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West View Research v. Audi AG

Representative Claim

The ’038 Patent (dependent claim 63)

  1. Smart computerized apparatus capable of interactive information exchange with a human user, the apparatus comprising:

a microphone;
one or more processors;
a capacitive touch-screen input and display device;
speech synthesis apparatus and at least one speaker in signal communication therewith;
input apparatus configured to cause the computerized apparatus to enter a mode whereby a user can speak a name of an entity into a microphone in signal communication with the computerized apparatus, the entity being an entity to which the user wishes to navigate; and
at least one computer program operative to run on the one or more processors and configured to engage the user in an interactive audible interchange, the interchange comprising:

digitization of the user’s speech received via the microphone to produce a digital representation thereof;
causation of use of the digitized representation to identify a plurality of entities which match at least a portion of the name;
causation of generation of an audible communication to the user via the speech synthesis apparatus in order to at least inform the user of the identification of the plurality of matches;
receipt of a subsequent speech input, the subsequent speech input comprising at least one additional piece of information;
digitization of the subsequent speech input to produce a digital representation thereof;
causation of utilization of at least the digital representation of the subsequent input to identify one of the plurality of entities which correlates to the entity to which the user wishes to navigate, and a location associated with the entity; and
causation of provision of a graphical representation of the location, including at least the immediate surroundings thereof, and at least one other entity geographically proximate to the entity.

  1. The apparatus of claim 60, wherein the communication link comprises a universal serial bus (USB) or other serialized bus protocol link.
  1. The apparatus of claim 61, wherein the computerized apparatus is further configured to download user-specific data to the portable device via the communication link.
  1. The apparatus of claim 62, wherein the computerized apparatus further comprises a short-range wireless interface configured to communicate data with a corresponding short range integrated circuit radio frequency device of the user, the short-range integrated circuit radio frequency device of the user configured to uniquely identify at least one of itself and/or the user so as to enable the computerized apparatus to configure the user-specific data according to one or more data parameters or profiles specific to the user.

The ’156 Patent (dependent claim 29)

  1. Computer readable apparatus comprising a storage medium, said storage medium comprising at least one computer program with a plurality of instructions, said at least one program being configured to:

receive input from a user via one of a plurality of different function keys associated with a touch-screen input and display device, each of the different function keys having a different context associated therewith;
forward the input to a remote networked server for determination of at least one context associated with the one function key and selection of advertising content, the selection being based at least in part on the determined context;
receive the selected advertising content; and
present the received content via the input and display device for viewing by the user.

  1. The apparatus of claim 25, wherein the plurality of different function keys associated with a touch-screen input and display device comprise a plurality of different “soft” function keys that are selected and generated on the input and display device display by the at least one computer program.
  1. The apparatus of claim 28, wherein the selection of the soft function keys depends at least in part on a display context determined by a user selection received via the input and display device, the user selection relating to a topical area.
  2. The apparatus of claim 29, wherein the topical area comprises either finance or weather, and the received input from a user via one of a plurality of different function keys associated with the touch-screen input and display device comprises a request for stock quotes or a weather forecast for a particular location, respectively.

Posture:

Appeals from the United States District Court for the Southern District of California in Nos. 3:14-cv-02668-CAB-WVG, 3:14-cv-02675-CAB-WVG, 3:14-cv-02677-CAB-WVG, 3:14-cv-02679-CAB-WVG, Judge Cathy Ann Bencivengo.

Abstract Idea: Yes

The Federal Circuit affirmed the district court’s Step One determination that the claims recited an abstract idea.  The court specifically stated that the analyzed claims did “not go beyond receiving or collecting data queries, analyzing the data query, retrieving and processing the information constituting a response to the initial data query, and generating a visual or audio response to the initial data query.”  The Federal Circuit pointed to its precedent that has held “collecting information, analyzing it, and displaying certain results of the collection and analysis are a familiar class of claims directed to a patent-ineligible concept.”

 

Something More: No

The Federal Circuit upheld the district court’s Step Two determination that the claims lacked an inventive concept that transformed the abstract idea into a patent-eligible invention.  In particular, the specification recited “many different arrangements for the disposition of various components within the system …, all of which are encompassed within the scope of the present invention” but, the components involved in the “many different arrangements” were generic.

The Federal Circuit found that the analyzed claims confirmed what the specification recites.  The court continued, stating whether “analyzed individually or as an ordered combination, the claims [recited] conventional elements at a high level of generality and [did] not constitute an inventive concept.”  “Without more, the representative claims [failed] to recite an inventive concept under Alice step two.”