittin ng information comprises trans- a mitting an identifierr associated with a user and password from said client device to said host server Creamer renders obvious claim 1, as discussed above in Section VII.B.1.. (Lippman Dec ) Further, as discussedd for element [21.1.1], Creamerr teaches that transmitting a user ID and passwordd (i.e., transmitting information) comprises transmitting a user ID (i.e., an identifier associated with a user) and a password (i.e., the password) from camera 1 (i.e., said client device) to the local ISP 304 (i.e., said host server). (Id. at 173; Creamer, 11:56-12:4; Creamer 97,

47 17:24-18:5; see also Creamer, 12:36-47; Creamer 97, 19:1-8.) The user ID and password constitute the transmitted information. (Lippman Dec. 173.) The user ID and password enable the camera 1 to access the local shell account 306. (Id.) Accordingly, Creamer discloses [t]he method of claim 1, wherein said transmitting information comprises transmitting an identifier associated with a user and a password from said client device to said host server. (Id. at 174.) (b) [7.1]: said pre-processing comprises pre-processing using pre-processing parameters that originate with said host server Creamer renders obvious claim 1, as discussed above in Section VII.B.1. (Id. at ) Further, as discussed for element [21.2.1], Creamer teaches adjusting and converting (i.e., pre-processing) using the variables and parameters stored in FIG. 5 s structure (i.e., the pre-processing parameters) that originate with local ISP 304 (i.e., the host server). (Id. at 176; see also Creamer, 24:9-15; Creamer 97, 33:19-22.) Thus, camera 1 (i.e., the client device) receives variables and parameters stored in FIG. 5 s structure (i.e., the pre-processing parameters) from the destination directory of local shell account 306 provided by local ISP 304 (i.e., the host server). (Lippman Dec. 176.) In other words, a new, full set of operational parameters are placed in the user s destination directory. (Id.) The parameters identified as new are first created in the user s destination directory. (Id.) Accordingly, Creamer discloses pre-processing comprises pre-processing using pre-processing

48 parameters that originate with said host server. (Id. at 177.) (c) [11.1]: said pre-processing comprises resizing said one or more image files, video files or audio files Creamer renders obvious claim 1, as discussed above in Section VII.B.1. (Lippman Dec ) Further, Creamer teaches that camera 1 (i.e., the client device) resizes the image files (i.e., one or more image files, video files or audio files). (Id. at 179.) Creamer discloses that steps S36 and S38 adjust and compress the image files according to the variables and parameters stored in the structure of FIG. 5. (See Creamer, 18:61-19:13; see also Creamer 97, 25:17-26:4.) Creamer s color adjusting circuit 256 performs the adjusting and can include a scaling module for interpolating or resampling the stored image to increase or decrease the size of the stored image, including adjustment of an aspect ratio of the image and cropping of any portion of the image. (Creamer, 8:35-50 (emphasis added); see also Creamer 97, 12:23-13:6; Creamer, 18:61-19:13; Creamer 97, 25:17-26:4.) Creamer also discloses compressing the image to a desired compression level. (Creamer, 11:27-31; Creamer 97, 17:6-8.) Increasing or decreasing the stored image size, adjusting the image aspect ratio, cropping the image, and compressing the image each constitute resizing the image files. (Lippman Dec. 179.) Accordingly, Creamer teaches said pre-processing comprises resizing said one or more image files, video files or audio files. (Id. at 180.) (d) [18.1]: said transmitting comprises transmitting loca

49 tion information Creamer renders obvious claim 1, as discussed above in Section VII.B.1. (Id. at ) Further, Creamer teaches that transmitting the adjusted and compressed images (i.e., the transmitting) comprises transmitting addressing information (i.e., location information). (Id. at 182.) In FIG. 4A, camera 1 is connected, using, e.g., PPP (telephone transmission) and TCP/IP (transport control), to a local or remote ISP via a telephone system (or cable network) 302. (Creamer, 11:58-61 (emphasis added); Creamer 97, 17:22-24.) Hence, Creamer s camera 1 employs TCP/IP as a connection medium, so TCP/IP is used to transmit adjusted and compressed files via FTP. (Lippman Dec. 182.) Regarding TCP/IP, Creamer states: The transport control protocol stack, as controlled by the microcontroller 200, packetizes all data transmitted under the transport control protocol (e.g., TCP/IP) connection, and inserts header information (including addressing information) into each packet. Accordingly, when the camera 1 is connected to the Internet via the network interface device 236 under the transport control protocol, all transmissions, including those of image files, are packetized and addressed according to the transport control protocol. (Creamer, 9:30-39 (emphasis added); Creamer 97, 14:8-13.) When using Creamer s TCP/IP, all data, including the data used for transmitting files, is packetized with addressing information inserted into each packet. (Lippman Dec. 182.)

50 Thus, camera 1 transmits address information (i.e., location information) with each packet when camera 1 transmits the adjusted and compressed image files. (Id.) Accordingly, Creamer discloses said transmitting comprises transmitting location information. (Id. at 183.) (e) [19.1]: reporting a status of said transmission of said pre-processed one or more image files, video files or audio files Creamer renders obvious claim 1, as discussed above in Section VII.B.1. (Id. at ) Further, Creamer discloses sending an (i.e., reporting) with the transmission status of the adjusted and compressed files (i.e., transmission of said pre-processed one or more image files, video files or audio files). (Id. at 185.) For example, Creamer discloses that when the capture and transmit routines are completed, the process shown in FIG. 7 proceeds to step S24 (a reporting routine described below with respect to FIG. 15). (Creamer, 17:50-55; Creamer 97, 23:24-24:1.) Regarding the reporting routine, Creamer states: In the reporting routine, the microcontroller 200 uses the addressing information stored in the COMMUNICATIONS: CAMERA ADDRESS (e.g., SMTP server) and REPORTING: ADDRESS variable groups to send simple messages reporting the status of the camera 1 (i.e., sending the contents of the reporting buffer as part of an message), and/or the contents of designated image slots as attachments, to an address anywhere on the Internet. (Creamer, 25:22-30 (emphasis added); see also Creamer 97, 35:16-21; Creamer,

51 Petition for Inter Partes Review of Patent No. 8, 612,515 25:44-26:15; Creamer 97, 36:5-37:3.) In other words, the camera 1 reports the status of image uploads, errors, and changes in operational parameters, as well as sending attached image files, via sent over the Internet. (Creamer, 25:5-8; Creamer 97, 35:23-25.) Thus, Creamer discloses sending an (i.e., report- ing) with the transmission status of the adjusted and compressed files (i.e., trans- mission of said pre-processed one or more imagee files, video files or audio files). (Lippman Dec. 185.) Accordingly, Creamer discloses reporting a status of said transmission of said pre-processed one or more image files, video files or audio files. (Id. at 186.) 3. Creamerr renders obvious claim 23. Claim 23 and claim 1 are exactly the same, except that claim 23 recites usa ing pre-processindevice separate from said client device instead of using pre-processing parame- ters received from a remote server. This difference is trivial, non-patentable, and parameters that have been loaded onto said client device by in any event explicitly taught in Creamer. (Id. at 187.) Creamer discloses thatt the ISP-provided local shell account 306 transmits variables and parameters to be stored on camera 1 (i.e., the client device). (Creamer, 24:9-15; Creamer 97, 33:19-22; Lippman Dec. 187.) Accordingly y, Creamerr discloses that the variables and parameters loadedd onto camera 1 by a device separate from camera 1. (Lippman Dec. 187.) And in the context of claims 1 and 23, a device separate from said

52 Petition for Inter Partes Review of Patent No. 8, 612,515 client device is synonymous with a remote server. (Id.) Accordingly, Creamer discloses using pre-process sing parameters that have been loaded onto said client device by a devicee separate from said client device as explained regarding ele- ment [1.4.1]. (Id.) Thus, claim 23 is obvious over Creamer r for the same reasonss as claim 1 explained in Section VII.B.1. (Id. at 188.) 4. Creamerr renders obvious claims 26, 29, 30, and 38. Claims 26, 29, 30, and 38 depend from claim 23, which is obvious over Creamer for the reasons explained above. Creamer also renders obvious each and every feature of claims 26, 29, 30, and 38 as explained below. (a) [26.1]: said transmitting information comprises transmitting an identifier associated with a user and a password from said client device to said host server Creamer renders obvious claim 23, as discussed above in Section VII.B.3. (Id. at ) Further, as discussed for element [21.1.1], Creamer teaches that transmitting a user ID and password (i.e., transmitting information) comprises transmitting a user ID (i.e., an identifier associated with a user) and a password (i.e., the password) from camera 1 (i.e., said client device) to the local ISP 304 (i.e., said host server). (Id. at ; Creamer,, 11:56-12:4; Creamer 97, 17:24-18:5; see also Creamer, 12:36-47; Creamer 97, 19:1-8.) The user ID and password constitute the transmitted information. (Lippmann Dec. 192.) The user ID and password enable the cameraa 1 to access the locall shell account 306. (Id.) Accord

53 ingly, Creamer discloses said transmitting information comprises transmitting an identifier associated with a user and a password from said client device to said host server. (Id. at 193.) (b) [29.1]: said pre-processing comprises reducing a file size or compressing said one or more image files, video files or audio files Creamer renders obvious claim 23, as discussed in Section VII.B.3. (Id. at ) Further, Creamer s camera 1 (i.e., the client device) compresses the image files (i.e., one or more image files, video files or audio files). (Id. at ) Creamer s step S38 compresses the image files according to the variables and parameters stored in the structure of FIG. 5. (See Creamer, 19:9-22; see also Creamer 97, 26:1-9.) Creamer s compression engine 224 implements image compression under a JPEG standard, but may be alternatively arranged to output other image formats (e.g., TIFF, GIF) and/or other compression schemes (e.g., Huffman, wavelet, fractal). (Creamer, 8:22-25 (emphasis added); Creamer 97, 12:17-20; see also Creamer, 8:25-34, 19:9-22; Creamer 97, 12:20-22, 26:1-9.) Hence, Creamer teaches compressing the image files. (Lippman Dec. 196.) Accordingly, Creamer teaches said pre-processing comprises reducing a file size or compressing said one or more image files, video files or audio files. (Id. at 197.) (i) [30.1]: said pre-processing comprises resizing said one or more image files, video files or audio files

54 Creamer renders obvious claim 23, as discussed above in Section VII.B.3. (Id. at ) Further, Creamer teaches that camera 1 (i.e., the client device) resizes the image files (i.e., one or more image files, video files or audio files). (Id. at ) Creamer discloses that steps S36 and S38 adjust and compress the image files according to the variables and parameters stored in the structure of FIG. 5. (See Creamer, 18:61-19:13; see also Creamer 97, 25:17-26:4.) Creamer s color adjusting circuit 256 performs the adjusting and can include a scaling module for interpolating or resampling the stored image to increase or decrease the size of the stored image, including adjustment of an aspect ratio of the image and cropping of any portion of the image. (Creamer, 8:35-50 (emphasis added); see also Creamer 97, 12:23-13:6; Creamer, 18:61-19:13; Creamer 97, 25:17-26:4.) Creamer also discloses compressing the image to a desired compression level. (Creamer, 11:27-31; Creamer 97, 17:6-8.) Increasing or decreasing the stored image size, adjusting the image aspect ratio, cropping the image, and compressing the image file each constitute resizing the image files. (Lippman Dec. 200.) Accordingly, Creamer teaches said pre-processing comprises resizing said one or more image files, video files or audio files. (Id. at 201.) (c) [38.1]: reporting a status of said transmission of said pre-processed one or more image files, video files or audio files Creamer renders obvious claim 23, as discussed above in Section VII.B

55 Petition for Inter Partes Review of Patent No. 8, 612,515 (Id. at ) Further, Creamer teaches reporting a transmission status of the adjustedd and compressed image files (i.e., the one or more image files, video files or audio files). (Id. at ) Creamer teaches reporting results (step S24) after transmitting the image files (step S23). (Creamer, FIG. 1; Creamer 97, FIG. 1. ) Creamer s FIG. 15 shows reporting routine that is executed following any of steps S18, S20, or S24 and that sends a reporting . (Creamer, 24:64-25:5; Creamer 97, 35: :1-35:6.) Creamer teaches that [i]n this manner, the owner or operator of the camera 1 may receive status reports from thee camera, as well as or including attached image files. (Creamer, 25:6-8 (emphasis added); see also Creamer 97, 35:6-8.) In other words, the camera 1 reports the status off image uploads, errors, and changes in operational parameters, as well ass sending attached image files, via sent over the Internet. (Creamer, 26:5-8 (emphasiss added); Creamer 97, 36:23-25.) Thus, Creamer teaches thatt camera 1 reports the status of transmitting the adjusted and compressed image files. (Lippman Dec. 204.) Accordingly, Creamer teaches reporting a status of said transmission off said pre-processed one or more image files, video files or audio files. (Id. at 205.) 5. Creamerr renders obvious claim 39. (a) [39.P]:A client device for pre-processing, comprising Elements [39.P] and [21.P] are substantial lly the same. While element [21.P] recites [a] method for receiving one or more pre-processed image files, video files

56 or audio files, comprising the following computer implemented steps, element [39.P] recites [a] client device for pre-processing. But as shown below, the computer-implemented steps of element [21.P] and the client device of element [39.P] relate closely as complementary parts of a single system. (Id. at 207.) For the same reasons as element [21.P] and its method steps, Creamer renders obvious the device of element [39.P] and its constituent parts. (Lippman Dec ; Creamer, Abstract, 6:65-7:1, 11:27-31; Creamer 97, Abstract, 10:16-17, 17:6-8.) (b) [39.1.1]: a transmitter that transmits information that enables access to an account that is associated with a user Elements [39.1.1] and [21.1.1] are substantially the same. Element [21.1.1] recites receiving, from a client device, information that enables access to an account that is associated with a user, and element [39.1.1] recites a transmitter that transmits information that enables access to an account that is associated with a user. The receiving and transmitting correspond to the same transfer of information, but from the different perspectives of a server and client device, respectively. (Lippman Dec. 210.) For the same reasons as element [21.1.1], Creamer renders obvious element [39.1.1]. (Lippman Dec ; Creamer 11:56-12:4, 12:36-47; Creamer 97, 17:24-18:5, 19:1-8.) (c) [39.1.2]: said access to said account conditioned on a receipt of an identifier at a host server Elements [39.1.2] and [21.1.2] are substantially the same. While element

57 [21.1.2] recites said access to said account conditioned on a receipt of an identifier, element [39.1.2] recites said access to said account conditioned on a receipt of an identifier at a host server. The discussion of element [39.1.2] addresses that the identifier is received at local ISP 306 (i.e., the host server). (Lippman Dec. 213.) For the same reasons as element [21.1.2], Creamer renders obvious element [39.1.2]. (Lippman Dec ; Creamer, FIG. 11, 12:9-14, 20:14-16, 21:12-21, 21:41-45; Creamer 97, FIG. 11, 18:8-12, 27:22-24, 29:13-17, 29:26-30:2.) (d) [39.2]: a computer usable medium having computer readable program code means embodied therein for enabling a receipt of an identification of one or more image files, video files or audio files to associate with said account Elements [39.2] and [1.2] are substantially the same. While element [1.2] recites receiving an identification of one or more image files, video files or audio files to associate with said account, element [39.2] recites a computer usable medium having computer readable program code means embodied therein for enabling a receipt of an identification of one or more image files, video files or audio files to associate with said account. Compared to element [1.2], element [39.2] adds a computer usable medium having computer readable program code means embodied therein for performing the function of [1.2]. Creamer discloses [t]he portable standalone camera along with the processing features of the camera are implemented on a computer as camera 1 is preferably controlled by an integrated

58 microcontroller 200, which includes: a main processor or microprocessor 201. (Creamer, 6:65-7:1; Creamer 97, 10:16-17.) Element [39.1] recites a means-plus-function term computer readable program code means. The claimed function of this means-plus-function term is enabling a receipt of an identification of one or more image files, video files or audio files to associate with said account and Patent Owner identifies FIGs. 1-4B; column 3, lines 18-54; column 4, lines 4-6 and 17-34; and column 5, line 13, to column 6, line 36, as disclosing the corresponding structure. 7 (Claim Construction Brief, pp ) Assuming that FIGs. 1-4B; column 3, lines 18-54; column 4, lines 4-6 and 17-34; and column 5, line 13, to column 6, line 36, of the 515 patent disclose the corresponding structure for a computer readable program code means that enables a receipt of an identification of one or more image files, video files or audio files to associate with said account, Creamer discloses the same structure and function, as explained below. (Lippman Dec. 217.) Creamer discloses its integrated camera containing program code, and computer readable medium as stated in the following excerpt: [T]he microcontroller 200 is first booted and initialized at step S10. In step S10, the necessary routines for basic operation of the micro- 7 Again, Petitioner reserves the right to argue that this term is indefinite in litigation. (See Joint Claim Constr., pp )

59 controller 200 are loaded, according to the boot ROM 230, from the NVRAM 242 into the memory 228. These routines/applications/drivers include at least... [an] operating system.... Subsequently, data and applications may be called from or loaded to the NVRAM 242, the compression engine 224, and the GP memory 228 as needed to carry out the various functions of the system. (Creamer, 16:38-50; see also Creamer 97, 22:22-23:4.) As shown above, Creamer teaches or suggests that data and applications are called or loaded to system memory (i.e., a computer usable medium) to carry out the various system functions. (Lippman Dec. 218.) As explained regarding element [1.2], Creamer discloses that a plurality of image slots (e.g., FILE 1, FILE 2... FILE 9) are available for individual control, and each of the IMAGE FILES variable groups is provided for each image slot. (Creamer, 13:1-7; Creamer 97, 19:21-25.) Each image slot provided by the IM- AGE FILES menu/storage area allows the camera to identify which images are to be uploaded to the server. (Lippman Dec. 219.) Particularly, Creamer discloses that [a] FILE DEFINITION variable group stores several parameters defining a file name, a destination directory, whether a file of the same name should be overwritten, and the number of retries and interval therebetween should the camera 1 fail to upload the image. (Creamer, 13:9-14; Creamer 97, 19:25-20:1.) The filename (i.e., the identification) identifies the file (i.e., the one or more image files,

60 video file, or audio files) to upload (i.e., associate) to local shell account 306 (i.e., the account). Thus, Creamer s camera 1 receives from the menu/storage area an identification of image files to upload. (Lippman Dec. 219.) When the image files are later uploaded, the image files are associated with the local shell account. (Id.) Accordingly, Creamer discloses receipt of an identification of one or more image files, video files or audio files to associate with said account. (Id.) Accordingly, for the same reasons explained regarding element [1.2], Creamer renders obvious elements of [39.2]. (Id. at ) (e) [39.3.1]: a pre-processor that pre-processes said identified one or more image files, video files or audio files in preparation for transmission by said client device; [39.3.2] said pre-processor using pre-processing parameters that have been loaded onto said client device by a device separate from said client device Elements [39.3.1] and [39.3.2] are substantially the same as element [21.2.2]. While [21.2.2] recites said pre-processing parameters enabling said client device to pre-process one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content to one or more devices separate from said client device, elements [39.3.1] and [39.3.2] recite a pre-processor that pre-processes said identified one or more image files, video files or audio files in preparation for transmission by said client device, said preprocessor using pre-processing parameters that have been loaded onto said client device by a device separate from said client device. The discussion of element

61 [21.2.2] explains that the manner specified by a distributing party (i.e., local ISP 304) for transferring content to one or more devices separate the client device (i.e., local ISP 304) is also received from a remote server (i.e., local ISP 304). (Lippman Dec. 223.) For the same reasons presented for element [21.2.2], Creamer renders obvious elements [39.3.1] and [39.3.2]. (Lippman Dec ; Creamer, FIG. 8, 8:35-58, 12:5-9, 13:9-14, 14:65-15:2, 17:50-53, 18:61-19:13, 19:25-20:1, and 24:9-15; Creamer 97, FIG. 8, 12:23-13:11, 18:6-8, 21:8-11, 23:24-26, 25:17-26:4, and 33:19-22.) (f) [39.3.3]: said pre-processing parameters enabling said client device to pre-process said identified one or more image files, video files or audio files in a manner specified by a distributing party for transfer of content, which is based on said pre-processed one or more image files, video files or audio files, to one or more devices separate from said client device Elements [39.3.3] and [1.4.2] are substantially the same, differing only in that element [1.4.2 ] recites said received pre-processing parameters, while element [39.3.3] recites said pre-processing parameters. However, these differences are trivial, particularly in view of the teachings used to show that element [1.4.2] is rendered obvious by Creamer. (Lippman Dec. 226.) For the same reasons as explained regarding element [1.4.2], Creamer renders obvious element [39.3.3]. (Lippman Dec ; Creamer, FIGS. 4A and 4B, 12:5-9, 13:9-14, 14:65-15:2, 18:61-19:13, 24:9-15; Creamer 97, FIGS. 4A and 4B, 18:6-8, 19:25-20:1,

62 Petition for Inter Partes Review of Patent No. 8, 612,515 21:8-11, 25:17-26:4, 33:19-22.) 6. Creamerr renders obvious claim 52. Claims 52 and 1 are substantially the same, except in the following respects: (1) claim 52 does not recite receiving, by said client device, a confirmation of an intent to associate said one or more image files, video files or audio files with said account, as recited in claim 1; (2) claim 52 recites a plurality of image file, video files or audio files, instead of one or more image files, video files or audio files, as recited in claim 1; and (3) claim 52 recites using pre-processing parameters that have been loaded onto said client device by a device separate from said client device instead of using pre-processing parameters received from a remote serv- a er, as recited in claim 1. These differences are trivial and non-patentable, and Creamer discloses method for pre-processing a plurality of image file, video files or audio files and using pre-proces sing parameters that have beenn loaded onto said client device by a devicee separate from said client device as explained regarding element [1.4.1]. (Lippman Dec. 229.) Thus, Creamer renders obvious claim 52 for the same rea- sons as claim 1 explained in Section VII.B.1. (Id.) VIII. Ground 2: claim 5. Creamerr and Anderson 122 render obvious the client-side Claim 5 recites said receiving an identification comprises receiving via a web browser user interface. Claim 5 depends from claim 1, which Creamer ren

63 ders obvious claim 1 as discussed above in Section VII.B.1. (Id. at ) Further, the combination of Creamer and Anderson 122 teaches or suggests camera 1 receiving the identification of the image files via a web browser user interface. (Id. at ) Creamer s camera 1 receives from the menu/storage area an identification of image files to upload. (Creamer, 13:9-14; Creamer 97, 19:25-20:1; Lippman Dec. 234.) Creamer also teaches that a user may view and/or change any of the variables or parameters in the menu/storage structure. (Creamer, 27:48-51; Creamer 97, 39:12-13.) Creamer provides several examples of how a user edits the parameters including, for example, updating the parameters using buttons and a menu interface on the camera, receiving updated parameters from a PC 216 connected to camera 1 via a serial/irda port 210, or by downloading the parameters from local shell account 306. (Creamer, 29:48-53; Creamer 97, 40:18-21; see also Creamer, 24:9-15; Creamer 97, 33:19-22.) Simply put, Creamer teaches several flexible options for loading or updating parameters, such as identifying the images to process, onto camera 1. (Lippman Dec. 234.) Patent Owner may allege that Creamer does not explicitly or implicitly teach that camera 1 receives an identification of the image files to process (i.e., one or more image files, video files or audio files) via a web browser user interface. But even if this were true, a POSA would have understood that Creamer s camera

64 could be modified to receive parameters that specify the images for uploading by using the web browser interface taught by Anderson 122. (Id. at 235.) Anderson teaches a web page interface of the digital camera that provides: [A] readily familiar and intuitive interface for interaction and control of the camera by the user. Depending upon the particular application, the camera s Web pages include control buttons, data entry fields, drop down menus, or even more sophisticated objects (e.g., java applets) for interaction with the user. Using these Web pages, the user is able to access the functional controls of the camera in addition to the stored images. (Anderson 122, 15:28-35 (emphasis added).) For example, the user can modify the parameters of the application program executing within the camera. (Id. at 15:37-39.) Simply put, Anderson 122 s web page interface provides another interface for modifying the parameters of the camera. (Lippman Dec. 236.) It would have been obvious to a POSA at the time of the alleged invention to modify Creamer s camera 1 to include another method of modifying the parameters taught by Anderson 122 because Anderson 122 teaches that such a web page interface provides a readily familiar and intuitive interface for user interaction and control of the camera. (Id. at 237.) Specifically, Anderson 122 recognizes that this type of web page user interface is intuitively easy to utilize, without requiring a[n] extensive learning period for new users. (Anderson 122, 4:24-26 (emphasis added).) Hence, Anderson 122 provides an express motivation for combining An

65 Petition for Inter Partes Review of Patent No. 8, 612,515 derson 122 s web browser user interface with Creamer s camera 1. (Lippman Dec. 237.) Accordingly, the combination of Creamer and Anderson 1222 renders obvi- ous receiving an identification comprises receiving via a web browser user inter- face. (Id. at 238.) IX. Ground 3: Creamerr and Anderson 480 render claims 6, 28, and 53. obvious the client-side Claims 6, 28, and 53 depend from claims 1, 23, and 52, respectively, which is obvious over Creamer for the reasons explained above. Creamer in view of An- derson 480 renders obvious each and every feature of claims 6, 28, and 53 as ex- plained below. 1. [6.1]: displaying a thumbnail preview of said or more image files, video files or audio files identified one Creamer renders obvious claim 1, as discussed above in Section VII.B.1.. (Lippman Dec ) Further, the combination of Creamer and Andersonn 480 renders obvious that Creamer s camera displays a thumbnail preview of the image files identified by the variables and parameters stored in the structure of FIG. 5 (i.e., the identified one or more image files, video files or audio files). (Id. at 241.) Creamer teaches a second embodiment of camera 1 ( camera 1 ) that adds features to cameraa 1. (Creamer, 29:15-17, 29:43-45; Creamer 97, 39:22-23, 40:15-16.) These features include a detachable or integrated fulll video (LCD) display

66 Petition for Inter Partes Review of Patent No. 8, 612, (Creamer, 29:43-45; see also Creamer 97, 40:15-16.) Further, Creamer states: the display 218 shows a more accurate representation of the scene at which the cameraa 1 is directed than the viewfinder, and a more accurate preview of the image that will be captured. (Creamer, 29:48-53 (emphasis added); Creamer 97, 40:17-21.) Patent Owner may allege that Creamer does not explicitly or implicitly teach that camthe image era 1 displays a thumbnail preview of files (i.e., the identified one or more image files, video files or audio files). But even if this were true, a POSA would have under- stood that Creamer s cameraa 1 could be modified to display thumbnail image previews of the captured images as taughtt by Anderson 480. (Lippman Dec. 243.) Anderson 480 teaches a camera 110 that, like Creamer s camera 1, includes a display (i.e., LCD screen 402) for displaying images and a button (i.e., navigation control button 409) for interacting with the camera. (Anderson 480, 8:56-67, FIG. 9.) Anderson 480 further states: In a preferred embodiment, the review screen layout displays four thumbnails 700 at a time andd is based on a filmstrip metaphor which allows users to quickly move forward andd backward among pictures chrono- logically. (Id. at 8:53-56.) Anderson 480 s thumbnails represent small-sized versionss of the captured images and are intended to servee as navigational aids