U.S. patent application number 16/654896 was filed with the patent office on 2020-04-16 for products and processes for indicating documents for a life based product.
The applicant listed for this patent is CFPH, LLC. Invention is credited to Stuart A. Hersch, Howard W. Lutnick, Laurence Rose.
Application Number | 20200118216 16/654896 |
Document ID | / |
Family ID | 39668980 |
Filed Date | 2020-04-16 |
United States Patent
Application |
20200118216 |
Kind Code |
A1 |
Lutnick; Howard W. ; et
al. |
April 16, 2020 |
PRODUCTS AND PROCESSES FOR INDICATING DOCUMENTS FOR A LIFE BASED
PRODUCT
Abstract
A method comprising receiving at least one document that is
associated with a life insurance policy; assigning a respective
value to each of the at least one document, in which the value
indicates a level of importance; determining a summation of the at
least one document; determining an indication for the life
insurance policy, in which the indication is based on the summation
of the at least one document and at least one of the values; and
displaying the indication.
Inventors: |
Lutnick; Howard W.; (New
York, NY) ; Hersch; Stuart A.; (New York, NY)
; Rose; Laurence; (Toronto, CA) |
|
Applicant: |
Name |
City |
State |
Country |
Type |
CFPH, LLC |
New York |
NY |
US |
|
|
Family ID: |
39668980 |
Appl. No.: |
16/654896 |
Filed: |
October 16, 2019 |
Related U.S. Patent Documents
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Application
Number |
Filing Date |
Patent Number |
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14334964 |
Jul 18, 2014 |
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16654896 |
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11847982 |
Aug 30, 2007 |
8788294 |
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14334964 |
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11613182 |
Dec 19, 2006 |
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11847982 |
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PCT/US2006/040427 |
Oct 17, 2006 |
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11613182 |
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60841269 |
Aug 30, 2006 |
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Current U.S.
Class: |
1/1 |
Current CPC
Class: |
G06Q 50/18 20130101;
G06Q 40/08 20130101 |
International
Class: |
G06Q 40/08 20060101
G06Q040/08; G06Q 50/18 20060101 G06Q050/18 |
Claims
1. (canceled)
2. A method comprising: transmitting, by a processor, to a remote
device a request for at least one document that supports a life
insurance policy, in which the remote device and the processor are
in communication over a network; receiving, by the processor, in
response to the request, the at least one document that supports
the life insurance policy; verifying, by the processor, that the at
least one document is authentic; evaluating, by the processor,
whether the at least one document contains complete information;
determining, by the processor, a respective value for each received
document based on at least one of: a source of the document, a type
of the document, and a pre-determined level of importance of the
document, in response to the at least one document being authentic
and containing complete information; determining, by the processor,
a quantity of documents received in response to the request;
assigning, by the processor, based on the quantity of documents
received and a value of each received document, a rating to the
life insurance policy, in which the rating affects a settlement
amount; identifying, by the processor, a color associated with the
rating; assigning, by the processor, the color to the life
insurance policy; and displaying, by the processor, the color
assigned to the life insurance policy.
3. The method of claim 2 further comprising: transmitting, by the
processor, a request to authenticate at least one received
document; and receiving, by the processor, an authentication of the
at least one received document.
4. The method of claim 2, in which determining the respective value
of each received document further comprises determining, by the
processor, the value based on a decision tree.
5. The method of claim 2, further comprising associating, by the
processor, each rating with a respective color.
6. The method of claim 5, wherein a first color corresponds to a
first rating and a second color corresponds to a second rating, in
which the first rating and the second rating are different.
7. The method of claim 5, in which the color corresponds to the
quantity of documents received.
8. The method of claim 5, in which the color corresponds to a
marketability of the life insurance policy.
9. The method of claim 2, further comprising storing, by the
processor, the received documents, the determined value and the
rating into a database that comprises policy information for a
plurality of available life insurance policies.
10. The method of claim 9 further comprising: receiving, by the
processor, at least one search criterion; searching, by the
processor, the database for at least one life insurance policy that
matches the at least one search criterion; retrieving, by the
processor, the at least one life insurance policy that matches the
at least one search criterion; and displaying, by the processor,
the at least one life insurance policy.
11. An apparatus comprising: a processor; and a memory, in which
the memory stores instructions which, when executed by the
processor, direct the processor to: transmit a request to a remote
device for at least one document that supports that a life
insurance policy, in which the remote device and the processor are
in communication over a network; receive, in response to the
request, the at least one document that supports the life insurance
policy; verify that the at least one document is authentic;
evaluate whether the at least one document contains complete
information; determine a respective value for each received
document based on at least one of: a source of the document, a type
of the document, and a pre-determined level of importance of the
document, in response to the at least one document being authentic
and containing complete information; determine a quantity of
documents received in response to the request; assign, based on the
quantity of documents received and a value of each received
document, a rating to the life insurance policy, in which the
rating affects a settlement amount; and identify a color associated
with the rating; assign the color to the life insurance policy; and
display the color assigned to the life insurance policy.
12. The apparatus of claim 11, in which the memory stores
instructions which, when executed by the processor, further direct
the processor to: transmit a request to authenticate at least one
received document; and receive an authentication of the at least
one received document.
13. The apparatus of claim 11, in which to determine the respective
value of each received document the instruction, when executed,
further cause the processor to determine the value based on a
decision tree.
14. The apparatus of claim 11, in which the instructions, when
executed, further direct the processor to associate each rating
with a respective color.
15. The apparatus of claim 14, in which a first color corresponds
to a first rating and a second color corresponds to a second
rating, in which the first rating and the second rating are
different.
16. The apparatus of claim 14, in which the color corresponds to
the quantity of documents received.
17. The apparatus of claim 14, in which the color corresponds to a
marketability of the life insurance policy.
18. The apparatus of claim 11, in which the memory stores
instructions which, when executed by the processor, further direct
the processor to store the received documents, the determined value
and the rating into a database that comprises policy information
for a plurality of available life insurance policies.
19. The apparatus of claim 18, in which the memory stores
instructions which, when executed by the processor, further direct
the processor to: receive at least one search criterion; search the
database for at least one life insurance policy that matches the at
least one search criterion; retrieve the at least one life
insurance policy that matches the at least one search criterion;
and display the at least one life insurance policy.
Description
[0001] This application is a continuation of U.S. patent
application Ser. No. 14/334,964 filed Jul. 18, 2014, which is a
continuation of U.S. patent application Ser. No. 11/847,982 filed
Aug. 30, 2007 (now U.S. Pat. No. 8,788,294), which is a
continuation-in-part of U.S. patent application Ser. No.
11/613,182, filed Dec. 19 2006; and is a continuation-in-part of
International Patent Application No. PCT/US2006/040427, filed Oct.
17, 2006, each of which is incorporated by reference herein in its
entirety. U.S. patent application Ser. No. 11/847,982 filed Aug.
30, 2007 claims the benefit of U.S. Provisional Patent Application
Ser. No. 60/841,269, filed Aug. 30, 2006.
DETAILED DESCRIPTION
A. System Implementation
[0002] Owners of life insurance policies sometimes find that they
no longer need or can no longer afford their policies. As a result,
some of these policy owners may choose to surrender the policy back
to the insurance company in exchange for the policy's cash value.
Other policy owners, however, may sell their existing policies to a
third-party investor who will collect the death benefit upon the
death of the insured. In return the investor pays the policy owner
a settlement amount, which will be a value less than that of the
value of the life insurance, and will take over payment of the life
insurance premiums. The settlement amount is affected by a number
of factors, including considerations for the insured's estimated
mortality, or life expectancy, and the associated cost of premiums
to keep the policy in force for that timeframe. Oftentimes, the
policy owner does not sell directly to the third-party investor,
but rather, the parties transact through a licensed broker.
[0003] Provided are products and processes for assisting the sale
and purchase of life insurance policies over the Internet.
Specifically, provided are products and processes for providing an
accurate indication of the reliability and value of a life
insurance policy. Although the term "life insurance" is used
throughout the disclosure, it is understood that the described
embodiments may be used to evaluate any instruments based on an
individual's life span, such as an annuity.
[0004] In one embodiment, a system may include one or more
workstations. Workstations may be local or remote, and are
connected by one or more communications links to a computer network
that is linked via the communications links to a server.
[0005] For example, the server may be any suitable server,
processor, computer, or data processing device, or combination of
the same. The server may be used to process, evaluate and search
the life insurance policies located on the system.
[0006] The computer network may be any suitable computer network,
including the Internet, an intranet, a wide-area network (WAN), a
local-area network (LAN), a wireless network, a digital subscriber
line (DSL) network, a frame relay network, an asynchronous transfer
mode (ATM) network, a virtual private network (VPN), a general
packet radio service (GPRS) network, or any combination of any of
the same. The communications links may be any communications links
suitable for communication data between workstations and the
server, such as network links, dial-up links, wireless links,
hard-wired links, fiber-optical links, etc.
[0007] The workstation may be computing devices, personal
computers, laptop computers, mainframe computers, dumb terminals,
data displays, Internet browsers, Personal Digital Assistants
(PDAs), two-way pagers, wireless terminals, portable telephones,
hand-held electronic devices, any other device that is capable of
processing and computing information, or any combination of the
same. The workstations may be used to sell life insurance policies,
as well as uploading relevant supporting documents. The
workstations also may be used to search, review, bid and purchase
life insurance policies.
[0008] The communications link may be any communications links
suitable for communicating data between the server and the
workstations, such as network links, dial-up links, wireless links,
hard-wired links, fiber-optical links, etc.
[0009] The workstation may include a processor, a display, an input
device, and a memory, which may be interconnected. In an
embodiment, the memory contains a storage device for storing a
workstation program for controlling a processor. The processor may
be used to run any of the steps for the methods and processes
described below. Likewise, a display is available to display, such
steps and search results. Furthermore, an input device may be used
by the user to upload various relevant supporting documents and
information, enter search criteria, and make bids and offers for
the life insurance polices.
[0010] The server may include the processor, the display, the input
device, and memory, all of which may be interconnected. In an
embodiment, the memory contains a storage device for storing the
supporting documents associated with a life insurance policy and
the search profiles sent by the user. The storage device further
contains a server program for controlling the processor. The
processor uses the server program to evaluate a life insurance
policy, especially for evaluating the supporting documents
associated with the life insurance policy. The processor also may
be used to match the search profile with the life insurance
policies stored within the system. In addition, the processor can
cause the system to send notification messages to users.
C. Methods and Processes
[0011] In one embodiment, a user may wish to sell a life insurance
policy using the system. A user may browse the system for recently
listed life insurance policies in order to determine a reasonable
price for her life insurance policy. In certain embodiment, the
user may limit the search only to life insurance policies that
share similar characteristics with the user's life insurance
policy. As will be described in detail below, in certain
embodiments, the user also may be a buyer of a life insurance
policy. The buyer may use the system in order to purchase a life
insurance policy.
[0012] A user of the system may create an account and a profile.
For example, the user may click on the "Create Account" link on the
homepage of the system. By doing so, the system directs her to a
"Create Profile" page, where the user is instructed to choose a
login name and password. The user may be instructed to enter
personal information (e.g., name, address, birth date, etc.) into
the system. In some embodiments, the fields are marked with an
asterisk (*) in order to distinguish between the required and
non-required fields. Once the user has finished entering personal
information, the user may click on the button "Register". The
system may store the newly created profile into memory and
automatically redirects the user back to the initial login
page.
[0013] The user logs into the system using the newly created
profile. In certain embodiments, the system authenticates the login
and password, and if the return value is "True", then the user may
be directed to the main page, e.g. the Life Markets Page. If the
return value is "False", then the system may alerts the user that
the login and password are incorrect and asks the user to re-enter
such details. For security reasons, some embodiments of the system
may limit the number of attempts a user may make before locking the
login process and requiring the user to contact a customer service
agent for further assistance.
[0014] Assuming that the user successfully logs into the system,
the user may choose from several options. In some embodiments, the
options may be displayed as a tab on the upper portion of the
display screen. These tabs may be labeled "Sell", "Search", "Buy,"
which correspond, respectively, to the act of selling a life
insurance policy, searching the system for a particular life
insurance policy, and purchasing a life insurance policy.
[0015] If the user selects the "Sell" tab, then the user is
directed to a new webpage and instructed to enter information
regarding the life insurance policy that she wishes to sell. Such
information may include the life insurance company, the value of
the policy, the term, the remaining payment amounts, etc. Using
this same page, the user also may upload one or more relevant
supporting documents that are associated with the life insurance
policy. A relevant supporting document may include, but is not
limited to, a life settlement application, an indicative purchase
offer, a life settlor's letter notifying insurer of sale of policy
and VOC request, a physician's letter of competency regarding
insured, a consent of a life settlor's spouse, an overview of life
settlement process, an acknowledgement of life settlement
transaction, a consent to change of beneficiary and release and
waiver of beneficiary rights, a life settlement proceeds
distribution form, an insured's designation of contacts, an
acknowledgment of primary designated contact responsibility, an
acknowledgment of alternate designated contact responsibility, an
insured's letter of designated contact, an escrow agreement, an
authorization for disclosure of protected health information, an
authorization of insured for use and disclosure of nonpublic
personal information, a policy owner's authorization for disclosure
of life insurance policy information, a life insurance policy
owner's disclosure of liens, an acknowledgment of life settler, a
life settlement agreement, a disclosure form, and a verification of
coverage form.
[0016] In some embodiments, the user does not upload any relevant
supporting documents. Instead, the user merely provides the
location of the document; or the user may provide some other source
or manner of obtaining the documents. The system then obtains the
document directly from the indicated source. For example, a user
may wish to designate that the system contact her primary care
physician in order to obtain certain medical records.
[0017] Upon receipt of a document, the system authenticates the
document. Various methods of authentication exist for different
types of documents. In some embodiments, the system may require
only the submission of certified documents. The system also may
require a signature and notarization of the document. Likewise, the
system may submit the document to a third-party for review in order
to determine the authenticity of the document. Still in other
embodiments, the system obtains the document directly from a
third-party source designated by the user. In such instances, the
system may authenticate the third-party source, such as requiring
proof of certain accreditations by a hospital or medical office.
Once the third-party source is authenticated, then it is registered
on the system as a participating third-party source. Any document
submitted by a participating third-party source is considered
properly authenticated. For example, a system may authenticate a
medical report by obtaining the medical report directly from a
participating medical office or hospital. A medical office or
hospital may be allowed to participate within the system only if it
fulfills certain criteria (e.g., accreditation) and also is
registered on the system. In the event that the system is notified
of any fraudulent practices by a participating medical office, then
the system may remove or refuse participation to the offending
medical office. If a system cannot authenticate a particular
document, it will reject the document and notify the user. However,
in other embodiments, an unauthenticated document also may be
stored in the system, but assigned a low value, as will be
described in detail below.
[0018] After the document has been authenticated, the system may
also evaluate the completeness of the document. The system reviews
the documents for any missing information, and may prompt the user
to supply any such missing elements. Similar to the authentication
process, the method of evaluating a document's completion may vary
for each document. In some embodiments, the system performs a
simple completion test based on the number of pages indicated by
the user. For example, if the user indicates that five pages of a
medical profile were uploaded, the system will verify that all five
pages of the medical profile have been uploaded. Still in more
advanced systems, a pre-determined set of criteria may be assigned
to each type of document. Whenever a user uploads a document, she
will indicate the document's type. The system will apply the
appropriate pre-determined criterion in order to determine the
completeness and/or authenticity of the document. If the system
determines that a particular document is incomplete, it rejects the
document and notifies the user. In other embodiments, the system
may notify the user of the missing elements and request that the
user supply such missing elements. Still other embodiments may
store the incomplete document on the system, but assign the
document with a low value.
[0019] Once a document has been successfully authenticated and
verified for completeness, the system evaluates the document in
order to assign a value. A value indicates the level of importance
of the document in relation to the sale of the life insurance
policy. The determination of value may be based on the type of
document. For example, a medical record may receive a higher value
than a legal document. A table of values may exist, so that each
type of document is assigned a respective value. The value also may
be derived from a set of equations or formulas as embodied in a
software program. In still other embodiments, the value is
determined from a decision tree containing one or more conditional
statements. For example, the decision tree may indicate that if the
document was derived from Hospital A, then it is assigned a high
value. However, if the document was derived from Hospital B, then
it is assigned a medium value. The value may be indicated by an
alphanumerical system (e.g. the characters A to Z and/or the
numbers 0 to 9), a color-scheme, a percentage, or a combination of
them. In some embodiments, the value may be pre-determined by the
user. Thus, the procedures for determining the value, as described
above, may serve as the default standard only. A user can override
this default value system by customizing a different set of values.
In another embodiment, a user may receive a customized set of
values from a third-party. For example, in an office environment,
an administrator may customize a set of values for the documents,
and then proceed to send the customized set of values to various
recipients in the office.
[0020] Typically, the higher the number of supporting documents,
the more reliable is the value associated with the life insurance
policy. Thus, the system may also maintain an internal counter
which tracks the number of documents associated with a particular
life insurance policy. Assuming that a document is properly
authenticated and verified for completeness, the counter is updated
automatically by one. Thus, at any given moment in time, the system
can accurately determine the summation of the total number of
documents associated with a life insurance policy.
[0021] Alternatively, there may be a pre-set number of required
documents for a type of life insurance policy. For example, a life
insurance policy of a terminally ill cancer patient may require, at
the very least, a medical report from the primary care physician, a
laboratory report from the radiologist, an evaluation from the
oncologist, a notarized living will that has been evaluated and
approved by an estate lawyer, etc. The summation may indicate the
percentage of the documents that have been received. The system may
also use a combination of the various methods described above for
evaluation.
[0022] Both the value and the number of supporting documents also
affect the overall indication, or rating assigned to a life
insurance policy. A rating is an indication by the system on the
investment quality of the life insurance policy. This rating is
similar to the securities rating that a bond issuer might receive
from an independent, professional credit rating service.
[0023] In an embodiment, the rating may be indicated by a color
scheme, in which each color is associated with a value or a piece
of information. For example, the color green may indicate life
insurance policies that include all the required relevant
supporting documents. A green indication also may indicate that the
system has evaluated the supporting documents, and it has designed
the life insurance policy to have the highest rating. On the other
hand, a red indication, for example, may indicate a lack of
supporting documents. A red indication also may indicate that the
system considers the available supporting documents to be
unreliable (e.g., the documents are unauthenticated, incomplete, or
received a low value). Various other colors also may be used to
represent various gradients of a rating.
[0024] After the user has finished uploading or designating the
location of various relevant supporting documents, the system may
save the data associated with these documents into a database
located within the memory. By doing so, the system may allow future
users (e.g., buyers) to search and locate these documents. As
described above, the system also may be used by a buyer of a life
insurance policy. The buyer must register and create a profile,
using a process similar to the one described above for a seller.
Once the buyer logs into the system, he may have several options,
including searching the available life insurance policies and
making a bid on a life insurance policy.
[0025] In an embodiment, the user may click on a "Search" tab,
which will direct the user to a new webpage. The user then may
create a search profile by entering one or more search criteria.
Search criteria may include at least one of the following: the
number of documents received, the value of the documents, the
indication, the age of policy holder, the life expectancy of the
policy holder, a type of life insurance policy, a type of disease
(e.g., cancer, AIDS, etc..) affecting the life insurance holder, or
a geographic location.
[0026] The system receives the search profile and matches the
elements of the search profile with the life insurance policies
stored on the system. In an embodiment, the system assigns a
percentage value of each "hit", or life insurance policy that
includes one or more of the desired search criteria. The system
then organizes the "hits" in accordance to a percentage value, and
displays the search results in such an order. For example, a user
may wish to search for a life insurance policy held by a male over
the age 60 years with an estimated life term of less than one year
and whose life insurance pay-out is greater than S500,000. In
another example, a user may wish to search for life insurance
policies that have received a green indication rating and have
monthly premiums less than S500.
[0027] After receiving the search results, the user may opt to
conduct a new search, or the user may wish to refine the search
results. The user may also double-click on a life insurance policy
in order to review the life insurance policy and/or the supporting
documents in further detail. The user also may submit a bid to
purchase the life insurance policy. Various methods of
electronically bidding, trading and buying insurance policies are
known. For example, the details regarding the systems and methods
of electronically trading insurance policies may be incorporated by
reference through patent Ser. No. ______, entitled "Systems and
Method for Electronically Trading Insurance Policies", field on
Oct. 17, 2005."
[0028] In addition, the system may also provide an alert function
to the user. The user may save a particular search profile to the
system's database. The system then automatically attempts to match
the search profile with life insurance policies within the database
at regular intervals (e.g., daily, monthly, etc.) The system also
may compare any new search results with the most recent search
result in order to determine if there are new hits. If a new hit is
determined, then the system may alert the user via a communications
means. The user may log into the system to review the new hits. An
alert may be sent via an e-mail message, a telephone call, postal
mail, or it may be merely displayed on a sidebar on the main Life
Markets Page, as described earlier.
[0029] Other modifications and variations will be apparent to those
skilled in the art.
C. General Matters
[0030] 1. Terms
[0031] The term "product" means any machine, manufacture and/or
composition of matter, unless expressly specified otherwise.
[0032] The term "process" means any process, algorithm, method or
the like, unless expressly specified otherwise.
[0033] Each process (whether called a method, algorithm or
otherwise) inherently includes one or more steps, and therefore all
references to a "step" or "steps" of a process have an inherent
antecedent basis in the mere recitation of the term `process` or a
like term. Accordingly, any reference in a claim to a `step` or
`steps` of a process has sufficient antecedent basis.
[0034] The terms "an embodiment", "embodiment", "embodiments", "the
embodiment", "the embodiments", "one or more embodiments", "some
embodiments", "certain embodiments", "one embodiment", "another
embodiment" and the like mean "one or more (but not all)
embodiments of the disclosed invention(s)", unless expressly
specified otherwise.
[0035] The term "variation" of an invention means an embodiment of
the invention, unless expressly specified otherwise.
[0036] A reference to "another embodiment" in describing an
embodiment does not imply that the referenced embodiment is
mutually exclusive with another embodiment (e.g., an embodiment
described before the referenced embodiment), unless expressly
specified otherwise.
[0037] The terms "including", "comprising" and variations thereof
mean "including but not limited to", unless expressly specified
otherwise.
[0038] The terms "a", "an" and "the" mean "one or more", unless
expressly specified otherwise.
[0039] The term "plurality" means "two or more", unless expressly
specified otherwise.
[0040] The term "herein" means "in the present application,
including anything which may be incorporated by reference", unless
expressly specified otherwise.
[0041] The phrase "at least one or, when such phrase modifies a
plurality of things (such as an enumerated list of things) means
any combination of one or more of those things, unless expressly
specified otherwise. For example, the phrase "at least one of a
widget, a car and a wheel" means either (i) a widget, (ii) a car,
(iii) a wheel, (iv) a widget and a car, (v) a widget and a wheel,
(vi) a car and a wheel, or (vii) a widget, a car and a wheel.
[0042] Numerical terms such as "one", "two", etc. when used as
cardinal numbers to indicate quantity of something (e.g., one
widget, two widgets), mean the quantity indicated by that numerical
term, but do not mean at least the quantity indicated by that
numerical term. For example, the phrase "one widget" does not mean
"at least one widget", and therefore the phrase "one widget" does
not cover, e.g., two widgets.
[0043] The phrase "based on" does not mean "based only on", unless
expressly specified otherwise. In other words, the phrase "based
on" describes both "based only on" and "based at least on".
[0044] The term "represent" and like terms are not exclusive,
unless expressly specified otherwise. For example, the term
"represents" do not mean "represents only", unless expressly
specified otherwise. In other words, the phrase "the data
represents a credit card number" describes both "the data
represents only a credit card number" and "the data represents a
credit card number and the data also represents something
else".
[0045] The term "whereby" is used herein only to precede a clause
or other set of words that express only the intended result,
objective or consequence of something that is previously and
explicitly recited. Thus, when the term "whereby" is used in a
claim, the clause or other words that the term "whereby" modifies
do not establish specific further limitations of the claim or
otherwise restricts the meaning or scope of the claim.
[0046] The term "e.g." and like terms mean "for example", and thus
does not limit the term or phrase it explains. For example, in the
sentence "the computer sends data (e.g., instructions, a data
structure) over the Internet", the term "e.g." explains that
"instructions" are an example of "data" that the computer may send
over the Internet, and also explains that "a data structure" is an
example of "data" that the computer may send over the Internet.
However, both "instructions" and "a data structure" are merely
examples of "data", and other things besides "instructions" and "a
data structure" can be "data".
[0047] The term "i.e." and like terms mean "that is", and thus
limits the term or phrase it explains. For example, in the sentence
"the computer sends data (i.e., instructions) over the Internet",
the term "i.e." explains that "instructions" are the "data" that
the computer sends over the Internet.
[0048] 2. Determining
[0049] The term "determining" and grammatical variants thereof
(e.g., to determine a price, determining a value, determine an
object which meets a certain criterion) is used in an extremely
broad sense. The term "determining" encompasses a wide variety of
actions and therefore "determining" can include calculating,
computing, processing, deriving, investigating, looking up (e.g.,
looking up in a table, a database or another data structure),
ascertaining and the like. Also, "determining" can include
receiving (e.g., receiving information), accessing (e.g., accessing
data in a memory) and the like. Also, "determining" can include
resolving, selecting, choosing, establishing, and the like.
[0050] The term "determining" does not imply certainty or absolute
precision, and therefore "determining" can include estimating,
predicting, guessing and the like.
[0051] The term "determining" does not imply that mathematical
processing must be performed, and does not imply that numerical
methods must be used, and does not imply that an algorithm or
process is used.
[0052] The term "determining" does not imply that any particular
device must be used. For example, a computer need not necessarily
perform the determining
[0053] 3. Disclosed Examples and Terminology are not Limiting
[0054] Neither the Title (set forth at the beginning of the first
page of the present application) nor the Abstract (set forth at the
end of the present application) is to be taken as limiting in any
way as the scope of the disclosed invention(s). An Abstract has
been included in this application merely because an Abstract of not
more than 150 words is required under 37 C.F.R. .sctn. 1.72(b).
[0055] The title of the present application and headings of
sections provided in the present application are for convenience
only, and are not to be taken as limiting the disclosure in any
way.
[0056] Numerous embodiments are described in the present
application, and are presented for illustrative purposes only. The
described embodiments are not, and are not intended to be, limiting
in any sense. The presently disclosed invention(s) are widely
applicable to numerous embodiments, as is readily apparent from the
disclosure. One of ordinary skill in the art will recognize that
the disclosed invention(s) may be practiced with various
modifications and alterations, such as structural, logical,
software, and electrical modifications. Although particular
features of the disclosed invention(s) may be described with
reference to one or more particular embodiments and/or drawings, it
should be understood that such features are not limited to usage in
the one or more particular embodiments or drawings with reference
to which they are described, unless expressly specified
otherwise.
[0057] The present disclosure is not a literal description of all
embodiments of the invention(s). Also, the present disclosure is
not a listing of features of the invention(s) which must be present
in all embodiments.
[0058] Devices that are described as in communication with each
other need not be in continuous communication with each other,
unless expressly specified otherwise. On the contrary, such devices
need only transmit to each other as necessary or desirable, and may
actually refrain from exchanging data most of the time. For
example, a machine in communication with another machine via the
Internet may not transmit data to the other machine for long period
of time (e.g. weeks at a time). In addition, devices that are in
communication with each other may communicate directly or
indirectly through one or more intermediaries.
[0059] A description of an embodiment with several components or
features does not imply that all or even any of such
components/features are required. On the contrary, a variety of
optional components are described to illustrate the wide variety of
possible embodiments of the present invention(s). Unless otherwise
specified explicitly, no component/feature is essential or
required.
[0060] Although process steps, algorithms or the like may be
described in a particular sequential order, such processes may be
configured to work in different orders. In other words, any
sequence or order of steps that may be explicitly described does
not necessarily indicate a requirement that the steps be performed
in that order. The steps of processes described herein may be
performed in any order practical. Further, some steps may be
performed simultaneously despite being described or implied as
occurring non-simultaneously (e.g., because one step is described
after the other step). Moreover, the illustration of a process by
its depiction in a drawing does not imply that the illustrated
process is exclusive of other variations and modifications thereto,
does not imply that the illustrated process or any of its steps are
necessary to the invention(s), and does not imply that the
illustrated process is preferred.
[0061] Although a process may be described as including a plurality
of steps, that does not imply that all or any of the steps are
preferred, essential or required. Various other embodiments within
the scope of the described invention(s) include other processes
that omit some or all of the described steps. Unless otherwise
specified explicitly, no step is essential or required.
[0062] Although a process may be described singly or without
reference to other products or methods, in an embodiment the
process may interact with other products or methods. For example,
such interaction may include linking one business model to another
business model. Such interaction may be provided to enhance the
flexibility or desirability of the process.
[0063] Although a product may be described as including a plurality
of components, aspects, qualities, characteristics and/or features,
that does not indicate that any or all of the plurality are
preferred, essential or required. Various other embodiments within
the scope of the described invention(s) include other products that
omit some or all of the described plurality.
[0064] An enumerated list of items (which may or may not be
numbered) does not imply that any or all of the items are mutually
exclusive, unless expressly specified otherwise. Likewise, an
enumerated list of items (which may or may not be numbered) does
not imply that any or all of the items are comprehensive of any
category, unless expressly specified otherwise. For example, the
enumerated list "a computer, a laptop, a PDA" does not imply that
any or all of the three items of that list are mutually exclusive
and does not imply that any or all of the three items of that list
are comprehensive of any category.
[0065] An enumerated list of items (which may or may not be
numbered) does not imply that any or all of the items are
equivalent to each other or readily substituted for each other.
[0066] 4. Computing
[0067] It will be readily apparent to one of ordinary skill in the
art that the various processes described herein may be implemented
by, e.g., appropriately programmed general purpose computers and
computing devices. Typically a processor (e.g., one or more
microprocessors, one or more microcontrollers, one or more digital
signal processors) will receive instructions (e.g., from a memory
or like device), and execute those instructions, thereby performing
one or more processes defined by those instructions.
[0068] A "processor" means one or more microprocessors, central
processing units (CPUs), computing devices, microcontrollers,
digital signal processors, or like devices or any combination
thereof.
[0069] Thus a description of a process is likewise a description of
an apparatus for performing the process. The apparatus that
performs the process can include, e.g., a processor and those input
devices and output devices that are appropriate to perform the
process.
[0070] Further, programs that implement such methods (as well as
other types of data) may be stored and transmitted using a variety
of media (e.g., computer readable media) in a number of manners. In
some embodiments, hard-wired circuitry or custom hardware may be
used in place of, or in combination with, some or all of the
software instructions that can implement the processes of various
embodiments. Thus, various combinations of hardware and software
may be used instead of software only.
[0071] The term "computer-readable medium" refers to any medium
that participates in providing data (e.g., instructions, data
structures) which may be read by a computer, a processor or a like
device. Such a medium may take many forms, including but not
limited to, non-volatile media, volatile media, and transmission
media. Non-volatile media include, for example, optical or magnetic
disks and other persistent memory. Volatile media include dynamic
random access memory (DRAM), which typically constitutes the main
memory. Transmission media include coaxial cables, copper wire and
fiber optics, including the wires that comprise a system bus
coupled to the processor. Transmission media may include or convey
acoustic waves, light waves and electromagnetic emissions, such as
those generated during radio frequency (RF) and infrared (IR) data
communications. Common forms of computer-readable media include,
for example, a floppy disk, a flexible disk, hard disk, magnetic
tape, any other magnetic medium, a CD-ROM, DVD, any other optical
medium, punch cards, paper tape, any other physical medium with
patterns of holes, a RAM, a PROM, an EPROM, a FLASH-EEPROM, any
other memory chip or cartridge, a carrier wave as described
hereinafter, or any other medium from which a computer can
read.
[0072] Various forms of computer readable media may be involved in
carrying data (e.g. sequences of instructions) to a processor. For
example, data may be (i) delivered from RAM to a processor; (ii)
carried over a wireless transmission medium; (iii) formatted and/or
transmitted according to numerous formats, standards or protocols,
such as Ethernet (or IEEE 802.3), SAP, ATP, Bluetooth.TM. and
TCP/IP, TDMA, CDMA, and 3G; and/or (iv) encrypted to ensure privacy
or prevent fraud in any of a variety of ways well known in the
art.
[0073] Thus a description of a process is likewise a description of
a computer-readable medium storing a program for performing the
process. The computer-readable medium can store (in any appropriate
format) those program elements which are appropriate to perform the
method.
[0074] Just as the description of various steps in a process does
not indicate that all the described steps are required, embodiments
of an apparatus include a computer/computing device operable to
perform some (but not necessarily all) of the described
process.
[0075] Likewise, just as the description of various steps in a
process does not indicate that all the described steps are
required, embodiments of a computer-readable medium storing a
program or data structure include a computer-readable medium
storing a program that, when executed, can cause a processor to
perform some (but not necessarily all) of the described
process.
[0076] Where databases are described, it will be understood by one
of ordinary skill in the art that (i) alternative database
structures to those described may be readily employed, and (ii)
other memory structures besides databases may be readily employed.
Any illustrations or descriptions of any sample databases presented
herein are illustrative arrangements for stored representations of
information. Any number of other arrangements may be employed
besides those suggested by, e.g., tables illustrated in drawings or
elsewhere. Similarly, any illustrated entries of the databases
represent exemplary information only; one of ordinary skill in the
art will understand that the number and content of the entries can
be different from those described herein. Further, despite any
depiction of the databases as tables, other formats (including
relational databases, object-based models and/or distributed
databases) could be used to store and manipulate the data types
described herein. Likewise, object methods or behaviors of a
database can be used to implement various processes, such as the
described herein. In addition, the databases may, in a known
manner, be stored locally or remotely from a device which accesses
data in such a database.
[0077] Various embodiments can be configured to work in a network
environment including a computer that is in communication (e.g.,
via a communications network) with one or more devices. The
computer may communicate with the devices directly or indirectly,
via any wired or wireless medium (e.g. the Internet, LAN, WAN or
Ethernet, Token Ring, a telephone line, a cable line, a radio
channel, an optical communications line, commercial on-line service
providers, bulletin board systems, a satellite communications link,
a combination of any of the above). Each of the devices may
themselves comprise computers or other computing devices, such as
those based on the Intel.RTM. Pentium.RTM. or Centrino.TM.
processor, that are adapted to communicate with the computer. Any
number and type of devices may be in communication with the
computer.
[0078] In an embodiment, a server computer or centralized authority
may not be necessary or desirable. For example, the present
invention may, in an embodiment, be practiced on one or more
devices without a central authority. In such an embodiment, any
functions described herein as performed by the server computer or
data described as stored on the server computer may instead be
performed by or stored on one or more such devices.
[0079] Where a process is described, in an embodiment the process
may operate without any user intervention. In another embodiment,
the process includes some human intervention (e.g., a step is
performed by or with the assistance of a human).
[0080] 5. Continuing Applications
[0081] The present disclosure provides, to one of ordinary skill in
the art, an enabling description of several embodiments and/or
inventions. Some of these embodiments and/or inventions may not be
claimed in the present application, but may nevertheless be claimed
in one or more continuing applications that claim the benefit of
priority of the present application. Applicants intend to file
additional applications to pursue patents for subject matter that
has been disclosed and enabled but not claimed in the present
application.
The following sections I-X provide a guide to interpreting the
present application.
[0082] I. Terms
[0083] The term "product" means any machine, manufacture and/or
composition of matter, unless expressly specified otherwise.
[0084] The term "process" means any process, algorithm, method or
the like, unless expressly specified otherwise.
[0085] Each process (whether called a method, algorithm or
otherwise) inherently includes one or more steps, and therefore all
references to a "step" or "steps" of a process have an inherent
antecedent basis in the mere recitation of the term `process` or a
like term. Accordingly, any reference in a claim to a `step` or
`steps` of a process has sufficient antecedent basis.
[0086] The term "invention" and the like mean "the one or more
inventions disclosed in this application", unless expressly
specified otherwise.
[0087] The terms "an embodiment", "embodiment", "embodiments", "the
embodiment", "the embodiments", "one or more embodiments", "some
embodiments", "certain embodiments", "one embodiment", "another
embodiment" and the like mean "one or more (but not all)
embodiments of the disclosed invention(s)", unless expressly
specified otherwise.
[0088] The term "variation" of an invention means an embodiment of
the invention, unless expressly specified otherwise.
[0089] A reference to "another embodiment" in describing an
embodiment does not imply that the referenced embodiment is
mutually exclusive with another embodiment (e.g., an embodiment
described before the referenced embodiment), unless expressly
specified otherwise.
[0090] The terms "including", "comprising" and variations thereof
mean "including but not limited to", unless expressly specified
otherwise.
[0091] The terms "a", "an" and "the" mean "one or more", unless
expressly specified otherwise.
[0092] The term "plurality" means "two or more", unless expressly
specified otherwise.
[0093] The term "herein" means "in the present application,
including anything which may be incorporated by reference", unless
expressly specified otherwise.
[0094] The phrase "at least one or, when such phrase modifies a
plurality of things (such as an enumerated list of things) means
any combination of one or more of those things, unless expressly
specified otherwise. For example, the phrase "at least one of a
widget, a car and a wheel" means either (i) a widget, (ii) a car,
(iii) a wheel, (iv) a widget and a car, (v) a widget and a wheel,
(vi) a car and a wheel, or (vii) a widget, a car and a wheel. The
phrase "at least one or, when such phrase modifies a plurality of
things does not mean "one of each of the plurality of things.
[0095] Numerical terms such as "one", "two", etc. when used as
cardinal numbers to indicate quantity of something (e.g., one
widget, two widgets), mean the quantity indicated by that numerical
term, but do not mean at least the quantity indicated by that
numerical term. For example, the phrase "one widget" does not mean
"at least one widget", and therefore the phrase "one widget" does
not cover, e.g., two widgets.
[0096] The phrase "based on" does not mean "based only on", unless
expressly specified otherwise. In other words, the phrase "based
on" describes both "based only on" and "based at least on". The
phrase "based at least on" is equivalent to the phrase "based at
least in part on".
[0097] The term "represent" and like terms are not exclusive,
unless expressly specified otherwise. For example, the term
"represents" do not mean "represents only", unless expressly
specified otherwise. In other words, the phrase "the data
represents a credit card number" describes both "the data
represents only a credit card number" and "the data represents a
credit card number and the data also represents something
else".
[0098] The term "whereby" is used herein only to precede a clause
or other set of words that express only the intended result,
objective or consequence of something that is previously and
explicitly recited. Thus, when the term "whereby" is used in a
claim, the clause or other words that the term "whereby" modifies
do not establish specific further limitations of the claim or
otherwise restricts the meaning or scope of the claim.
[0099] The term "e.g." and like terms mean "for example", and thus
does not limit the term or phrase it explains. For example, in the
sentence "the computer sends data (e.g., instructions, a data
structure) over the Internet", the term "e.g." explains that
"instructions" are an example of "data" that the computer may send
over the Internet, and also explains that "a data structure" is an
example of "data" that the computer may send over the Internet.
However, both "instructions" and "a data structure" are merely
examples of "data", and other things besides "instructions" and "a
data structure" can be "data".
[0100] The term "respective" and like terms mean "taken
individually". Thus if two or more things have "respective"
characteristics, then each such thing has its own characteristic,
and these characteristics can be different from each other but need
not be. For example, the phrase "each of two machines has a
respective function" means that the first such machine has a
function and the second such machine has a function as well. The
function of the first machine may or may not be the same as the
function of the second machine.
[0101] The term "i.e." and like terms mean "that is", and thus
limits the term or phrase it explains. For example, in the sentence
"the computer sends data (i.e., instructions) over the Internet",
the term "i.e." explains that "instructions" are the "data" that
the computer sends over the Internet.
[0102] Any given numerical range shall include whole and fractions
of numbers within the range. For example, the range "1 to 10" shall
be interpreted to specifically include whole numbers between 1 and
10 (e.g., 1, 2, 3, 4, . . . 9) and non-whole numbers (e.g., 1.1,
1.2, . . . 1.9).
[0103] Where two or more terms or phrases are synonymous (e.g.,
because of an explicit statement that the terms or phrases are
synonymous), instances of one such term/phrase does not mean
instances of another such term/phrase must have a different
meaning. For example, where a statement renders the meaning of
"including" to be synonymous with "including but not limited to",
the mere usage of the phrase "including but not limited to" does
not mean that the term "including" means something other than
"including but not limited to".
[0104] II. Determining
[0105] The term "determining" and grammatical variants thereof
(e.g., to determine a price, determining a value, determine an
object which meets a certain criterion) is used in an extremely
broad sense. The term "determining" encompasses a wide variety of
actions and therefore "determining" can include calculating,
computing, processing, deriving, investigating, looking up (e.g.,
looking up in a table, a database or another data structure),
ascertaining and the like. Also, "determining" can include
receiving (e.g., receiving information), accessing (e.g., accessing
data in a memory) and the like. Also, "determining" can include
resolving, selecting, choosing, establishing, and the like.
[0106] The term "determining" does not imply certainty or absolute
precision, and therefore "determining" can include estimating,
extrapolating, predicting, guessing and the like.
[0107] The term "determining" does not imply that mathematical
processing must be performed, and does not imply that numerical
methods must be used, and does not imply that an algorithm or
process is used.
[0108] The term "determining" does not imply that any particular
device must be used. For example, a computer need not necessarily
perform the determining
[0109] III. Forms of Sentences
[0110] Where a limitation of a first claim would cover one of a
feature as well as more than one of a feature (e.g., a limitation
such as "at least one widget" covers one widget as well as more
than one widget), and where in a second claim that depends on the
first claim, the second claim uses a definite article "the" to
refer to the limitation (e.g., "the widget"), this does not imply
that the first claim covers only one of the feature, and this does
not imply that the second claim covers only one of the feature
(e.g., "the widget" can cover both one widget and more than one
widget).
[0111] When an ordinal number (such as "first", "second", "third"
and so on) is used as an adjective before a term, that ordinal
number is used (unless expressly specified otherwise) merely to
indicate a particular feature, such as to distinguish that
particular feature from another feature that is described by the
same term or by a similar term. For example, a "first widget" may
be so named merely to distinguish it from, e.g., a "second widget".
Thus, the mere usage of the ordinal numbers "first" and "second"
before the term "widget" does not indicate any other relationship
between the two widgets, and likewise does not indicate any other
characteristics of either or both widgets. For example, the mere
usage of the ordinal numbers "first" and "second" before the term
"widget" (1) does not indicate that either widget comes before or
after any other in order or location; (2) does not indicate that
either widget occurs or acts before or after any other in time; and
(3) does not indicate that either widget ranks above or below any
other, as in importance or quality. In addition, the mere usage of
ordinal numbers does not define a numerical limit to the features
identified with the ordinal numbers. For example, the mere usage of
the ordinal numbers "first" and "second" before the term "widget"
does not indicate that there must be no more than two widgets.
[0112] When a single device, article or other product is described
herein, more than one device/article (whether or not they
cooperate) may alternatively be used in place of the single
device/article that is described. Accordingly, the functionality
that is described as being possessed by a device may alternatively
be possessed by more than one device/article (whether or not they
cooperate).
[0113] Similarly, where more than one device, article or other
product is described herein (whether or not they cooperate), a
single device/article may alternatively be used in place of the
more than one device or article that is described. For example, a
plurality of computer-based devices may be substituted with a
single computer-based device. Accordingly, the various
functionality that is described as being possessed by more than one
device or article may alternatively be possessed by a single
device/article.
[0114] The functionality and/or the features of a single device
that is described may be alternatively embodied by one or more
other devices which are described but are not explicitly described
as having such functionality/features. Thus, other embodiments need
not include the described device itself, but rather can include the
one or more other devices which would, in those other embodiments,
have such functionality/features.
[0115] IV. Disclosed Examples and Terminology are not Limiting
[0116] Neither the Title (set forth at the beginning of the first
page of the present application) nor the Abstract (set forth at the
end of the present application) is to be taken as limiting in any
way as the scope of the disclosed invention(s). An Abstract has
been included in this application merely because an Abstract of not
more than 150 words is required under 37 C.F.R. .sctn. 1.72(b).
[0117] The title of the present application and headings of
sections provided in the present application are for convenience
only, and are not to be taken as limiting the disclosure in any
way.
[0118] Numerous embodiments are described in the present
application, and are presented for illustrative purposes only. The
described embodiments are not, and are not intended to be, limiting
in any sense. The presently disclosed invention(s) are widely
applicable to numerous embodiments, as is readily apparent from the
disclosure. One of ordinary skill in the art will recognize that
the disclosed invention(s) may be practiced with various
modifications and alterations, such as structural, logical,
software, and electrical modifications. Although particular
features of the disclosed invention(s) may be described with
reference to one or more particular embodiments and/or drawings, it
should be understood that such features are not limited to usage in
the one or more particular embodiments or drawings with reference
to which they are described, unless expressly specified
otherwise.
[0119] No embodiment of method steps or product elements described
in the present application constitutes the invention claimed
herein, or is essential to the invention claimed herein, or is
coextensive with the invention claimed herein, except where it is
either expressly stated to be so in this specification or expressly
recited in a claim.
[0120] The preambles of the claims that follow recite purposes,
benefits and possible uses of the claimed invention only and do not
limit the claimed invention.
[0121] The present disclosure is not a literal description of all
embodiments of the invention(s). Also, the present disclosure is
not a listing of features of the invention(s) which must be present
in all embodiments.
[0122] Devices that are described as in communication with each
other need not be in continuous communication with each other,
unless expressly specified otherwise. On the contrary, such devices
need only transmit to each other as necessary or desirable, and may
actually refrain from exchanging data most of the time. For
example, a machine in communication with another machine via the
Internet may not transmit data to the other machine for long period
of time (e.g. weeks at a time). In addition, devices that are in
communication with each other may communicate directly or
indirectly through one or more intermediaries.
[0123] A description of an embodiment with several components or
features does not imply that all or even any of such
components/features are required. On the contrary, a variety of
optional components are described to illustrate the wide variety of
possible embodiments of the present invention(s). Unless otherwise
specified explicitly, no component/feature is essential or
required.
[0124] Although process steps, algorithms or the like may be
described or claimed in a particular sequential order, such
processes may be configured to work in different orders. In other
words, any sequence or order of steps that may be explicitly
described or claimed does not necessarily indicate a requirement
that the steps be performed in that order. The steps of processes
described herein may be performed in any order possible. Further,
some steps may be performed simultaneously despite being described
or implied as occurring non-simultaneously (e.g., because one step
is described after the other step). Moreover, the illustration of a
process by its depiction in a drawing does not imply that the
illustrated process is exclusive of other variations and
modifications thereto, does not imply that the illustrated process
or any of its steps are necessary to the invention(s), and does not
imply that the illustrated process is preferred.
[0125] Although a process may be described as including a plurality
of steps, that does not imply that all or any of the steps are
preferred, essential or required. Various other embodiments within
the scope of the described invention(s) include other processes
that omit some or all of the described steps. Unless otherwise
specified explicitly, no step is essential or required.
[0126] Although a process may be described singly or without
reference to other products or methods, in an embodiment the
process may interact with other products or methods. For example,
such interaction may include linking one business model to another
business model. Such interaction may be provided to enhance the
flexibility or desirability of the process.
[0127] Although a product may be described as including a plurality
of components, aspects, qualities, characteristics and/or features,
that does not indicate that any or all of the plurality are
preferred, essential or required. Various other embodiments within
the scope of the described invention(s) include other products that
omit some or all of the described plurality.
[0128] An enumerated list of items (which may or may not be
numbered) does not imply that any or all of the items are mutually
exclusive, unless expressly specified otherwise. Likewise, an
enumerated list of items (which may or may not be numbered) does
not imply that any or all of the items are comprehensive of any
category, unless expressly specified otherwise. For example, the
enumerated list "a computer, a laptop, a PDA" does not imply that
any or all of the three items of that list are mutually exclusive
and does not imply that any or all of the three items of that list
are comprehensive of any category.
[0129] An enumerated list of items (which may or may not be
numbered) does not imply that any or all of the items are
equivalent to each other or readily substituted for each other.
[0130] All embodiments are illustrative, and do not imply that the
invention or any embodiments were made or performed, as the case
may be.
[0131] V. Computing
[0132] It will be readily apparent to one of ordinary skill in the
art that the various processes described herein may be implemented
by, e.g., appropriately programmed general purpose computers,
special purpose computers and computing devices. Typically a
processor (e.g., one or more microprocessors, one or more
microcontrollers, one or more digital signal processors) will
receive instructions (e.g., from a memory or like device), and
execute those instructions, thereby performing one or more
processes defined by those instructions. Instructions may be
embodied in, e.g., one or more computer programs, one or more
scripts.
[0133] A "processor" means one or more microprocessors, central
processing units (CPUs), computing devices, microcontrollers,
digital signal processors, or like devices or any combination
thereof, regardless of the architecture (e.g., chip-level
multiprocessing/multi-core, RISC, CISC, Microprocessor without
Interlocked Pipeline Stages, pipelining configuration, simultaneous
multithreading).
[0134] Thus a description of a process is likewise a description of
an apparatus for performing the process. The apparatus that
performs the process can include, e.g., a processor and those input
devices and output devices that are appropriate to perform the
process.
[0135] Further, programs that implement such methods (as well as
other types of data) may be stored and transmitted using a variety
of media (e.g., computer readable media) in a number of manners. In
some embodiments, hard-wired circuitry or custom hardware may be
used in place of, or in combination with, some or all of the
software instructions that can implement the processes of various
embodiments. Thus, various combinations of hardware and software
may be used instead of software only.
[0136] The term "computer-readable medium" refers to any medium, a
plurality of the same, or a combination of different media, that
participate in providing data (e.g., instructions, data structures)
which may be read by a computer, a processor or a like device. Such
a medium may take many forms, including but not limited to,
non-volatile media, volatile media, and transmission media.
Non-volatile media include, for example, optical or magnetic disks
and other persistent memory. Volatile media include dynamic random
access memory (DRAM), which typically constitutes the main memory.
Transmission media include coaxial cables, copper wire and fiber
optics, including the wires that comprise a system bus coupled to
the processor. Transmission media may include or convey acoustic
waves, light waves and electromagnetic emissions, such as those
generated during radio frequency (RF) and infrared (IR) data
communications. Common forms of computer-readable media include,
for example, a floppy disk, a flexible disk, hard disk, magnetic
tape, any other magnetic medium, a CD-ROM, DVD, any other optical
medium, punch cards, paper tape, any other physical medium with
patterns of holes, a RAM, a PROM, an EPROM, a FLASH-EEPROM, any
other memory chip or cartridge, a carrier wave as described
hereinafter, or any other medium from which a computer can
read.
[0137] Various forms of computer readable media may be involved in
carrying data (e.g. sequences of instructions) to a processor. For
example, data may be (i) delivered from RAM to a processor; (ii)
carried over a wireless transmission medium; (iii) formatted and/or
transmitted according to numerous formats, standards or protocols,
such as Ethernet (or IEEE 802.3), SAP, ATP, Bluetooth.TM. and
TCP/IP, TDMA, CDMA, and 3G; and/or (iv) encrypted to ensure privacy
or prevent fraud in any of a variety of ways well known in the
art.
[0138] Thus a description of a process is likewise a description of
a computer-readable medium storing a program for performing the
process. The computer-readable medium can store (in any appropriate
format) those program elements which are appropriate to perform the
method.
[0139] Just as the description of various steps in a process does
not indicate that all the described steps are required, embodiments
of an apparatus include a computer/computing device operable to
perform some (but not necessarily all) of the described
process.
[0140] Likewise, just as the description of various steps in a
process does not indicate that all the described steps are
required, embodiments of a computer-readable medium storing a
program or data structure include a computer-readable medium
storing a program that, when executed, can cause a processor to
perform some (but not necessarily all) of the described
process.
[0141] Where databases are described, it will be understood by one
of ordinary skill in the art that (i) alternative database
structures to those described may be readily employed, and (ii)
other memory structures besides databases may be readily employed.
Any illustrations or descriptions of any sample databases presented
herein are illustrative arrangements for stored representations of
information. Any number of other arrangements may be employed
besides those suggested by, e.g., tables illustrated in drawings or
elsewhere. Similarly, any illustrated entries of the databases
represent exemplary information only; one of ordinary skill in the
art will understand that the number and content of the entries can
be different from those described herein. Further, despite any
depiction of the databases as tables, other formats (including
relational databases, object-based models and/or distributed
databases) could be used to store and manipulate the data types
described herein. Likewise, object methods or behaviors of a
database can be used to implement various processes, such as the
described herein. In addition, the databases may, in a known
manner, be stored locally or remotely from a device which accesses
data in such a database.
[0142] Various embodiments can be configured to work in a network
environment including a computer that is in communication (e.g.,
via a communications network) with one or more devices. The
computer may communicate with the devices directly or indirectly,
via any wired or wireless medium (e.g. the Internet, LAN, WAN or
Ethernet, Token Ring, a telephone line, a cable line, a radio
channel, an optical communications line, commercial on-line service
providers, bulletin board systems, a satellite communications link,
a combination of any of the above). Each of the devices may
themselves comprise computers or other computing devices, such as
those based on the Intel.RTM. Pentium.RTM. or Centrino.TM.
processor, that are adapted to communicate with the computer. Any
number and type of devices may be in communication with the
computer.
[0143] In an embodiment, a server computer or centralized authority
may not be necessary or desirable. For example, the present
invention may, in an embodiment, be practiced on one or more
devices without a central authority. In such an embodiment, any
functions described herein as performed by the server computer or
data described as stored on the server computer may instead be
performed by or stored on one or more such devices.
[0144] Where a process is described, in an embodiment the process
may operate without any user intervention. In another embodiment,
the process includes some human intervention (e.g., a step is
performed by or with the assistance of a human).
[0145] VI. Continuing Applications
[0146] The present disclosure provides, to one of ordinary skill in
the art, an enabling description of several embodiments and/or
inventions. Some of these embodiments and/or inventions may not be
claimed in the present application, but may nevertheless be claimed
in one or more continuing applications that claim the benefit of
priority of the present application.
[0147] Applicants intend to file additional applications to pursue
patents for subject matter that has been disclosed and enabled but
not claimed in the present application.
[0148] VII. 35 U.S.C. .sctn. 112, Paragraph 6
[0149] In a claim, a limitation of the claim which includes the
phrase "means for" or the phrase "step for" means that 35 U.S.C.
.sctn. 112, paragraph 6, applies to that limitation.
[0150] In a claim, a limitation of the claim which does not include
the phrase "means for" or the phrase "step for" means that 35
U.S.C. .sctn. 112, paragraph 6 does not apply to that limitation,
regardless of whether that limitation recites a function without
recitation of structure, material or acts for performing that
function. For example, in a claim, the mere use of the phrase "step
of or the phrase "steps or in referring to one or more steps of the
claim or of another claim does not mean that 35 U.S.C. .sctn. 112,
paragraph 6, applies to that step(s).
[0151] With respect to a means or a step for performing a specified
function in accordance with 35 U.S.C. .sctn. 112, paragraph 6, the
corresponding structure, material or acts described in the
specification, and equivalents thereof, may perform additional
functions as well as the specified function.
[0152] Computers, processors, computing devices and like products
are structures that can perform a wide variety of functions. Such
products can be operable to perform a specified function by
executing one or more programs, such as a program stored in a
memory device of that product or in a memory device which that
product accesses. Unless expressly specified otherwise, such a
program need not be based on any particular algorithm, such as any
particular algorithm that might be disclosed in the present
application. It is well known to one of ordinary skill in the art
that a specified function may be implemented via different
algorithms, and any of a number of different algorithms would be a
mere design choice for carrying out the specified function.
[0153] Therefore, with respect to a means or a step for performing
a specified function in accordance with 35 U.S.C. .sctn. 112,
paragraph 6, structure corresponding to a specified function
includes any product programmed to perform the specified function.
Such structure includes programmed products which perform the
function, regardless of whether such product is programmed with (i)
a disclosed algorithm for performing the function, (ii) an
algorithm that is similar to a disclosed algorithm, or (iii) a
different algorithm for performing the function.
[0154] Where there is recited a means for performing a function hat
is a method, one structure for performing this method includes a
computing device (e.g., a general purpose computer) that is
programmed and/or configured with appropriate hardware to perform
that function.
[0155] Also includes a computing device (e.g., a general purpose
computer) that is programmed and/or configured with appropriate
hardware to perform that function via other algorithms as would be
understood by one of ordinary skill in the art.
[0156] VIII. Disclaimer
[0157] Numerous references to a particular embodiment does not
indicate a disclaimer or disavowal of additional, different
embodiments, and similarly references to the description of
embodiments which all include a particular feature does not
indicate a disclaimer or disavowal of embodiments which do not
include that particular feature. A clear disclaimer or disavowal in
the present application shall be prefaced by the phrase "does not
include" or by the phrase "cannot perform".
[0158] IX. Incorporation by Reference Any patent, patent
application or other document referred to herein is incorporated by
reference into this patent application as part of the present
disclosure, but only for purposes of written description in
accordance with 35 U.S.C. .sctn. 112, paragraph 1 and enablement in
accordance with 35 U.S.C. .sctn. 112, paragraph 1, and should in no
way be used to limit, define, or otherwise construe any term of the
present application where the present application, without such
incorporation by reference, would not have failed to provide an
ascertainable meaning, but rather would have allowed an
ascertainable meaning for such term to be provided. Thus, the
person of ordinary skill in the art need not have been in any way
limited by any embodiments provided in the reference
[0159] Any incorporation by reference does not, in and of itself,
imply any endorsement of, ratification of or acquiescence in any
statements, opinions, arguments or characterizations contained in
any incorporated patent, patent application or other document,
unless explicitly specified otherwise in this patent
application.
[0160] X. Prosecution History
[0161] In interpreting the present application (which includes the
claims), one of ordinary skill in the art shall refer to the
prosecution history of the present application, but not to the
prosecution history of any other patent or patent application,
regardless of whether there are other patent applications that are
considered related to the present application, and regardless of
whether there are other patent applications that share a claim of
priority with the present application.
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