Match Group, LLC v. Bumble Trading Inc.

Western District of Texas, txwd-6:2018-cv-00080

Exhibit C

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93 Exhibit C 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD BUMBLE TRADING INC., Petitioner v. MATCH GROUP, LLC., Patent Owner Case No. IPR2019-00842 U.S. Patent No. 9,733,811 B2 Filing Date: October 21, 2013 Issue Date: August 15, 2017 Title: MATCHING PROCESS SYSTEM AND METHOD DECLARATION OF CHRISTOPHER M. SCHMANDT Bumble's Exhibit No. 1002 IPR2019-00842 Page 1 of 192 93 Table of Contents Page I. INTRODUCTION AND QUALIFICATIONS ..............................................1 A. Qualifications and Experience .............................................................1 B. Materials Considered............................................................................4 II. PERSON OF ORDINARY SKILL IN THE ART .........................................9 III. STATEMENT OF LEGAL PRINCIPLES ...................................................11 A. Claim Construction ............................................................................11 B. Obviousness........................................................................................13 IV. RELEVANT TECHNOLOGY BACKGROUND .......................................18 A. The Rise of Mobile Web Browsing and the Advent of Mobile User Interfaces and Mobile Applications ...........................................18 B. The History of "Swiping" ..................................................................21 C. Online Dating and Mobile Dating Apps ............................................27 V. THE '811 PATENT ......................................................................................31 A. Overview of the Specification ............................................................31 B. The Challenged Claims ......................................................................36 VI. APPLICATION OF THE PRIOR ART TO ASSERTED CLAIMS ........... 39 A. Brief Summary of Prior Art ...............................................................41 1. Chang [Ex. 1003] .....................................................................41 2. Norena [Ex. 1004] ....................................................................45 3. Wernick [Ex. 1005] ..................................................................48 4. Simkhai [Ex. 1006] ..................................................................53 5. Morris [Ex. 1007].....................................................................56 6. Kulas [Ex. 1008] ......................................................................60 B. Claims 1, 2, 3, 4, 5, 6, 7, 8 and 9 are obvious ....................................61 1. Claim 1 .....................................................................................62 -i- Bumble's Exhibit No. 1002 IPR2019-00842 Page 2 of 192 93 Table of Contents (continued) Page (a) "electronically receiving a plurality of user online- dating profiles, each profile comprising traits of a respective user and associated with a social networking platform;" (Claim 1[a]) .............................. 67 (b) "electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device;" (Claim 1[b]) ...................................................................78 (c) "determining a set of potential matches from the plurality of user online-dating profiles for the first user in response to receiving the first request;" (Claim 1[c]) ...................................................81 (d) "causing the display of a graphical representation of a first potential match of the set of potential matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user;" (Claim 1[d]) ....................................83 (e) "determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping gesture associated with the graphical representation of the first potential match on the graphical user interface;" (Claim 1[e]) ................................................. 87 (f) "in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match;" (Claim 1[f])....................................................107 -ii- Bumble's Exhibit No. 1002 IPR2019-00842 Page 3 of 192 93 Table of Contents (continued) Page (g) "determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match;" (Claim 1[g]) ....115 (h) "determining to enable initial communication between the first user and the second user in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user;" (Claim 1[h]) .......................116 (i) "in response to determining to enable initial communication between the first user and the second user, causing the graphical user interface to display to the first user the graphical representation of the first potential match;" (Claim 1[i]) ..................................................................122 (j) "determining that the first user expressed a negative preference indication regarding a third potential match of the set of potential matches at least by determining that the first user performed a second swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the second swiping gesture different than the first swiping gesture, the third potential match corresponding to a third user;" (Claim 1[j]) .......................................124 (k) "preventing communication between the first user and the third user after to determining that the first user has expressed the negative preference indication regarding the third user;" (Claim 1[k]) .................................................................130 -iii- Bumble's Exhibit No. 1002 IPR2019-00842 Page 4 of 192 93 Table of Contents (continued) Page (l) "determining that the first user expressed a positive preference indication regarding a fourth potential match of the set of potential matches at least by determining that the first user performed the first swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the fourth potential match corresponding to a fourth user; and;" (Claim 1[l]) ...................................131 (m) "preventing communication between the first user and the fourth user after determining that the fourth user has expressed a negative preference indication regarding the first user;" (Claim 1[m] .................................................................134 2. Claim 4 ...................................................................................136 3. Claim 7 ...................................................................................140 4. Claim 2: The method of claim 1, further comprising: in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user, causing the display of a graphical notification, on the graphical user interface of the first electronic device, that a match exists between the first user and the second user, the graphical notification comprising a user interface control enabling the text area to be presented to the first user. ........................................................................................154 5. Claim 5 ...................................................................................161 6. Claim 8 ...................................................................................162 -iv- Bumble's Exhibit No. 1002 IPR2019-00842 Page 5 of 192 93 Table of Contents (continued) Page 7. Claim 3: The method of claim 1, wherein the set of potential matches for the first user comprises one or more potential matches that are each associated with a geographic location within a threshold distance of a geographic location associated with the first user, the threshold distance being a stored value .................................163 8. Claim 6 ...................................................................................172 9. Claim 9 ...................................................................................173 VII. NO SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS ....174 VIII. CONCLUSION...........................................................................................178 -v- Bumble's Exhibit No. 1002 IPR2019-00842 Page 6 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 I, Christopher M. Schmandt, declare as follows: I. INTRODUCTION AND QUALIFICATIONS A. Qualifications and Experience 1. I have recently retired from my position as a Principal Research Scientist at the Media Laboratory at Massachusetts Institute of Technology ("M.I.T."), after 40 years of employment by MIT. In that role, I also served as faculty for the M.I.T. Media Arts and Sciences academic program. I have more than 40 years of experience in the field of Media Technology, and was a founder of the M.I.T. Media Laboratory. 2. I received my Bachelor of Science degree in Electrical Engineering and Computer Science from M.I.T in 1978, and my Master of Science degree in Visual Studies (Computer Graphics), also from M.I.T. I have been employed at M.I.T. since 1980, initially at the Architecture Machine Group, which was an early computer graphics research lab. In 1985 I helped found the Media Laboratory and continued to work there until my retirement. I ran a research group titled "Living Mobile." My research spans distributed communication and collaborative systems, with an emphasis on multi-media and user interfaces; I have more than 70 published conference and journal papers and one book in these fields. 3. In my faculty position, I taught courses and directly supervised student research and theses at the Bachelors, Masters, and Ph.D. level. I oversaw the Masters 1 Bumble's Exhibit No. 1002 IPR2019-00842 Page 7 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and Ph.D. thesis programs for the entire Media Arts and Sciences academic program. Based on the above experience and qualifications, I have a solid understanding of the knowledge and perspective of a person of ordinary skill in this technical field since at least 1980. 4. During my career, a number of aspects of my research were directly relevant to the matter in the contested patent. When I worked at the predecessor to the Media Lab, the Architecture Machine Group, I worked on very early interactive computer graphics systems. As this was before the widespread presence of the computer mouse, much of our work used touch sensitive surfaces and screens, much as modern mobile phones use. My EECS BS thesis, titled "Pages Without Paper," was perhaps the first e-book reader, and allowed a user to swipe on a touch pad to turn pages; right-to-left to move forward a page and left-to-right to move to the previous page. Although the thesis refers to these as "flipping," it is the same gesture as is sometimes called "swiping." 5. Some years later, in the mid-1990s, I was a member of the Media Lab News in the Future project. In this area, I worked on matching user interests in news articles, based on personal preference profiles as well as learning from the history of what the users read. Similar techniques were also applied to filtering email and voice 2 Bumble's Exhibit No. 1002 IPR2019-00842 Page 8 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 messages. This is related to matching algorithms that may allow people to meet others who meet personal criteria. 6. For many years my research included pioneering work in location based services, such as learning where one traveled and who or what resources such might be found en route, as well as sharing location information with others in various ways. Additionally, in 1988 with my grad students I developed the first real time spoken driving direction system, a very early precursor to the common in-vehicle voice navigation systems in use today. 7. My Curriculum Vitae is submitted herewith as Exhibit A. 8. I have been retained by counsel for Petitioner to provide my expert opinion in connection with the above-captioned proceeding. More particularly, I have been asked to provide my opinion about the state of the art of the technology described in U.S. Patent No. 9,733,811 ("'811 patent" or "'811") [Ex. 1001] and on the patentability of certain claims of this patent in light of certain prior art references discussed below. I am being compensated at a rate of $450 per hour for my study and other work in this matter. I am also being reimbursed for reasonable and customary expenses associated with my work in this investigation. My compensation is not contingent on the outcome of this matter or the specifics of my testimony. The following is my written report on these topics. 3 Bumble's Exhibit No. 1002 IPR2019-00842 Page 9 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 9. Throughout my Declaration, all of my opinions about obviousness are expressed from the point of view of a person of ordinary skill in the art prior to the priority date of the claims of the ʼ811 patent. B. Materials Considered 10. The analysis that I provide in this Declaration is based on my education, research and experience, as well as the documents I have considered, including U.S. the ʼ811 patent and its prosecution history [Ex. 1011]. The '811 patent states on its face that it issued from a continuation-in-part of an application filed on December 19, 2008. The provisional application that led to the '811 patent was filed on March 15, 2013. I understand that during prosecution, Applicant swore behind U.S. Patent Application Publication No. US 2014/0040368, which has a priority date of August 6, 2012. I also am informed that during the concurrent litigation between the Patent Owner and the Petition, the Patent Owner has identified the date of the alleged invention as no later than June 6, 2012. For the purposes of this Declaration, I have assumed June 6, 2012 as the priority date.1 I have cited to the following documents in my analysis below: 1 I am not offering an opinion that the '811 patent should be entitled to this earlier priority date. I have formed no opinion as to whether the challenged claims can 4 Bumble's Exhibit No. 1002 IPR2019-00842 Page 10 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Exhibit No. Description of Document 1001 U.S. Patent No. 9,733,811 B2 to Sean Rad, et al. (filed Oct. 21, 2013, issued Aug. 15, 2017) ("'811" or "'811 patent") 1003 U.S. Patent Application Publication No. 2012/0143779 A1 to Chia- Ming Chang (filed Apr. 8, 2011, published Jun. 7, 2012) ("Chang") 1004 U.S. Patent Application Publication No. 2012/0246231 A1 to Sebastian Norena (filed Jan. 12, 2012, published Sept. 27, 2012) ("Norena") 1005 U.S. Patent No. 9,122,757 B1 to Grant Wernick (filed May 23, 2012, published Sept. 1, 2015) ("Wernick") 1006 U.S. Patent No. 8,606,297 B1 to Joel Simkhai, et al. (filed Mar. 24, 2011, issued Dec. 10, 2013) ("Simkhai") 1007 U.S. Patent Application Publication No. 2011/0072470 A1 to Scott Morris, et al. (filed Sept. 22, 2009, published Mar. 24, 2011) ("Morris") properly be afforded this invention date, as the prior art on which I rely predates both August 6, 2012 and June 6, 2012. Moreover, my opinions as to the level of ordinary skill in the art, and all of the opinions presented in my Declaration, would remain the same whether August 6, 2012 or June 6, 2012 was established as the date of invention for purposes of the challenged claims. In the event the Patent Owner later asserts an even earlier date in an attempt to predate the prior art, I reserve my right to respond to such assertion as appropriate. 5 Bumble's Exhibit No. 1002 IPR2019-00842 Page 11 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Exhibit No. Description of Document 1008 U.S. Patent Application Publication No. 2011/0087974 A1 to Charles Kulas (filed Dec. 17, 2010, published Apr. 14, 2011) ("Kulas") 1009 Claim Listing 1010 Second Amended Complaint, Match Group LLC. v. Bumble Trading Inc., Case No. 6:18-cv-00080-ADA (W.D. Tex.) 1011 File History of '811 Patent 1012 U.S. Patent No. 9,639,901 B2 to David Montoya, et al. (filed Dec. 29, 2011, issued May 2, 2017) ("Montoya") 1013 U.S. Patent No. 9,294,428 B2 to Christopher Nordstrom, et al. (filed Jan. 17, 2013, issued Mar. 22, 2016) ("Nordstrom") 1014 Julie Spira, Top 10 Best Mobile Dating Apps of 2012, CYBER-DATING EXPERT, https://cyberdatingexpert.com/mobiledating2012/ (last visited Mar. 14, 2019) 1015 Julie Spira, The CyberDating Expert Top 10 Mobile Dating Apps, CYBER-DATING EXPERT (Sept. 23, 2010), https://web.archive.org/web/20100926124154/http:/cyberdatingexpert. com/the-cyberdating-expert-top-10-mobile-dating-apps 1016 Charles Newark-French, Mobile Apps Put the Web in Their Rear-view Mirror, FLURRY (June 20, 2011), https://web.archive.org/web/20110924031931/http:/blog.flurry.com/bi d/63907/Mobile-Apps-Put-the-Web-in-Their-Read-view-Mirror 1017 Charles Newark-French, Mobile Dating Apps: The Second (Lady) Killer App Category, FLURRY (Aug. 2011), https://web.archive.org/web/20110811173903/http:/blog.flurry.com/bi d/68668/Mobile-Dating-Apps-The-Second-Lady-Killer-App-Category 6 Bumble's Exhibit No. 1002 IPR2019-00842 Page 12 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Exhibit No. Description of Document 1024 Gordon P. Kurtenbach, Abigail J. Sellen & William A.S. Buxton, An Empirical Evaluation of Some Articulatory and Cognitive Aspects of Marking Menus, 8 HUMAN COMPUTER INTERACTION 1 (1993) 1025 U.S. Patent Application Publication No. 2012/0272186 A1 to Joel Kraut (filed Mar. 8, 2012, published Oct. 25, 2012) ("Kraut") 1026 Michael J. Rosenfeld & Reuben J. Thomas, Searching for a MateL The Rise of the Internet as a Social Intermediary, 77(4) AMERICAN SOCIOLOGICAL REVIEW 523 (2012) 1027 U.S. Patent Application Publication No. 2006/0026521 A1 to Steve Hotelling, et al. (filed July 30, 2004, published Feb. 2, 2006) ("Hotelling") 1028 U.S. Patent No. 8,059,101 B2 to Wayne Westerman, et al. (filed June 22, 2007, published Nov. 15, 2011) ("Westerman") 1029 U.S. Patent No. 7,479,949 B2 to Steven Jobs, et al. (filed Apr. 11, 2008, published Jan. 20, 2009) ("Jobs") 1030 U.S. Patent Application Publication No. 2013/0047115 A1 to Charles Migos, et al. (filed Aug. 17, 2012, published Feb. 21, 2013) ("Migos") 1031 U.S. Patent No. 8,095,879 B2 to Magnus Goertz (filed Dec. 10, 2002, issued Jan. 10, 2012) ("Goertz") 1032 U.S. Patent Application Publication No. 2012/0017180 A1 to Dominic Flik, et al. (filed Jul. 25, 2011, published Jan. 19, 2012) ("Flik") 1033 U.S. Patent Application Publication No. 2010/0146462 A1 to Mayasuki Ishizawa (filed Nov. 9, 2009, published June 10, 2010) ("Ishizawa") 1034 U.S. Patent Application Publication No. 2009/0002335 A1 to Imran Chaudhiri (filed June 26, 2008, published Jan. 1, 2009) ("Chaudhiri") 7 Bumble's Exhibit No. 1002 IPR2019-00842 Page 13 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Exhibit No. Description of Document 1035 U.S. Patent Application Publication No. 2012/0290978 A1 to John Devecka (filed May 14, 2012, published Nov. 15, 2012) ("Devecka") 1036 Notice of Service of Complaint, Match Group LLC. v. Bumble Trading Inc., Case No. 6:18-cv-00080-ADA (W.D. Tex.) (Mar. 20, 2018) 1037 Julie Spira, The CyberDating Expert Top 10 Mobile Dating Apps in 2011, CYBER-DATING EXPERT (Sept. 20, 2011), https://web.archive.org/web/20110925022242/http://cyberdatingexpert .com/mobiledating2011 1038 Plaintiff Match Group, LLC's Disclosure of Asserted Claims and Infringement Contentions, Match Group LLC. v. Bumble Trading Inc., Case No. 6:18-cv-00080-ADA (W.D. Tex.) (January 21, 2019) 1039 U.S. Provisional Patent Application No. 61/466,394 to Sebastian Norena (filed March 22, 2011) 1040 U.S. Provisional Patent Application No. 61/498,599 to Grant M. Wernick et al. (filed June 19, 2011) 1041 U.S. Provisional Patent Application No. 61/621,524 to Grant M. Wernick (filed April 8, 2012) 1042 U.S. Provisional Patent Application No. 61/650,868 to Grant M. Wernick (filed May 23, 2012) 1043 Affidavit of C. Butler (Internet Archive) 1044 Lukas Brozovsky & Vaclav Petricek, Recommender System for Online Dating Service (March 9, 2007), available at https://arxiv.org/pdf/cs/0703042.pdf 1045 Anne McLaughlin, An Introduction to Cupid; Former Lewiston Radio Personality Launches a Social Network for Single Adults Looking for Friends, LEWISTON MORNING TRIBUNE (April 9, 1995) 8 Bumble's Exhibit No. 1002 IPR2019-00842 Page 14 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Exhibit No. Description of Document 1046 U.S. Patent No. 8,108,414 B2 to David Stackpole (filed Nov. 28, 2007, issued Jan. 31, 2012) ("Stackpole") 1047 U.S. Patent No. 7,203,674 B2 to Morgan Cohen (filed Feb. 15, 2002, issued April 10, 2007) ("Cohen") 1048 U.S. Patent No. 7,545,784 B2 to Richard Mgrdechian & Man-Ho Lawrence Lee (filed Feb. 10, 2005, issued June 9, 2009) ("Mgrdechian") 1049 Plaintiff Match Group, LLC's Infringement Contentions -- Claim Chart for ʼ811 Patent, Claims 7, 8, 9 II. PERSON OF ORDINARY SKILL IN THE ART 11. I understand that an assessment of claims of the '811 patent should be undertaken from the perspective of a person of ordinary skill in the art as of the earliest claimed priority date, which I understand is alleged to be June 6, 2012.2 12. I have also been advised that to determine the appropriate level of a person having ordinary skill in the art, the following factors may be considered: (1) the types of problems encountered by those working in the field and prior art 2 As explained in footnote 1, all of the opinions presented in my Declaration would remain the same whether June or August 2012 was the date of invention for purposes of the challenged claims. 9 Bumble's Exhibit No. 1002 IPR2019-00842 Page 15 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 solutions thereto; (2) the sophistication of the technology in question, and the rapidity with which innovations occur in the field; (3) the educational level of active workers in the field; and (4) the educational level of the inventor. 13. In my opinion, a person of ordinary skill in the art as of June 2012 (the alleged priority date of the '811 patent) would have possessed at least a bachelor's degree in computer science or an equivalent field requiring learning computation principles, and two years of experience in building software applications employing client/server communication architectures, database queries and graphical user interfaces. A person could also have qualified as a person of ordinary skill in the art with some combination of (1) more formal education (such as a master's of science degree) and less technical experience, or (2) less formal education and more technical or professional experience in the fields listed above. 14. My opinions regarding the level of ordinary skill in the art are based on, among other things, my over 40 years of experience in the field of computer science, multimedia, and Web technology, my understanding of the basic qualifications that would be relevant to an engineer or scientist tasked with investigating methods and systems in the relevant area, and my familiarity with the backgrounds of colleagues, co-workers, and employees, both past and present. I also note that the '811 patent itself confirms that the underlying technology is not overly 10 Bumble's Exhibit No. 1002 IPR2019-00842 Page 16 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 sophisticated. The specification notes that the alleged invention of the ʼ811 patent "may include software and/or algorithms to achieve the operations for processing, communicating, delivering, gathering, uploading, maintaining, and/or generally managing data," (ʼ811, 4:40-43), and users may use a "personal computer," "cellular telephone, an electronic notebook, a laptop, a personal digital assistant (PDA), or any other suitable device." (ʼ811, 3:63-4:2.) Additionally, the alleged invention "may be achieved by any suitable hardware, component, device, application specific integrated circuit, additional software, field programmable gate array, server, processor, algorithm, erasable programmable ROM, electrically erasable programmable ROM, or any other suitable object that is operable to facilitate such operations." (ʼ811, 4:44-51.) 15. Although my qualifications and experience exceed those of the hypothetical person having ordinary skill in the art defined above, my analysis and opinions regarding the '811 patent have been based on the perspective of a person of ordinary skill in the art as of June 2012. III. STATEMENT OF LEGAL PRINCIPLES A. Claim Construction 16. I have been instructed by counsel that a purpose of claim construction is determine what a person of ordinary skill in the art would have understood the claim terms to mean. Claim terms are generally given their ordinary and customary 11 Bumble's Exhibit No. 1002 IPR2019-00842 Page 17 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 meaning, which is the meaning that the term would have to a person of ordinary skill in the art in question at the time of the invention, i.e., as of the effective filing date of the patent application. Additionally, the person of ordinary skill in the art is deemed to read the claim term not only in the context of the particular claim in which the disputed term appears, but in the context of the entire patent, including the specification. I am further informed that the patent specification may be highly relevant to the claim construction, and has been described as the single best guide to the meaning of a disputed term. For terms that do not have a customary meaning within the art, the specification usually supplies the best context for understanding the meaning of those terms.3 17. I am further informed that other claims of the patent in question can also be valuable sources of information as to the meaning of a claim term. Because 3 I understand that, in Inter Partes Review (IPR) proceedings filed after November 13, 2018, claims are generally construed according to the "Phillips" claim construction standard, and not the broadest reasonable interpretation (BRI) standard that previously governed IPRs. The description of the legal principles set forth in the text, therefore, provides my understanding of the "Phillips" claim construction standard as provided by counsel. 12 Bumble's Exhibit No. 1002 IPR2019-00842 Page 18 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 claim terms are normally used consistently throughout the patent, the usage of a term in one claim can often illuminate the meaning of the same term in other claims. Differences among claims can also be a useful guide in understanding the meaning of particular claim terms. 18. I understand that the prosecution history can further inform the meaning of the claim language by demonstrating how the inventors understood the invention and whether the inventors limited the invention in the course of prosecution, making the claim scope narrower than it otherwise would be. Extrinsic evidence may also be consulted in construing the claim terms, such as my expert testimony. 19. In my analysis of the claims and the prior art below, I have applied the ordinary and customary meaning of the claim terms in light of the specification and prosecution history. B. Obviousness 20. Counsel has advised me that under pre-AIA 35 U.S.C. § 103, effective before March 16, 2013, a patent claim may be found invalid as obvious if, at the time when the invention was made, the subject matter of the claim, considered as a whole, would have been obvious to a person having ordinary skill in the field of the technology (the "art") to which the claimed subject matter belongs. 13 Bumble's Exhibit No. 1002 IPR2019-00842 Page 19 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 21. I understand that the following factors should be considered in analyzing obviousness: (1) the scope and content of the prior art; (2) the differences between the prior art and the claims; and (3) the level of ordinary skill in the pertinent art. I also understand that certain other factors known as "secondary considerations" such as commercial success, unexpected results, long felt but unsolved need, industry acclaim, simultaneous invention, copying by others, skepticism by experts in the field, and failure of others may be utilized as indicia of nonobviousness. I understand, however, that secondary considerations should be connected, or have a "nexus", with the invention claimed in the patent at issue. 22. I understand that a person of ordinary skill in the art is assumed to have knowledge of all prior art. I understand that one skilled in the art can combine various prior art references based on the teachings of those prior art references, the general knowledge present in the art, or common sense. I understand that a motivation to combine references may be implicit in the prior art, and there is no requirement that there be an actual or explicit teaching to combine two references. Thus, one may take into account the inferences and creative steps that a person of ordinary skill in the art would employ to combine the known elements in the prior art in the manner claimed by the patent at issue. I understand that one should avoid "hindsight bias" and ex post reasoning in performing an obviousness analysis. But 14 Bumble's Exhibit No. 1002 IPR2019-00842 Page 20 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 this does not mean that a person of ordinary skill in the art for purposes of the obviousness inquiry does not have recourse to common sense. 23. I understand that when determining whether a patent claim is obvious in light of the prior art, neither the particular motivation for the patent nor the stated purpose of the patentee is controlling. The primary inquiry has to do with the objective reach of the claims, and that if those claims extend to something that is obvious, then the entire patent claim is invalid. 24. I understand one way that a patent can be found obvious is if there existed at the time of the invention a known problem for which there was an obvious solution encompassed by the patent's claims. I understand that a motivation to combine various prior art references to solve a particular problem may come from a variety of sources, including market demand or scientific literature. I understand that a need or problem known in the field at the time of the invention can also provide a reason to combine prior art references and render a patent claim invalid for obviousness. I understand that familiar items may have obvious uses beyond their primary purpose, and that a person of ordinary skill in the art will be able to fit the teachings of multiple prior art references together like the pieces of a puzzle. I understand that a person of ordinary skill is also a person of at least ordinary creativity. I understand when there is a design need or market pressure to solve a 15 Bumble's Exhibit No. 1002 IPR2019-00842 Page 21 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If these finite number of predictable solutions lead to the anticipated success, I understand that the invention is likely the product of ordinary skill and common sense, and not of any sort of innovation. I understand that the fact that a combination was obvious to try might also show that it was obvious, and hence invalid, under the patent laws. I understand that if a patent claims a combination of familiar elements according to known methods, the combination is likely to be obvious when it does no more than yield predictable results. Thus, if a person of ordinary skill in the art can implement a predictable variation, an invention is likely obvious. I understand that combining embodiments disclosed near each other in a prior art reference would not ordinarily require a leap of inventiveness. 25. I have been advised by counsel that obviousness may be shown by demonstrating that it would have been obvious to modify what is taught in a single piece of prior art to create the patented invention. Obviousness may also be shown by demonstrating that it would have been obvious to combine the teachings of more than one item of prior art. I have been advised by counsel that a claimed invention may be obvious if some teaching, suggestion, or motivation exists that would have led a person of ordinary skill in the art to combine the invalidating references. 16 Bumble's Exhibit No. 1002 IPR2019-00842 Page 22 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Counsel has also advised me that this suggestion or motivation may come from the knowledge of a person having ordinary skill in the art, or from sources such as explicit statements in the prior art. Alternatively, any need or problem known in the field at the time and addressed by the patent may provide a reason for combining elements of the prior art. Counsel has advised me that when there is a design need or market pressure, and there are a finite number of predictable solutions, a person of ordinary skill may be motivated to apply common sense and his skill to combine the known options in order to solve the problem. 26. I understand the following are examples of approaches and rationales that may be considered in determining whether a piece of prior art could have been combined with other prior art or with other information within the knowledge of a person having ordinary skill in the art: (1) Some teaching, motivation, or suggestion in the prior art that would have led a person of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention; (2) Known work in one field of endeavor may prompt variations of it for use in the same field or a different field based on design incentives or other market forces if the variations would have been predictable to a person of ordinary skill in the art; 17 Bumble's Exhibit No. 1002 IPR2019-00842 Page 23 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (3) Combining prior art elements according to known methods to yield predictable results; (4) Applying a known technique to a known device, method, or product ready for improvement to yield predictable results; (5) Applying a technique or approach that would have been "obvious to try" (choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success); (6) Simple substitution of one known element for another to obtain predictable results; or (7) Use of a known technique to improve similar products, devices, or methods in the same way. IV. RELEVANT TECHNOLOGY BACKGROUND A. The Rise of Mobile Web Browsing and the Advent of Mobile User Interfaces and Mobile Applications 27. With the rise of the laptop computer in the 1980s, and the World Wide Web in the second half of the 1990s, by the turn of the century the large majority of content consumed over networks in the U.S. was through web browsers. Laptop and desktop computers ran identical or similar operating systems, browsers could run on either, and the only significant difference, screen size, was generally handled within 18 Bumble's Exhibit No. 1002 IPR2019-00842 Page 24 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 the browsers. So publishing on the Web was the preferred way of providing services to networked customers. 28. Especially with the introduction of hand-held mobile phones (such as Motorola's revolutionary MicroTAC in 1989) there was a surge in uptake for mobile voice services, but data lagged behind. This was in part a network issue – text messaging started in Europe in 1993 but was limited to a few characters, and deployment in the U.S. was much slower) – and early "flip" phones had very small screens. 29. Although cell phones started as a closed environment for developers, by the late 1990s the Symbian operating system, especially on Nokia phones, allowed more flexible application development, as did Java's J2ME mobile edition. Still data bandwidth was limited and often unavailable. In order to provide Internet access the WAP (Wireless Access Protocol) communication suite was developed and standardized. WAP allowed web developers to write pages in WML (Wireless Markup Language) for use on phones. But WAP never really caught on, in large part because WML was fairly limited and simply could not mimic web pages users were seeing on their laptops. 30. In part spurred by the success of its iPod music player, and based on experience with the Newton PDA (Personal Digital Assistant), Apple launched the 19 Bumble's Exhibit No. 1002 IPR2019-00842 Page 25 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 iPhone in 2007. The next year, the first Android "smart phone", the HTC G1, became available. These phones were "all screen" (although some had fold out keyboards) and touch interaction became quickly accepted. A few years later, the iPad was released, with a much larger screen and options for both WiFi and cellular data. These developments allowed full feature browsers to be implemented on mobile devices, and ordinary web sites to be useful on phones. The HTML protocol, which underlies the World Wide Web, allows transmission of the user-agent-string between browser and web server, and the web page on the server can use the information contained within to sense the screen size available to the browser, and customize the web experience for the particular mobile device. We are still familiar with web pages which render differently, but effectively, on phones as well as our larger screens. 31. The Japanese mobile phone operator NTT DoCoMo started the push for "apps" instead of direct web browsing, by providing online "stores" where the apps could be purchased, and collecting revenue for the app vendors. This model was so successful that it spread rapidly to the rest of the world, and we saw the big switch over the last decade to apps over browser-based delivery of services. Apps were supported in the phone operating infrastructure so they could deliver notifications or alert messages to phone users more easily than web browsers, and 20 Bumble's Exhibit No. 1002 IPR2019-00842 Page 26 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 screens full of app icons were more accessible to a large phone user population than bookmarks in a browser. And both the Apple and Android software ecologies provided the app stores where apps could be sold and distributed over the air. B. The History of "Swiping" 32. Gestural user interfaces have a long history. In the 1970s, there were several varieties of touch screens, as capacitive overlays on conventional CRT monitors, and they were utilized for user input. Later the mouse became the dominant interaction device; it required a generally different set of gestures because the user's finger was not directly on the screen. Fingers once again became a strong input method with the rise of the smart phone with touch screens. 33. A "swipe" is a particular type of gesture, one of many. A swipe starts by putting the finger (or cursor if mousing) on the screen, possibly on a specific target if the swipe could be applied to one of a number of candidate target objects. Focusing on the finger action, then the user moves his finger fairly steadily in a particular direction. The salient portion of the gesture is the direction of this finger motion, rather than the final position when the user lifts his finger, thus enabling fast gestures that are rather low resolution. Swipes may be unary, applying only one possible action to an object, such as deleting an email. They may be binary, such as 21 Bumble's Exhibit No. 1002 IPR2019-00842 Page 27 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 next or previous, or save or delete, for example. Swipes may also indicate one of a larger number of choices, such as with marking menus. 34. The earliest use of a swipe gesture that I know of personally was my own work at MIT as part of my EECS Bachelors thesis in 1979. The thesis was perhaps the first ebook reader, and was implemented as part of the rather well known Spatial Data Management System. While reading a book on a large screen, the user sat in a chair with 1.5 inch square touch pads built into each arm. The user would swipe left, or down and left, to turn to the next page, or right, or up and right, to turn to the previous page. The thesis referred to these as page "flips". When the page was flipped, an animated sequence would show the book turning to the next or previous page. 35. The rise of the personal computer, and especially the MacIntosh, pushed the mouse into the limelight, and with increasing screen resolution mice were often use for fine grained interaction techniques such as drag-and-drop. However in 1993 Kurtenbach at the University of Toronto pioneered marking menus, which also use a swipe gesture. (Ex. 1024.) During interaction, a pie menu appears on the screen, at the point of interaction, with the cursor centered on the current mouse or stylus location. A pie menu is a menu form in which a circle is sub-divided into a number of equal slices, like a pie, and each slice is labelled with a menu item. With 22 Bumble's Exhibit No. 1002 IPR2019-00842 Page 28 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 a marking menu, the user simply swipes through whichever slice corresponds to the desired menu selection; it does not matter where the user stops, simply the direction of the mark, or swipe. This technique allows differentiation of swipes in a variable number of directions, or choices, depending on the number of items in the pie menu. 36. Another example of a swipe on a conventional "computer screen" display is shown in US Patent Application 2011/0087974 to Kulas, titled "User Interface Controls Including Capturing User Mood in Response to a User Cue" was filed in 2010 and published the following year. (Ex. 1008.) In this system a user indicates sentiment with respect to content on the screen by performing actions, including a swipe gesture. For example, when the user clicks on an item, the user can, in the same motion, swipe up to indicate positive interest and down to show negative. 37. Similarly US Patent Application 2012/0272186 to Kraut, filed and published in 2012, shows data items (in this case records relating to insurance information) as a stack or deck of cards, with top edges exposed to show card titles. (Ex. 1025.) The user scrolls through these cards by "swiping" up or down to move forward or backwards through the cards. 38. Of course finger based gestures became all the rage with the introduction of touch and multi-touch based smart phones, and gestures, including 23 Bumble's Exhibit No. 1002 IPR2019-00842 Page 29 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 the obvious swipe, were employed for almost any action which could be performed on them. 39. The Palm Pre was a smart phone from 2009, which made extensive use of swipe gestures in its user interface. Some of the swipes were unary, such as swiping right on an email to delete it. Some swipes were binary, such as swiping left or right to move forward or backwards through a series of photos in an image gallery. In one view all the current applications were shown as a row of "cards" across the main screen, and any one of them could be closed by swiping upwards on its card. The Pre also had a dedicated "gesture area" at the bottom of the phone and off the screen. Swipe gestures toward the left on this area could go back up a level in an application while swiping right would re-enter the lower level application view, such as switching between a contact list and details on a contact. Swiping up in the gesture area could launch an application. 40. Given the leadership role of the Apple iPhone staring in 2007, it is not surprising that Apple has been active in the area of touch-based gestures, including the obvious swiping. In fact, I have reviewed a video of Steve Jobs introducing the iPhone at MacWorld 2007.4 During this presentation, he showed swiping left/right 4 This video is available at https://www.youtube.com/watch?v=vN4U5FqrOdQ. 24 Bumble's Exhibit No. 1002 IPR2019-00842 Page 30 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 to move forward or backwards through photos in an album. A left-to-right swipe motion was also used to unlock the phone from its sleep state. 41. Of course Apple had been working on the iPhone and related technology for some time. A 2004 U.S. Patent Application 2006/0026521 A1 to Hotelelling et al. describes using a swipe gesture to turn the pages of an electronic book, left or right to move forward or backward a page, exactly as I myself had done 25 years earlier. (Ex. 1027, ¶¶ 0117-0118.) U.S. Patent No. 8,059,101 to Westerman, et al. was filed in 2007 and it titled "Swipe Gestures for Touch Screen Keyboards." (Ex. 1028.) It describes using swipe gestures in combination with a touch screen keyboard, with, for example, swipes up, down, left, and right performing functions such as inserting a space, backspace, carriage return, or shifting to capital letters. U.S. Patent 7,479,949 to Jobs, et al., filed in 2008, describes a number of touch screen user interactions, including swipes. (Ex. 1029.) One use of swiping is up/down motions to rapidly scroll through items such as messages, emails, and thumbnail graphics of photographs. This patent also discloses left/right swipes to move forward or backward through a linear sequence of items, specifically photographs in full screen mode. Note that for scrolling, the displayed objects move some number of items at a time, which could be linked to the length 25 Bumble's Exhibit No. 1002 IPR2019-00842 Page 31 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 of the swipe gesture, while for photo browsing one swipe moves by one item, forward or back. 42. Another Apple Patent Application, U.S. 2013/0047115 to Migos et al., filed in 2012 and published the following year, displays note cards in a stack. (Ex. 1030.) The stack is slightly skewed so a user can see that there are multiple cards in the stack and glimpse some information about the mostly hidden lower cards. A horizontal "swipe" gesture is used to move the top card out of the way and expose the next card down the stack. 43. U.S. Patent No. 8,095,879 to Goertz was filed in 2002, and uses swipe gestures to launch applications or invoke functions on currently displayed objects. (Ex. 1031.) The user touches an icon for an app at the bottom of a mobile phone screen, and swipes towards the center of the screen to launch the application. U.S. Patent Application 2012/0017180 to Flik, filed in 2011, describes using swipe (referred to as "sweeping") to pull a thumbnail representation of an image from a series of thumbnails at the top of the phone screen into the main area of the screen, in which case it becomes the background image. (Ex. 1032.) 44. U.S. Patent Application 2005/0146462, filed in 2009, to Ishizawa, describes swiping as a "flick" gesture. (Ex. 1033.) Swiping is used in a device, such as a camera, to go through a set of images or photos, which are displayed as a stack, 26 Bumble's Exhibit No. 1002 IPR2019-00842 Page 32 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and specific which should be printed or grouped. For more complex interaction with media content, U.S. Patent Application 2009/0002335 to Chaudhiri, filed in 2008, displays media browsers for content such as record albums by means of a horizontal stack of thumbnail images, on a touch screen, and a user "swipes" on or below the thumbnail images of the album art to move through the stack. (Ex. 1034.) The motion is based on direction, length, and speed of the swipe. 45. Swipe gestures have also been used in the specific domain of dating or matchmaking services. U.S. Patent Application 2012/0290978 to Devecka, filed and published in 2012, is a dating application in which a user profile is consists of a number of pre-defined icons showing interests or attributes of a subscriber. (Ex. 1035.) In configuring his or her profile, the user sees pages of possible icons to select to add to the profile, and uses a swipe gesture to move to the next page of icons for possible selection. By 2012 the deployed dating smartphone applications Hornet and Grindr both used swipe gestures to move through representations of application selected lists of possible dates. C. Online Dating and Mobile Dating Apps 46. Offline dating and matching services have a very long history. (Ex. 1044, 1.) As an example, in the mid-1990s, individuals could join "Best Friends," a "singles social network." (Ex. 1045, 1.) Members of Best Friends could "look 27 Bumble's Exhibit No. 1002 IPR2019-00842 Page 33 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 through" binders holding "8 x 10 photographs and a three-page biography for every member." (Ex. 1045, 1.) They chose people they would like to meet, and if they found someone interesting, Best Friends would invite that person "to the office to learn about the one who chose him or her." (Ex. 1045, 1.) "After mutual consent," the two individuals would exchange phone numbers. (Ex. 1045, 1.) 47. The advent of the Internet "has made communications within existing social networks more efficient" and has also "dramatically improved the efficiency of searching for and finding new people outside of one's preexisting social network." (Ex. 1026, 2.) As such, over time, dating companies started to put up web sites and offer online services. (Ex. 1044, 1.) A study published by the American Sociological Review in 2012 documented "how the Internet appears to be displacing, to a certain extent, the more traditional ways of meeting partners, such as through friends, through family, in school, or in the neighborhood." (Ex. 1026, 3.) The results of that study indicate that for "heterosexual couples who met in 2009, the Internet was the third most likely way of meeting." (Ex. 1026, 9.) 48. As an example, U.S. Patent Application Publication No. 2012/0143779 A1, entitled "Online Matchmaking System and Method," ("Chang") was filed in 2011 and published a year later. (Ex. 1003.) Chang discloses an invention relating "to a system and method for matchmaking, and more particularly to an online 28 Bumble's Exhibit No. 1002 IPR2019-00842 Page 34 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 matchmaking system and method." (Ex. 1003, ¶ 0003.) Chang states that the "object of the present invention is to provide a. . . medium for all members that desire marriages to form matches quickly and smoothly." (Ex. 1003, ¶ 0009.) 49. In 2011, I understand that "smartphone and tablet shipments exceed[ed] those of desktop" computer and laptop shipments. (Ex. 1016, 1.) Indeed, over the course of June 2010 to June 2011, users' time on mobile applications nearly doubled from 43 to 81 minutes. (Ex. 1016, 2.) Consequently, I understand that since 2011, the popularity of social discovery mobile applications, including dating applications, has been increasing. (Ex. 1014, 1; see also Ex. 1017, 2-4.) Data from June 2010 and June 2011 also indicates that dating applications were more popular at those times than dating websites. (Ex. 1017, 2-3.) In 2012, there were several mobile applications; notable ones included Badoo, MeetMoi, and Grindr. (Ex. 1014, 1-2.) 50. U.S. Patent Application Publication No. 2012/0246231 A1, entitled, "System and Method for Matching by Reciprocity Using Hidden Selections," ("Norena") was filed in 2012 and published that same year. (Ex. 1004.) Norena recognized certain shortcomings by "existent online dating websites and applications," and discloses a dating and matching method, where users can create a profile using the data they have already entered in another social network account like Facebook, Twitter, or any other similar social network." (Ex. 1004, ¶¶ 0007, 29 Bumble's Exhibit No. 1002 IPR2019-00842 Page 35 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 0021.) Norena discloses that, after registering, users can conduct searches and pick other users whom he/she is interested in. (Ex. 1004, ¶ 0011.) 51. Similarly, U.S. Patent 8,606,297, titled "Systems and Methods for Providing Location-Based Cascading Displays," ("Simkhai") filed in 2011 and published in 2013, relates to the mobile dating application Grindr. (Ex. 1006.) Simkhai's mobile application enables users to seek geographically-close companions, where the user is presented with "a set of photographs representing other users," which "the user can tap or click…to see additional information about the subject." (Ex. 1006, 6:65-67, 7:4-6.) 52. Another example of a patent discussing mobile dating applications is U.S. Patent 8,108,414, titled "Dynamic Location-Based Social Networking" ("Stackpole"). Stackpole was filed in 2007 and published in January 2012. (Ex. 1046.) Stackpole discloses providing a client dating application on a communications device of a user, such as a cellphone. (Ex. 1046, Figs. 1, 2, 3.) A user can use this dating application to create a profile and set preferences. (Ex. 1046, 1:59-2:12.) The application then provides the user with potential members and notifies the user of these identified members. (Ex. 1046, 2:13-27.) 53. Similarly, U.S. Patent 7,203,674, titled "Method and System to Connect and Match Users in an Electronic Dating Service," ("Cohen") discloses an 30 Bumble's Exhibit No. 1002 IPR2019-00842 Page 36 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 electronic dating service accessible by a user's computer or phone. (Ex. 1047, Abstract, 14:52-15:7.) Cohen acknowledges that "[d]evices which combine the functions of a mobile phone and Web browsing in a single device are becoming increasingly popular." (Ex. 1047, 15:2-4.) Thus, Cohen discloses embodiments that "are ideal for such devices, since they make use of both mobile communication and web browsing." (Ex. 1047, 15:4-7.) Cohen was filed in 2002 and published in 2003. 54. Likewise, U.S. Patent 7,545,784, titled "System and Method for Wireless Communication Between Previously Known and Unknown Users," ("Mgrdechian"), discusses applications for electronic dating. (Ex. 1048, Abstract.) V. THE '811 PATENT A. Overview of the Specification 55. As discussed above, the ʼ811 patent issued from a provisional application filed on March 15, 2013. The application was a continuation-in-part of Patent Application No. 12/339,301, filed on December 19, 2008. The subject matter of each claim of the ʼ811 patent, however, is directed to new matter. For example, the claims require a "mutual opt-in" by users before enabling initial communication. (See, e.g., ʼ811, cls. 1[h], 4[h], 7[h].) The additional disclosures in the ʼ811 patent, which are not found in the specification of the 2008 application, provide the written description for these claims. Figures 10 and 11 of the ʼ811 patent depict "a method for enabling communication between two users of the matching system of Figure 1 31 Bumble's Exhibit No. 1002 IPR2019-00842 Page 37 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 based on a mutual expression of approval," and were not provided in the initial application. (ʼ811, 22:61-63; see also Ex. 1011, MTCH-643 (the present claims were "directed to additional disclosure (Applicant's drawings Figures 6-11) not presented in the prior application 12/339,301").) 56. Each independent claim of the ʼ811 patent requires "swiping." (See, e.g., ʼ811, cls. 1[e], 4[e], 7[e].) Applicant never mentioned "swiping" in the initial 2008 application; indeed, the first mention of "swiping" in the specification is with respect to the added Figures 6-9. (ʼ811, 19:30-38 ("interface 16 may also comprise a touch screen interface operable to detect and receive input such as a tap or a swiping gesture").) Added Figures 7 and 8 show "the effect of a left swipe gesture (Fig. 7) and the effect of a right swipe gesture (Fig. 8)." (ʼ811, 21:59-61.) These figures were not included in the original 2008 application. (Ex. 1011, MTCH-643.) 57. During prosecution the Examiner found the "effective filing date for current claims" to be March 15, 2013, the filing date of the ʼ811 patent. (Ex. 1011, MTCH-643.) I understand that Applicant never disputed this date. (See Ex. 1011, MTCH-631-37, MTCH-593-97.) 58. The relevant disclosures of the ʼ811 patent are directed to systems and methods for profile matching on devices such as touchscreens. (ʼ811, 19:30-38.) More specifically, the claimed matching system, "as part of the user registration 32 Bumble's Exhibit No. 1002 IPR2019-00842 Page 38 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 process," "link[s] to a user's existing profile within social networking platform 50." (ʼ811, 19:45-48.) Once a user is registered, the system displays to the user "the profile information of a second user." (ʼ811, 21:24.) This "profile information may be displayed as 'card' 88 representing the suggested user," and a "set of suggested users may be displayed as stack of cards 88." (ʼ811, 21:12-16.) The patent teaches that "user 14 may be presented with a summary of information regarding a suggested user. The summary information may include one or more of: a picture, an icon, name, location information, gender, physical attributes, hobbies, or other profile information." ('811, 21:18-22.) A user can also request that "matching server 20 limit the pool of potential matches to those users within a fixed geographic area." (ʼ811, 20:27-29.) The embodiments disclosed in the ʼ811 patent include, for example, an "entity representing [a] profile," picture data, or some combination of both. (ʼ811, 16:55-60, Figs. 1E, 1F, and 6.) 33 Bumble's Exhibit No. 1002 IPR2019-00842 Page 39 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 59. The user "navigate[s] through the set of presented users by swiping through stack of cards 88." (ʼ811, 21:61-63.) The user performs this "swiping gesture by moving a finger or other suitable object across a screen of terminal 10." (ʼ811, 21:66-22:1.) Figures 7 and 8, reproduced above, depict embodiments of the interface as a user is swiping through the stack of cards. 60. The "matching server 20 creates a match between two users 14 after both users 14 have expressed a preference for each other's profiles." (ʼ811, 22:4-6.) In some embodiments, a user may express a preference for each other's profiles using like button 86 or the swiping gesture associated with like button 86." ('811, 22:6-8.) When this match is created, the matching server "present[s] an option to users 14 that have been matched to engage in a communication session (e.g., a chat, an SMS message, an e-mail, a telephone call, a voice communication session, a video communication session)." (ʼ811, 22:10-15.) For example, "direct communication may be initiated by pressing 'Send a Message' button 92," as depicted in Figure 9, reproduced below. 34 Bumble's Exhibit No. 1002 IPR2019-00842 Page 40 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 61. If, however, a user expresses disapproval of another user, the "matching server 20 will not allow communication between the two users." (ʼ811, 23:14-17.) Steps 1008-1016 of Figure 10, reproduced below, depict the process of determining whether to allow communication between two users. 35 Bumble's Exhibit No. 1002 IPR2019-00842 Page 41 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 B. The Challenged Claims 62. This Declaration addresses claims 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the '811 patent. Independent claim 1 is representative of claims 4, and 7 and recites: 1. A computer implemented method of profile matching, comprising: electronically receiving a plurality of user online-dating profiles, each profile comprising traits of a respective user and associated with a social networking platform; electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device; determining a set of potential matches from the plurality of user online-dating profiles for the first user in response to receiving the first request; causing the display of a graphical representation of a first potential match of the set of potential matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user; determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping 36 Bumble's Exhibit No. 1002 IPR2019-00842 Page 42 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 gesture associated with the graphical representation of the first potential match on the graphical user interface; in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match; determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match; determining to enable initial communication between the first user and the second user in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user; in response to determining to enable initial communication between the first user and the second user, causing the graphical user interface to display to the first user the graphical representation of the first potential match; determining that the first user expressed a negative preference indication regarding a third potential match of the set of 37 Bumble's Exhibit No. 1002 IPR2019-00842 Page 43 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 potential matches at least by determining that the first user performed a second swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the second swiping gesture different than the first swiping gesture, the third potential match corresponding to a third user; preventing communication between the first user and the third user after to determining that the first user has expressed the negative preference indication regarding the third user; determining that the first user expressed a positive preference indication regarding a fourth potential match of the set of potential matches at least by determining that the first user performed the first swiping gesture associated with a graphical representation of the fourth potential match on the graphical user interface, the fourth potential match corresponding to a fourth user; and preventing communication between the first user and the fourth user after determining that the fourth user has expressed a negative preference indication regarding the first user. ('811, 24:52-67, 25:1-56.) 63. I address the claims further in my detailed analysis in Part VI below. 38 Bumble's Exhibit No. 1002 IPR2019-00842 Page 44 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 VI. APPLICATION OF THE PRIOR ART TO ASSERTED CLAIMS 64. I have reviewed and analyzed the prior art references and materials listed in Part I.B above. In my opinion the claims of the '811 patent are rendered obvious based on the following prior art: Ground Claims Basis for Challenge under §103(a) 1 1, 2, 4, 5, 7, 8, Chang (Ex. 1003) in view of Norena (Ex. 1004) and Wernick (Ex. 1005) 2 3, 6, 9 Chang (Ex. 1003) in view of Norena (Ex. 1004) and Wernick (Ex. 1005) and Simkhai (Ex. 1006) 3 1, 2, 4, 5, 7, 8, Chang (Ex. 1003) in view of Norena (Ex. 1004) and Morris (Ex. 1007) 4 3, 6, 9 Chang (Ex. 1003) in view of Norena (Ex. 1004) and Morris (Ex. 1007) and Simkhai (Ex. 1006) 5 1, 2, 4, 5, 7, 8, Chang (Ex. 1003) in view of Norena (Ex. 1004), Morris (Ex. 1007), and Kulas (Ex. 1008) 6 3, 6, 9 Chang (Ex. 1003) in view of Norena (Ex. 1004), Morris (Ex. 1007), Kulas (Ex. 1008), and Simkhai (Ex. 1006) 65. As shown above, my proposed grounds of obviousness (Grounds 1-6) can be divided into three logical groups. 39 Bumble's Exhibit No. 1002 IPR2019-00842 Page 45 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 66. In the first group, (Grounds 1 and 2) Chang is relied upon as the primary reference that, in combination with Norena and Wernick renders obvious independent claims 1, 4, and 7 and dependent claims 2, 5, and 8. Remaining dependent claims 3, 6, and 9 are covered by a further combination with Simkhai. The mapping of Chang, Norena and Wernick for Ground 1 also applies to Ground 2. 67. The second group (Grounds 3 and 4) is similar to the first group (Grounds 1 and 2) in that Chang is relied on as a primary reference and Norena is relied upon as a secondary reference, but differs in that the Morris reference, rather than the Wernick reference is cited in combination with Chang and Norena. The mapping of Chang and Norena for the second group (Grounds 3 and 4) is the same as for the first Group (Grounds 1 and 2). The mapping of Chang, Norena and Morris for Ground 3 also applies to Ground 4. Additionally, the mapping of Simkhai for Ground 4 is the same as the mapping of Simkhai for Ground 2. 68. The third group (Grounds 5 and 6) is similar to the second group (Grounds 3 and 4) in that Chang is relied on as a primary reference in combination with Norena and Morris. The Second Group (Grounds 5 and 6) further cites to Kulas in combination with Chang, Norena and Morris. The mapping of Chang, Norena, and Morris for the third group (Grounds 5 and 6) is the same as for the second Group 40 Bumble's Exhibit No. 1002 IPR2019-00842 Page 46 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (Grounds 3 and 4). The mapping of Chang, Norena, Morris and Kulas for Ground 5 also applies to Ground 6. Additionally, the mapping of Simkhai for Ground 6 is the same as the mapping of Simkhai for Ground 2 and Ground 4. 69. I am informed by counsel that each of the references cited in the grounds above qualifies as prior art to the challenged claims because each reference was filed and/or published before the priority date for the '811 patent. A. Brief Summary of Prior Art 1. Chang [Ex. 1003] 70. "Chang", entitled "Online Matchmaking System and Method," discloses "[a]n online matchmaking management system [that] includes a member database for storing a plurality of member data files, an account management module configured to process login data of a user, and a matching module configured to receive a matching condition and to select at least one candidate member." (Chang, Abstract.) According to Chang, "[t]he invention relates to a system and method for matchmaking, and more particularly to an online matchmaking system and method." (Chang, ¶ 0003). Chang states that the "object of the present invention is to provide a. . . medium for all members that desire marriages to form matches quickly and smoothly." (Chang, ¶ 0009.) I am informed that Chang qualifies as prior art because it is a published application filed on April 8, 2011, which is before the alleged priority date of the '811 patent. 41 Bumble's Exhibit No. 1002 IPR2019-00842 Page 47 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 71. The system in Chang comprises, among other things, "a matching module," "a matching database," "an interaction module," an interaction database," and "a member database." (Chang, ¶ 0018.) The preferred embodiment of the system in Chang may be "established on at least one server for providing service to a plurality of users, each establishing connection with the server over a network using an electronic device." (Chang, ¶ 0017.) The system "is used to match the users." (Chang, ¶ 0017.) 72. The member database claimed by Chang "stores a plurality of member data files." (Chang, ¶ 0018.) A user's data file "includes the basic data of the corresponding user." (Chang, ¶ 0027.) Once a user completes registration and logs in, "[t]he user 91 can [] determine matching conditions." (Chang, ¶ 0030.) 73. According to Chang, "the matching module 2 is configured to receive a matching condition established by the user 91 and to select at least one candidate member from the member database 5 that satisfies the matching condition." (Chang, ¶ 0020.) After the user selects a "target member" from the candidate members, the matching module "asks whether the user 91 is interested in the target member." (Chang, ¶ 0021.) Figure 7 of Chang depicts, at step S34, the system displays a dialog box illustrating a selected target member's basic data "and a YES/NO option for the user 91 to indicate interest in the user 92." (Chang, Fig. 7, ¶ 0034.) 42 Bumble's Exhibit No. 1002 IPR2019-00842 Page 48 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 74. Chang discloses that if the user "selects NO and another selected matched candidate exists, the basic data of the next one of the selected matched candidates is shown." (Chang, ¶ 0034.) However, if the user "selects YES, the matching module 2 receives the corresponding instruction and notifies the user 92 that someone is interested in her." (Chang, ¶ 0034; see also Chang, ¶ 0021 (Once the system receives "an indication of interest of the user 91 in the target member" from the user, "the matching module 2 issues a notification of the target member's interest and asks the target member whether the target member is interested in further interaction.").) 43 Bumble's Exhibit No. 1002 IPR2019-00842 Page 49 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 75. As Figure 3 of Chang depicts, at step S34A, the system confirms that "the user and the selected candidate member are mutually interested." (Chang, Fig. 3.) The process flow in Figure 3 continues only if the "matching module 2 receives the reply of the user 92 that shows she is also interested in the user 91." (Chang, ¶ 0034.) 76. If both parties are mutually interested, Chang describes that "the name of user 92 is recorded in the matching database 6 corresponding to the user 91" and the "interaction module 3 provides an option to create a marriage suitability questionnaire" to user 91 such that "user 91 may become better acquainted with the 44 Bumble's Exhibit No. 1002 IPR2019-00842 Page 50 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 user 92." (Chang, ¶¶ 0035-0037.) For example, as depicted in Figure 8, user 91 can select the option to "ask a question." (Chang, ¶ 0037, Fig. 8.) 2. Norena [Ex. 1004] 77. "Norena", entitled "System and Method for Matching by Reciprocity Using Hidden Selections," discloses a system and method for online dating. (Norena, ¶¶ 0009-0010.) I am informed that Norena qualifies as prior art because it is a published application filed on January 12, 2012, which claims priority to a provisional application filed on March 22, 2011. Both of these filing dates are before the alleged priority date of the ʼ811 patent. I understand that the provisional application includes a nearly identical disclosure to the non-provisional application. (Compare Ex. 1004 with Ex. 1039.) 45 Bumble's Exhibit No. 1002 IPR2019-00842 Page 51 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 78. Norena recognized certain shortcomings with the online dating sites available at the time of the invention. First, the then-existing dating sites often required a user to obtain a subscription, spend hours entering significant amounts of personal details, and run their own searches using subjective descriptions which may differ depending on the user. (Norena, ¶ 0007.) Then, the profile results obtained from the search may not even contain a photograph. (Norena, ¶ 0008.) If two users are interested in each other, communications between the two may take days, weeks, or months due to inefficient methods of communication provided by the dating sites. (Norena, ¶ 0008.) Moreover, dating sites using algorithms implement arbitrary factors and weightings, which disregard the personal preferences of the users. (Norena, ¶ 0009.) 79. Norena's invention remedies all these issues. For example, all that is required for a user "to create a profile is a cellular phone number, picture, email, and password." (Norena, ¶ 0010.) 80. As well, users can easily supplement their profiles by linking their already-existing social network account. (Norena, ¶ 0010.) In the invention disclosed in Norena, users "have the option to create a profile using the data they have already entered in another social network account like Facebook, Twitter, or any other similar social network." (Norena, ¶ 0010.) If a user opts to do so, "he/she can enter 46 Bumble's Exhibit No. 1002 IPR2019-00842 Page 52 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 his/her Facebook's login information so his profile picture, name, gender, and cell phone number are automatically downloaded to the user's profile in the system." (Norena, ¶ 0021.) 81. Users can then quickly run searches and pick other users whom he/she is interested in without having to express their interest in person. (Norena, ¶ 0011.) Thus, importantly, Norena's invention allows users to express interest in others without the fear of rejection. (Norena, ¶ 0012.) 82. More specifically, Norena discloses that the system stores a user's ("User1") decision regarding meeting another user. (Norena, ¶ 0024.) After storing this information, "the system will run an algorithm 516 to find out if there is a decision, from User2 wanting to meet User1, stored in the system database" as well. (Norena, ¶ 0024.) The system "finds a match" and "notif[ies] both users about it" only if there is a "reciprocal decision" from User2. (Norena, ¶ 0025.) If User2 reciprocates the interest, the two users can meet as soon as they want because the requisite contact information is already shared. (Norena, ¶ 0011.) 83. Norena discusses that the notification of a match can take the form of an "SMS message with the contact information of the user," (Norena, ¶ 0026). Norena further notes that "[i]t would be readily understood by those skilled in the art that also a picture and any other type of data stored on the system memory could 47 Bumble's Exhibit No. 1002 IPR2019-00842 Page 53 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 be sent to users when using other notification methods different to SMS." (Norena, ¶ 0027.) Steps 516 and 518 of Figure 5 of Norena illustrate these steps. 3. Wernick [Ex. 1005] 84. "Wernick", entitled "Personal Concierge Plan and Itinerary Generator," discloses technology "relat[ing] to rapid and convenient sorting through activity options." (Wernick, 1:44-46.) I am informed that Wernick qualifies as prior art because it is a patent that was filed on May 23, 2012, and claims priority to several provisional applications filed on June 19, 2011, April 8, 2012, and May 23, 2012. All of these filing dates are before the alleged priority date of the ʼ811 patent. 48 Bumble's Exhibit No. 1002 IPR2019-00842 Page 54 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Additionally, I am informed that Wernick is entitled to at least to April 8, 2012 priority based on the filing of provisional application no. 61/621,524. 85. Wernick's invention arose from the need to conveniently provide itineraries and activity options. (Wernick, 1:20-35). Wernick accomplishes this by considering the user's criteria and past activities to better predict desired future activities. (Wernick, 1:21-25). To increase its convenience, Wernick also emphasizes "rapid and convenient sorting through activity options." (Wernick, 1:25- 27). 86. As Figure 7 of Wernick shows, Wernick's invention can be used on mobile devices with touchscreens. 49 Bumble's Exhibit No. 1002 IPR2019-00842 Page 55 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 87. Consistent with its emphasis on "rapid and convenient sorting" (Wernick, 1:25-27), Wernick discloses that "Touchscreens on such mobile devices as smartphones and tablets provides means for dynamic user interaction with multiple degrees of freedom." (Wernick, 9:66-10:1). 50 Bumble's Exhibit No. 1002 IPR2019-00842 Page 56 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 88. The form in which the options/results are provided to the user is one factor in providing a "dynamic user interaction." According to Wernick, activity options can be presented as "a stack of images," (Wernick, 10:24-26), on "[t]ouchscreens on such mobile devise as smartphones and tablets." (Wernick, 9:66- 67.) Figure 7 of Wernick depicts this stack of images. 89. Reviewing the results as a "stack of images" allows the user to quickly cycle through the results, opining on the desirability or undesirability of each one. For example, Wernick discloses, "Using gestures, the user can quickly accept restaurant options by moving them downward…or…to the right and off the screen." (Wernick, 10:26-29). 51 Bumble's Exhibit No. 1002 IPR2019-00842 Page 57 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 90. Additionally, how the user can interact with the stack of images aids the "rapid and convenient sorting through activity options." (Wernick, 1:25-27). Wernick allows a user to interact with the stack of images/results by "dynamically sort[ing] objects into multiple groups that can be analyzed to infer user preferences and/or desired actions." (Wernick, 10:5-7.) For example, a user can quickly move an object with a swipe gesture in a particular direction. (Wernick, 10:4-10.) "The direction of movement acts as a choice or indication of the user's intent such as 'I like this,' 'Add this to my wish list' or 'Add this to the queue.'" (Wernick, 10:10- 12.) For example, users can accept options "by moving them downward." (Wernick, 10:26-28.) Users can also reject the object by moving the object in a specific direction, such as to the right. (Wernick, 10:12-14, 10:28-29.) 91. Wernick indeed "provides means for dynamic user interaction with multiple degrees of freedom." (Wernick, 9:67-10:1.) "One or more fingers can be used to fling, flick, swipe, drag, pinch, expand, or tap an object." (Wernick, 10:4-5 (emphasis added).) As well, a POSITA would recognize that "flinging" the image "to the side" is the same as a "swipe." (Wernick, 10:45-47.) 92. Wernick also discloses an embodiment with the ability to filter and only view activities within a set location and geographic area. (Wernick, 11:49-52, 52 Bumble's Exhibit No. 1002 IPR2019-00842 Page 58 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 12:39-41.) For example, at step 910 of the flow chart in Figure 9, "the system receives a request with location information." (Wernick, 11:47-48.) 4. Simkhai [Ex. 1006] 93. "Simkhai", entitled "Systems and Methods for Providing Location- Based Cascading Displays," discloses the ability to facilitate user interaction through a "location-based display of images." (Simkhai, 1:16-21.) I am informed that Simkhai qualifies as prior art because it was i was filed on March 24, 2011, and claims priority to a provisional application filed on March 24, 2010. Both of these filing dates are before the alleged priority date of the ʼ811 patent. 53 Bumble's Exhibit No. 1002 IPR2019-00842 Page 59 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 94. Simkhai's invention arose with the increasing prevalence of relationships beginning from online interactions, such as online dating. Simkhai acknowledges that "[s]ocial networking sites have become a popular way for people…to interact using the Internet." (Simkhai, 1:25-26.) However, Simkhai recognized that the then-current social networking sites were "generally independent of the location of such users" meaning these sites generally did not "offer features or services premised upon the real-time locations of the users of such sites." (Simkhai, 1:30-39.) Thus, Simkhai disclosed "methods and apparatus for providing location-based display of images and/or other information associated with users." (Simkhai, 1:18-21.) Recognizing the importance of social networks, Simkhai's invention allows the importation or linking of social media sites with the user's profile. (Simkhai, 10:67-11:2.) 95. The method claimed by Simkhai involves "receiving, from a portable electronic device of a requesting user, a request for information concerning other users wherein the request includes information relating to the location of the requesting user." (Simkhai, 3:6-11.) Based on this location information associated with the requesting user, "[a] list of the other users located within a range of the location is generated." (Simkhai, 3:11-12.) As well, "The method further includes updating, in response to user input, the user interface to display only those…users 54 Bumble's Exhibit No. 1002 IPR2019-00842 Page 60 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 having one or more interests consistent with interests of the user." (Simkhai, 3:52- 56). Indeed, one use of Simkhai's invention is for dating. (Simkhai, 14:64-15:2.) 96. In seeking geographically-close companions through Simkhai's inventions, the user is presented with "a set of photographs representing other users," which "the user can tap or click…to see additional information about the subject." (Simkhai, 6:65-67, 7:4-6.) As well, as Figure 6 of Simkhai shows, users can communicate with each other. (Simkhai, 11:53-67.) 97. In reviewing multiple profiles of others, the user can "swipe horizontally in order to swipe or otherwise change between views." (Simkhai, 11:28- 32.) In reviewing profiles, the user can also engage in "profile swiping and profile 55 Bumble's Exhibit No. 1002 IPR2019-00842 Page 61 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 interactions such as single or double tapping." (Simkhai, 12:51-53.) Finally, the user can receive "a push/notification message...whenever a favorite of a user of the device…is within a predefined distance of such device." (Simkhai, 13:39-42.) 5. Morris [Ex. 1007] 98. "Morris", entitled "Systems and Methods for Remote Web Query and Image Selection Exchange to Video Screen," discloses "devices, systems, and methods for searching for media on a network using a handheld communications device." (Morris, ¶ 0008). I am informed that Morris qualifies as prior art because it was published on March 24, 2011, more than one year before the filing date of the '811 patent. 99. Morris recognizes the problem that high-functioning handheld devices, such as cellular telephones, "usually have small screens that limit the viewing capabilities." (Morris, ¶ 0006.) These small screens "limit[] the number of people [able to] view[] the screen at one time," thus making it difficult for a "large group to see it." (Morris, ¶ 0006.) These small screens can also be undesirable as the user may simply "desire a larger screen to view" the image. (Morris, ¶ 0006.) Additionally, Morris recognizes that the user may want someone "at a remote location to see the picture," currently on the user's handheld device, on a remote large screen. (Morris, ¶ 0006.) 56 Bumble's Exhibit No. 1002 IPR2019-00842 Page 62 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 100. Morris thus invented "devices, systems, and methods" to take "multimedia content….viewed on a handheld communications device and transfer the content to a larger screen." (Morris, ¶¶ 0007-0008.) In doing so, the handheld device became even more important and functional. Thus, giving the user the ability to search and browse for media on the handheld device, and allowing the user to efficiently interact with the search results on the device, became increasingly important. As such, Morris also accomplished an "improved way to browse multimedia search results" on the handheld device. (Morris, ¶ 0007.) 101. The form in which search results are displayed on the handheld device affect the efficacy of the handheld device. Thus, focused in part on remedying "the small size of displays on most handheld devices," Morris discusses that the results of a search run on the device "may be subdivided into stacks of, for instance, 10 results at a time." (Morris, ¶ 0026; see also id., ¶ 0032.) This stack of media results "is oriented in such a way that it is apparent to the user that the results are stacked." (Morris, ¶ 0026.) As an example, "the edges of image results may be rotated at various angles so they can be seen as if 'looking down' on top of the stack." (Morris, ¶ 0026.) Figure 6 of Morris is illustrative of the stack of images (center of image). 57 Bumble's Exhibit No. 1002 IPR2019-00842 Page 63 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 102. Furthermore, at the time the Morris application was filed, many handheld communication devices, like cellphones, were touchscreens. Indeed, Morris acknowledges the touchscreen feature of various handheld devices. (E.g., Morris, ¶ 0026.) Morris discloses that the user has "the ability to select and manipulate the results individually by using their finger or a stylus on a touchscreen." (Morris, ¶ 0026.) Figure 7A of Morris is illustrative of the user's ability to manipulate the result at the top of the stack. 58 Bumble's Exhibit No. 1002 IPR2019-00842 Page 64 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 103. Looking at how the resulting stack of images and the touchscreen interact, a user can perform various actions with the top result, such as sending it to a display on a large screen, or deleting it, with a finger gesture. (Morris, ¶ 0039.) The user may also simply "retrieve the next stack of results" by touching the "next page' button" if the current stack does not provide satisfactory results. (Morris, ¶ 0027.) 104. Regarding the touchscreen feature, while Morris describes "dragging" and "sliding" the search result to an icon on the touchscreen, (Morris, ¶¶ 0028, 0039), a person of ordinary skill in the art would realize that this "dragging" or "sliding" are, in fact, swipe gestures. This is because the screen is of limited size with few options, each of which is shown in a cardinal direction (up, down, left, right) on the display, shown in Figure 6 below. 59 Bumble's Exhibit No. 1002 IPR2019-00842 Page 65 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 105. Given the screen geometry, the relatively few choices, and the relative sizes of the cards and the target locations, it can be seen that the "dragging" is not a fine grained gesture in which it is important that the target icon be reached with some accuracy; rather a coarse motion in any of the four directions would easily move the large card image onto the selected target. Thus, Morris' "drag" is actually a swipe. 6. Kulas [Ex. 1008] 106. "Kulas", entitled "User Interface Controls Including Capturing User Mood in Response to a User Cue," discloses methods applicable to "commercial users of computers in such fields as marketing, advertising, product improvement, business planning, etc." where "information about a user's state of mind" is of "high importance" and used to "obtain statistics and characteristics about users." (Kulas, 60 Bumble's Exhibit No. 1002 IPR2019-00842 Page 66 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 ¶ 0003.) I am informed that Kulas qualifies as prior art because it was published on April 14, 2011, more than one year before the filing date of the '811 patent. 107. As Applicant acknowledged during prosecution, "Kulas discloses controls in a graphical user interface where a user's touch or swipe of the control indicates the user's state of mind." (Ex. 1011, MTCH-595 (citing Kulas, ¶ 0005).) Kulas thus discloses that based on a specific "user 'cue,' such as touch or swipe on the display screen," "an indication of the user's state of mind can be conveyed to appropriate system or application hardware or software." (Kulas, ¶ 0005; see also Kulas, Abstract.) For example, a "user may swipe their finger downward to indicate disapproval, or upward to indicate approval." (Kulas, ¶ 0027.) Kulas further discloses that "swipes left or right can be used instead of up/down." (Kulas, ¶ 0027.) When a user "does not swipe their finger in either direction then the system may register no mood or intent with the action." (Kulas, ¶ 0027.) B. Claims 1, 2, 3, 4, 5, 6, 7, 8 and 9 are obvious 108. As mentioned, this Declaration addresses claims 1, 2, 3, 4, 5, 6, 7, 8, and 9, which all are obvious. The claims can be divided into three groups, which are all very similar to each other. Independent claims 1, 4, and 7 are all very similar. Dependent claims 2, 5, and 8 are all very similar. And finally, dependent claims 3, 61 Bumble's Exhibit No. 1002 IPR2019-00842 Page 67 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 6, and 9 are all very similar. The independent claims are discussed first, followed by claims 2, 5, and 8. Last, I will address dependent claims 3, 6, and 9. 1. Claim 1 109. I have reproduced independent claim 1 below, and divided up the limitations using bracketed notations (e.g., "[a]," "[b]," etc.) to facilitate identification of the limitations in my analysis below: 1. A computer implemented method of profile matching, comprising: [a] electronically receiving a plurality of user online-dating profiles, each profile comprising traits of a respective user and associated with a social networking platform; [b] electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device; [c] determining a set of potential matches from the plurality of user online-dating profiles for the first user in response to receiving the first request; [d] causing the display of a graphical representation of a first potential match of the set of potential matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user; 62 Bumble's Exhibit No. 1002 IPR2019-00842 Page 68 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 [e] determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping gesture associated with the graphical representation of the first potential match on the graphical user interface [f] in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match; [g] determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match; [h] determining to enable initial communication between the first user and the second user in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user; [i] in response to determining to enable initial communication between the first user and the second user, causing the graphical user interface to display to the first user the graphical representation of the first potential match; 63 Bumble's Exhibit No. 1002 IPR2019-00842 Page 69 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 [j] determining that the first user expressed a negative preference indication regarding a third potential match of the set of potential matches at least by determining that the first user performed a second swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the second swiping gesture different than the first swiping gesture, the third potential match corresponding to a third user; [k] preventing communication between the first user and the third user after to determining that the first user has expressed the negative preference indication regarding the third user; [l] determining that the first user expressed a positive preference indication regarding a fourth potential match of the set of potential matches at least by determining that the first user performed the first swiping gesture associated with a graphical representation of the fourth potential match on the graphical user interface, the fourth potential match corresponding to a fourth user; and [m] preventing communication between the first user and the fourth user after determining that the fourth user has expressed a negative preference indication regarding the first user. ('811, cl. 1.) In the sections below I will explain that each limitation of claim 1 is disclosed and rendered obvious by the prior art. 64 Bumble's Exhibit No. 1002 IPR2019-00842 Page 70 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 110. The preamble of claim 1 recites, "a computer implemented method of profile matching, comprising." To the extent the preamble of claim 1 is a limitation, it is disclosed by and obvious in light of Chang. (Chang, e.g., Abstract ("An online matchmaking management system includes a member database for storing a plurality of member data files, an account management module configured to process login data of a user, and a matching module configured to receive a matching condition and to select at least one candidate member.").) Figure 1 depicts "system 100", which "is used to match [] users." (Chang, ¶ 0017.): 111. Matching module 2, outlined in red above "is configured to receive a matching condition established by the user 91, and to select at least one candidate 65 Bumble's Exhibit No. 1002 IPR2019-00842 Page 71 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 member from the member database 5 that satisfies the matching condition." (Chang, ¶ 0020.) Figure 1 depicts both user 91 and user 92 using computers. (Chang, Fig. 1.) Figure 2 and Figure 3 are flow charts showing "an online matchmaking method" performed by system 100. (Chang, ¶¶ 0014-0015, 0017, 0026, 0030.) Figure 3 provides "detailed steps executed by matching module 2" and shows a computer implemented method for profile matching: (Chang, ¶ 0030, Fig. 30.) 66 Bumble's Exhibit No. 1002 IPR2019-00842 Page 72 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 112. As shown in Figure 3 above, the method of profile matching disclosed in Chang includes "receiv[ing] matching conditions of the user" (step S31), "conduct[ing] [a] matching search according to matching conditions" (step S32), "display[ing] basic data of selected candidate member and yes/no option" (step S34), and determining if "the user and selected candidate member are mutually interested" (step S34A). This disclosure shows "a computer implemented method of profile matching" as claimed in the preamble of the '811 patent. (a) "electronically receiving a plurality of user online- dating profiles, each profile comprising traits of a respective user and associated with a social networking platform;" (Claim 1[a]) 113. Chang discloses a "member database for storing a plurality of member data files" that correspond to the claimed "plurality of user online-dating profiles." (Chang, ¶ 0010, Fig. 1.) 114. A person of ordinary skill in the art would appreciate that Chang's "member data files" are the same as the ʼ811 patents "user online-dating profiles." The '811 patent describes "profiles" in the context of "make matching decisions or elections," ('811, 3:56-57), and later describes such data: "As part of the registration process, matching server 20 may ask user 14 a series of questions which identifies characteristics about the user 14. Thus, matching server may ask about the height, weight, age, location, and ethnicity of user 14." (ʼ811, 5:1-5.) 67 Bumble's Exhibit No. 1002 IPR2019-00842 Page 73 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 115. Chang indicates that "[t]he member database 5 stores a plurality of member data files," (Chang, ¶ 0018), and that "[t]he account management module 1 and the matching module 2 are connected to the member database 5…" (Chang, ¶ 0019.) Further, "[t]he matching module 2 is configured to receive a matching condition established by the user 91, and to select at least one candidate member for the member database 5 that satisfies the matching condition." (Chang, ¶ 0020.) Since the information about each user is stored in the member data file, which the matching module can access, this would be the information used in establishing matches. 116. The contents of this file would be populated when the user registers, and would include at least "his basic data, his current occupation status, his academic records, his family background, his economic status, his self-introduction, his photos, his conditions for choosing a spouse, etc. into the system 100." (Chang, ¶ 0027.) We can see further from Figure 4 that this information would include age, height, weight, location, education, and income, all of which would have to come from the member data file. 117. The contents of Chang's member data files are information about the user used for match making, and thus have similar information and the same function as the ʼ811 "profiles". 68 Bumble's Exhibit No. 1002 IPR2019-00842 Page 74 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 118. As discussed with respect to the preamble, above, Chang discloses an online matchmaking system and method. (See, e.g., Chang, ¶ 0010 ("an online matchmaking system.").) As part of this online matchmaking method, users who match with each other may, after meeting certain criteria, go out on a date. (Chang, ¶ 0025 ("the scheduling module 4 issues a dating invitation for the user 91 and the target member to go out on a date."). 119. Chang is self-described as "a system 100 for online matchmaking management." (Chang, ¶ 0017.) Subscribers connect to the system by "establishing connection with the server over a network using an electronic device," and further "[t]he system is used to match the users." (Chang, ¶ 0017.) It is obvious that this matchmaking is in a broad sense a "dating service" even though Chang is particularly oriented toward marriage suitability. Further, as matchmaking progresses if a pair of users are found to be compatible and mutually interested, Chang can "issue a dating invitation between the user 91 and the user 92." (Chang, ¶ 0044.) 120. The system and method disclosed in Chang is therefore an online dating system and method. Because members who use the system disclosed in Chang are using an online dating system a person of ordinary skill in the art would understand the disclosed "plurality of member data files" to disclose the claimed "plurality of user online dating profiles." 69 Bumble's Exhibit No. 1002 IPR2019-00842 Page 75 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 121. Each of these "member data files" includes "basic data of a member." (Chang, ¶ 0010.) The "basic data of a member" disclosed in Chang corresponds to the claimed "traits of a respective user." For example, Figure 6, shows a plurality candidate members, who each have member data files: (Chang, Fig. 6.) Figure 6 shows traits of each respective user. (Chang, Fig. 6.) Specifically, Figure 6 shows the age and location of user members Ms. Chen, Miss Lee, and Miss Wong. 122. Figure 7 shows additional traits of Ms. Wong: 70 Bumble's Exhibit No. 1002 IPR2019-00842 Page 76 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (Chang, ¶ 0034, Fig. 7.) Specifically, in addition to age, Figure 7 shows the weight and height of Miss Wong. (Chang, Fig. 7.). 123. Chang discloses "electronically receiving" these online-dating profiles, each profile comprising traits of a respective user." As shown in Figure 1, Chang discloses that user 1 inputs information via a computer, which is received by the system disclosed in Chang electronically. (Chang, Fig. 1.) 124. Figure 2 in Chang shows step S1a where a user inputs data to create a member data file. (Chang, Fig. 2, ¶ 0027.) This step in Chang corresponds to the claimed "electronically receiving a plurality of user online-dating profiles, each profile comprising traits of a respective user." Chang discloses that "to register, the user 91 inputs his basic data, his current occupation status, his academic records, his 71 Bumble's Exhibit No. 1002 IPR2019-00842 Page 77 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 family background, his economic status, his self-introduction, his photos, his conditions for choosing a spouse etc. into system 100." (Chang, Fig. 2, ¶ 0027.) This inputted information corresponds to the claimed "traits of a respective user." Other users would also provide this information during registration. (See Chang, ¶ 0018 ("each user" "must be registered as a member first").) 125. As stated above, Chang requires users of its service to enter personal data as part of creating an account. "To register the user 91 inputs his basic data, his current occupation status, his academic records, his family background…" (Chang, Fig. 2, ¶ 0027.) This information is received electronically because the user connects over a computer network. Chang is self-described as "a system 100 for online matchmaking management." (Chang, Fig. 2, ¶ 0017.) Subscribers connect to the system by "establishing connection with the server over a network using an electronic device." (Chang, Fig. 2, ¶ 0017.) In other words, Chang discloses the "online dating system electronically receiving the profile of each user comprising traits of a respective user." 126. To the extent that the claim term "associated with a social networking platform" is broad enough to include the social networking platform disclosed in Chang itself, Chang discloses each profile. . . associated with a social networking platform." Chang discloses a dating service with multiple users, each with their own 72 Bumble's Exhibit No. 1002 IPR2019-00842 Page 78 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 profile. Chang connects these users with each other in a matchmaking process. "Some aspects of this invention include receiving matching conditions of a user to quickly find candidate members, providing interaction between members through questionnaires to permit a potential couple to develop mutual understanding, and using conditional authorization for interaction between members as a mechanism to reduce dating costs." (Chang, ¶ 0047.) 127. To the extent that the claim requires that each profile be associated with a social networking platform, independent of the dating system, claim element 1[a] is obvious over Chang in view of Norena. 128. Combination with Norena: Norena explicitly discloses that users' profiles may be associated with another social networking platform: [U]sers have the option to create a profile using the data they already entered in another social network account like Facebook, Twitter or any other similar social network where users create a profile with basic personal information, in that case users just would have enter the username and password of the other social network and authorize the data (picture, cell phone number, e-mail) to be downloaded from that account into the system being described herein. (Norena, ¶¶ 0010, see also id. at 0021, 0057.) 129. It would have been obvious to a person of ordinary skill in the art that the system disclosed in Chang could require a user to sign up using a social 73 Bumble's Exhibit No. 1002 IPR2019-00842 Page 79 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 networking platform account, as disclosed in Norena. The claim limitation "each profile. . . associated with a social networking platform," is therefore rendered obvious by Chang in view of Norena. 130. Rationale and Motivation to Combine: It would have been obvious to combine Chang with Norena predictably resulting in the system of Chang in which a profile must be created using an existing social network account, like Facebook, as disclosed in Norena. 131. Chang and Norena are analogous references in the field of online dating. Indeed, the systems disclosed in Chang and Norena are remarkably similar. Like Chang, Norena discloses an online dating system where users create profiles and can view potential matches. (Norena, ¶¶ 0010-0011, 0024.) Like Chang, Norena discloses a system where users can only communicate if they mutually express interest in each other. (Norena, ¶¶ 0024-0030.) 132. One of ordinary skill in the art would have had every expectation that combining a system such as one disclosed in Chang with the ability to sign up for the dating service using an existing social media account disclosed in Norena would have been successful. One of ordinary skill in the art would not have perceived any technological obstacle to the combination. 133. One of ordinary skill would have had many reasons to make the 74 Bumble's Exhibit No. 1002 IPR2019-00842 Page 80 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 proposed combination. Chang provides express motivation by discussing account authentication. Chang teaches that "[f]or protection of the members and promotion of the system's authenticity, the account management module 1 processes authentication of at least one of a mobile phone number, an email address, biometric data, an ID card, and an academic certificate for each of the member data files." (Chang, ¶ 0027.) Although, authentication using a social networking account is not explicitly listed, one of ordinary skill would understand that associating an online dating profile with a separate social networking platform would have been another way to authenticate identity. 134. A person of ordinary skill would also have been motivated to combine the teachings of Norena with respect to profiles associated with a social networking platform with the system disclosed in Chang because using login data from an existing social media account would make it faster and easier to sign in to the online dating system disclosed in Chang. 135. Logging in using credentials from an existing social networking platform account was not novel. In addition to being taught by Norena, this technique was well known in the field of online dating at the time of the alleged invention of the '811 patent. (See, e.g. Simkhai, Fig. 3A, 10:64-11:2; Montoya [Ex. 1012], 3:5-10, 3:39-42, 6:44-52, 7:7-15; Nordstrom [Ex. 1013], 15:25-37.) These 75 Bumble's Exhibit No. 1002 IPR2019-00842 Page 81 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 examples, discussed in the paragraphs that follow are used merely to demonstrate that one of ordinary skill in the art would have been motivated to combine Chang and Norena because logging into dating cites was well-known before the alleged invention. Reference to this prior art is merely intended to confirm that the combination of Chang and Norena would have led to a predictable result because in fact it had been done by others. I rely solely on the combination of Chang and Norena as invalidating prior art for this limitation. 136. Simkhai [Ex. 1006] is a patent assigned to the software company that developed the popular online dating application, Grindr. Figure 3A of Simkhai shows the application providing a user with the option button to import or link Facebook data with the user's profile information. Simkhai similarly discloses that, when opening the application for the first time, the user is directed to screen 320, containing the "Import/Link Your Facebook Data" button, to "facilitate gathering general user information." (Simkhai, 10:64-11:2.) 137. U.S. Patent No. 9,639,901 to Montoya et al. ("Montoya") (Ex. 1012) discloses geo-location systems and methods for user matching and communication. 76 Bumble's Exhibit No. 1002 IPR2019-00842 Page 82 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 The systems in Montoya expressly contemplate being configured "to interact with other social networks, such Facebook(R), LinkedIn, Twitter, Google+, Foursquare, Gowalla and/or MySpace(R)." (Ex. 1012, 3:5-10.) Montoya further provides examples of this interaction, where the user may: "upload picture profiles to replace or update their social network profiles," (Ex. 1012, 3:39-42); "post status updates on a social network profile. . . of the user, such as when the user adds a new friend or visits a particular geolocation," (Ex. 1012, 6:44-52); or "sign-in with any social and receive streams of information from their own social networks. . ." (Ex. 1012, 7:7- 15.). 138. U.S. Patent No. 9,294,428 to Nordstrom et al. ("Nordstrom") (Ex. 1013) is a patent assigned to the software company that developed the social collaboration application, KinectUs. Nordstrom discloses a system where registered users are matched based on their profile data and can communicate with each other. The system from Nordstrom expressly contemplates that a user's profile data may be "automatically retrieved by the collaboration system 26 from. . . other information sources, for example, a social networking service subscribed to by users of the smartphone." (Ex. 1013, 15:33-36.) 139. In a 2012 internet article about the Top 10 Best Mobile dating Apps of 2012, online dating commentator Julie Spira, wrote that "most apps let you sign up 77 Bumble's Exhibit No. 1002 IPR2019-00842 Page 83 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 directly from their Facebook page." (Ex. 1014.) An earlier September 2010 article from Julie Spira on "The CyberDating Expert Top 10 Mobile Dating Apps" notes that the "Meet Moi" and "Are You Interested" both integrate with Facebook. (Ex. 1015.) A person of ordinary skill would have found it obvious to apply this well- known technique to the online dating system disclosed in Chang and the results in doing so would have been predictable. (b) "electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device;" (Claim 1[b]) 140. Chang discloses electronically receiving a first request for matching, the first request electronically submitted by a first user using a first electronic device. The step shown in Figure 2 as S3 ("perform search. . .") and in more detail in Figure 3, step S31 ("receive matching conditions of the user") correspond to the claimed "first request for matching." (Chang, Figs. 1, 2, 3, 5, ¶¶ 0030-0032.) 141. In Chang, after a user registers, he can choose criteria for having the system make matches. "The user 91 can then select from options for quick search (basic data search), an advanced search (which permits configurable search options), newest member, occupation, etc. The user 91 can therefore determine matching conditions." (Chang, ¶ 0030.) As already stated, the user is doing this over a computer network, i.e. "electronically". Specifically, as shown below, Chang 78 Bumble's Exhibit No. 1002 IPR2019-00842 Page 84 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 describes step S31 in Figure 3 as "Step S31 – the matching conditions established by the user 91 are received." (Chang, ¶ 0031.) (Chang, Fig. 3.) 142. At step S3, "the user 91 is presented with the interaction interface shown in Figure 5": 79 Bumble's Exhibit No. 1002 IPR2019-00842 Page 85 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (Chang, Fig. 5, ¶ 0030.) 143. "The user 91 can then select from options for a quick search (basic data search), an advanced search (which permits configurable search options), newest member, occupation, etc. The user 91 can therefore determine matching conditions." (Chang, ¶ 0030.) Figure 5 shows an electronic interface and Chang generally an online matchmaking system and method. (Chang, Fig. 5, Title.) In addition, Figure 1, shows user 91 on a computer that corresponds to the claimed first electronic device. (Chang, Fig. 1.) 144. Accordingly, Chang discloses that the first request for matching is electronically received by the system disclosed in Chang and that this first request for matching is electronically submitted by a first user 91 using a first electronic 80 Bumble's Exhibit No. 1002 IPR2019-00842 Page 86 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 device, such as the computer disclosed in Figure 1. (c) "determining a set of potential matches from the plurality of user online-dating profiles for the first user in response to receiving the first request;" (Claim 1[c]) 145. Chang discloses determining a set of potential matches from the plurality of user online-dating profiles for the first user in response to receiving the first request. As discussed above with respect to Claim element 1[a], Chang discloses a "plurality of user online-dating profiles." 146. Chang also discloses performing a search of matches in response to receiving matching conditions of the user, which corresponds to the claimed "determining a set of potential matches. . . in response to receiving the first request." As discussed above with respect to claim element 1[b], step S31 "receive matching conditions of the user", show in Figure 3 corresponds to the claimed "first request for matching." (Chang, Fig. 3, ¶ 0031.) The next step shown in Figure 3 is S32 ("conduct matching search according to matching conditions"). (Chang, Fig. 3, ¶¶ 0030, 0032.) 147. The basic principal in Chang is that users enter their personal data upon registration, and can then specify criteria they are looking for in a match. As stated above, in Figure 3 at step S31 the matching criteria are received by the system. The next step is to find matches which satisfy the specified criteria. This is performed at 81 Bumble's Exhibit No. 1002 IPR2019-00842 Page 87 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 step S32. Chang discloses that at Step S32 a "matching search is conducted according to the matching conditions, and at least one candidate member who satisfies the matching condition is identified from the member database 5 as a matched candidate. In this embodiment, a plurality of matched candidates are identified." (Chang, ¶ 0032.) 148. Accordingly, Chang discloses determining a set of potential matches ("a plurality of matched candidates") from the plurality of online-dating profiles for 82 Bumble's Exhibit No. 1002 IPR2019-00842 Page 88 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 the first user ("user 91") in response to receiving the first request (user 91's "matching conditions"). (d) "causing the display of a graphical representation of a first potential match of the set of potential matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user;" (Claim 1[d]) 149. This claim element uses the term "graphical user interface". Also called a "GUI", graphical user interfaces were developed decades ago as an advance over the previous command line interfaces. In a command line interface, the operating system displays a prompt, the user types a command, the command is executed, and output is printed on the screen. A command line interface can process only text, and from a keyboard. A command line interface produces characters from a character generator circuit as output, while a GUI displays pixels, even when displaying text. 150. The plain and ordinary meaning of "graphical representation" is broad and is not limited to any embodiment. Consistent with my understanding of the plain meaning of "graphical representation," the specification of the '811 patent teaches that a user picture is not required: "User 14 may be presented with a summary of information regarding a suggested user. The summary may include one or more of: a picture, an icon, name, location information, gender, physical attributes, hobbies 83 Bumble's Exhibit No. 1002 IPR2019-00842 Page 89 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 or other profile information." ('811, 21:18-22.) 151. Chang clearly shows a graphical user interface. Consider for example Figure 7. From this Figure, it is clear that Chang runs in a browser that is capable of graphics, such as arrows, boxes, lines, different size fonts in different type faces. Additionally the match content shown in Figure 7 is made to look like a stacked series of tabbed cards, and the selected candidate appears on one of those cards. In the context of a graphical user interface, any representation would be graphical. Here, the card metaphor further demonstrates that Chang discloses a graphical representation of a potential first match. 152. Figure 7 shows a "display of a graphical representation of a first potential match": 84 Bumble's Exhibit No. 1002 IPR2019-00842 Page 90 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (Chang, Fig. 7.) In Figure 7, Chang shows a graphical representation (the index card shown in Figure 7 and outlined in red) of Ms. Wong, who is the first potential match of the set of potential matches shown in Figure 6. (Chang, Figs. 6, 7, ¶¶ 0033- 0034.) 153. Figure 7 corresponds to step S34 of Figure 3 where they system displays "the basic data of the selected member (e.g. the user 92)". (Chang, Fig. 3, ¶ 0034.) In addition to corresponding to the claimed the first potential match, User 92 (e.g. Ms. Wong) also corresponds to the claimed second user. (Chang, ¶ 0034.) For example, Chang discloses User 92 interacting with the system disclosed in Chang. (Chang, ¶ 0034 ("If the matching module 2 receives the reply of the user 92 85 Bumble's Exhibit No. 1002 IPR2019-00842 Page 91 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 that shows she is also interested in user 911, the process flow goes to step S35.") Chang discloses two users, users 91 and user 92. User 91 corresponds to the claimed first user and user 92 corresponds to the claimed second user. 154. Chang also discloses that "[w]hen the user 91 selects the target member from the one or more members selected by the matching module 2, the matching module 2 presents the basic data of the target member to the user 91 through the interaction module 3 and asks whether the user 91 is interested in the target member." This presentation of data is the graphical representation shown in Figure 7, which corresponds to the claimed "graphical representation of a first potential match of the set of potential matches." 155. Figure 7 is shown as an internet browser window, which is a "graphical user interface", as discussed above. As discussed above with respect to claim element 1[b], Figure 1 of Chang shows user 91 (who corresponds to the claimed "first user") using a computer, which corresponds to the "first electronic device". (Chang, Fig. 1.) A person of ordinary skill in the art would understand that the graphical user interface disclosed in Figure 7 of Chang, could be presented to the first user (user 91) on the computer (first electronic device) shown in Figure 1 of Chang. (Chang, Figs. 1, 7, ¶ 0034.) Accordingly, Chang discloses "causing the display of a graphical representation of a first potential match of the set of potential 86 Bumble's Exhibit No. 1002 IPR2019-00842 Page 92 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 matches to the first user on a graphical user interface of the first electronic device, the first potential match corresponding to a second user." (e) "determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping gesture associated with the graphical representation of the first potential match on the graphical user interface;" (Claim 1[e]) 156. Chang discloses "determining that the first user expressed a positive preference indication regarding the first potential match". As shown in Figure 3 and Figure 7 at Step S34, the dialogue box that displays "basic data of the selected member (e.g., the user 92)" includes "a YES/NO option for the user 91 to indicate interest in the user 92." (Chang, ¶ 0034, Figs. 3, 7.) User 91 corresponds to the claimed first user. The "yes" option corresponds to the claimed "positive preference indication" and user 92 corresponds to the claimed "first potential match." 157. As shown in Figure 7, the positive preference indication disclosed in Chang takes the form of "yes" or "no" buttons on the graphical user interface. (Chang, Fig. 7.) Therefore, the "positive preference indication regarding the first potential match" disclosed in Chang is also "associated with the graphical representation of the first potential match on the graphical user interface." (Chang, Fig. 7.) 158. Further Combination with Wernick: Wernick discloses determining 87 Bumble's Exhibit No. 1002 IPR2019-00842 Page 93 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 that a user expressed a positive preference indication by determining that a user performed a first swiping gesture. (Wernick, 9:64-10:49, Fig. 7.) Wernick discloses a graphical user interface in which "swiping gestures may be used to select an object and move it in a particular direction." (Wernick, 10:8-10.) "The direction of movement acts as a choice of the user's intent such as 'I like this'," which corresponds to the claimed "positive preference indication." (Wernick, 10:10-11.) For example, as shown at interface 720 of Figure 7 in Wernick, a user may swipe down to "select[]" or "signal interest." (Wernick, Fig. 7.) 159. Note that the actual gesture is made by the user, but it is the Wernick software running in the phone which detects the presence of the user's touch and 88 Bumble's Exhibit No. 1002 IPR2019-00842 Page 94 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 determines that it is in fact a swipe gesture, by sensing the continued touch while the point of contact with the finger on the screen moves. The determining also includes calculating the direction of the swipe; in Wernick the activity of interest is swiped downwards 160. This swiping gesture disclosed in Wernick therefore corresponds to the claimed "determining that the first user expressed a positive preference indication. . . least by determining that the first user performed a first swiping gesture associated with the graphical representation. . . on the graphical user interface." 161. Rationale and Motivation to Combine: It would have been obvious to a person of ordinary skill in the art to combine the graphical user interface and swiping gesture, disclosed in Wernick, with the online dating system disclosed in Chang and/or Norena predictably resulting in an online dating system where choices regarding interest in another user were made using the swiping gesture disclosed in Wernick. (Wernick, Fig. 7; Chang, ¶ 0034.) 162. A swipe would be a simple gesture for suggesting approval or interest in an item, or lack thereof. Long ago desktop interfaces promulgated the idea of deleting an object by throwing it into the trash, sometimes with corresponding graphics suggesting crumpling and tossing the deleted item. Swiping in one direction or its opposite is a natural way of sorting physical objects, such as photos, 89 Bumble's Exhibit No. 1002 IPR2019-00842 Page 95 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 pieces of hard candy, coins, etc. So a swipe gesture on the phone would have been readily appreciated by a user to have a similar meaning. 163. One of ordinary skill would have been motivated to combine Chang and/or Norena with Wernick particularly in light of the rise of smartphones and mobile apps prior to the time of the alleged invention of the '811 patent. The user interface shown in Figures 4-10 of Chang show a traditional computer-based web browser, as illustrated, for example, by the horizontal orientation of the screen and the URL and user interface controls at the top of the screen, which were typical of desktop or laptop computers. Norena discloses that client 204 may be a computer or a cell phone and that an application or web browser may be sued to access the system. (Norena, ¶¶ 0043.) The user interface figures in Norena, however, disclose a more traditional computer-based interface. (Norena, Figs. 3-4.) For example, these interfaces have small icons in list format and have numerous tabs that would be difficult to navigate through on a smartphone. Notably, the user interface is shown horizontally, which is more characteristic of a laptop or desktop computer than a mobile device. That Norena discloses that a mobile app can be used, but only discloses a more traditional computer-based interface would have motivated a person of ordinary skill in the art to look for additional references that could provide a mobile-friendly app design to implement the online dating system of Norena and/or 90 Bumble's Exhibit No. 1002 IPR2019-00842 Page 96 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Chang. 164. By the time of the alleged invention of the '811 patent, it was common to use smartphones, rather than strictly desktop or laptop computers to navigate the web-based content. Mobile apps were also becoming increasingly popular at this time. For example, in a June 20, 2011 study conducted by Flurry in June 2011 found for the first time that U.S. user's mobile app consumption exceeded traditional and mobile web consumption. (Ex. 1016.) This trend towards mobile applications held true in the online dating space. In another Flurry study published in August 2011, Flurry "found that the number of people using dating apps is growing faster than the number using all apps." (Ex. 1017.) That same study found that the time users spent on dating mobile apps increased from 3.7 minutes per day in June 2010 to 8.4 minutes per day in June 2011, surpassing web-based dating for the first time. (Ex. 1017.) In a September 2010 blog post, cyber-dating commentator Julie Spira wrote "[t]he year 2010 will go down in history for mobile dating becoming mainstream with many traditional online dating sites launching their apps." (Ex. 1015.) 165. Given the swift rise in popularity of smartphones and mobile applications in general and mobile dating applications in particular in the years leading up to the alleged invention of the '811 patent, a person of ordinary skill would have had strong motivation to combine the online dating principles disclosed 91 Bumble's Exhibit No. 1002 IPR2019-00842 Page 97 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in the Chang and/or Norena references with graphical user interface designs directed specifically to the smaller user interface of mobile phones. Additionally, the uptake in mobile phones over conventional computers was spearheaded by younger people, who are also those more likely to be seeking help finding dates. This would have provided further motivation to combine Chang and/or Norena with Wernick. 166. A person of ordinary skill would recognize that traditional computer web-based user interfaces, like that disclosed in Chang and Norena can be difficult to navigate on the smaller screen of a mobile device. A person of ordinary skill in the art, seeking to reach the growing online dating app market would look to references, like Wernick, that disclose an easy-to-use graphical user interface specifically designed for a mobile device. 167. A person of ordinary skill in the art would have been motivated to employ the swiping gesture interface of Wernick with Chang and/or Norena in order to obtain a functional and easy to use interface for a mobile dating application on a smart phone. As discussed earlier, as smart phones proliferated they started taking increasing amounts of Web traffic as compared to conventional desktop and laptop browsers. Chang discloses a user interface which is clearly oriented towards conventional browsers, as can be readily seen by features such as back arrows and URL text bar in Chang Figure 4, etc. Similarly, as discussed above, Norena's user 92 Bumble's Exhibit No. 1002 IPR2019-00842 Page 98 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 interface appears to be primarily oriented towards conventional browsers. If one wanted to deploy the online dating system of Chang and/or Norena on a smart phone, the application would have been more likely to succeed if it had a user interface less like a conventional browser and more like a smart phone app. 168. Additionally the graphics on the phone would have been preferably simpler and less cluttered than in the browser interface. As the user interacts with the phone with his or her finger instead of a mouse, a swipe style gesture would be easier to perform and more effective on smaller touch sensitive phone screens. 169. Wernick explicitly teaches that the graphical user interface design disclosed in Figure 7 of Wernick can be applied in other contexts where there is an assessment of "user attitudes" regarding a displayed item. (Wernick, 10:65-11:15.) For example, Wernick discloses that "this style of interface can be used" in other contexts, such as "attitudes towards a candidate." (Wernick, 10:65-68.) Wernick therefore teaches that this interface can be used in other contexts, which would explicitly motivate a person of ordinary skill in the art to apply Wernick in the online dating context and combine Wernick with Chang and Norena. 170. Wernick further discloses that "[t]he objects displayed may represent anything tangible or intangible including but not limited to: . . . friends to invite to party. . . and photos." (Wernick, 11:5-11.) Expressing an attitude towards a 93 Bumble's Exhibit No. 1002 IPR2019-00842 Page 99 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 candidate or determining friends to invite to a party both involve making judgments regarding individuals which is similar to making judgments on potential matches as disclosed in Chang and Norena. For example, by expressing an attitude towards a candidate a person is indicating whether they are interested in a candidate, much like someone indicates whether they are interested in a dating match. By determining which friends you would like to invite to a party, you are determining individuals you would like to spend time with, much like determining whether you are interested in an individual as a potential dating partner. 171. Accordingly, this teaching in Wernick would provide additional motivation to combine Wernick with Chang and Norena. A person of ordinary skill in the art would understand that the displayed objects disclosed in Wernick could correspond to the graphical representation of the potential matches disclosed in Chang and/or Norena. For example, as discussed above, Wernick explicitly contemplates that the displayed objects disclosed in Wernick could correspond to people (e.g. a candidate or friends to invite to a party). A person of ordinary skill in the art would recognize that this could correspond to potential matches like those disclosed in Chang and Norena. Additionally, both the activities in Wernick and the candidate members in Chang are graphically represented by cards. Given that the candidate members are already represented using an index card metaphor, a person 94 Bumble's Exhibit No. 1002 IPR2019-00842 Page 100 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 of ordinary skill in the art would understand that a candidate member could be displayed using the cards shown in Wernick. 172. Chang discloses an online dating system in which users make binary decisions regarding whether they are interested in another user. (Chang, ¶ 0034, Figs. 3, 7.) Wernick similarly discloses a computer-based application where users make binary choices regarding their interest in a specific activity. Because both Chang and Wernick disclose binary choices, one of skill in the art would understand that the binary-choice swiping gestures disclosed in Wernick could be substituted for the "yes" and "no" buttons disclosed in Chang. 173. At the time of the alleged invention, a swiping gesture was a known substitution for a button. For example, in U.S. Patent Application Publication U.S. 2011/0087974 to Kulas, filed on December 17, 2010 and published on April 14, 2011, disclosed that a "user may swipe their finger downward to indicate disapproval, or upward to indicate approval." (Kulas, ¶ 0027.) Kulas also disclosed expressing approval or disapproval with a button click. (Kulas, ¶ 0022, Fig. 1.) Kulas discloses that [i]n addition to, or instead of, button or control operation with a mouse and pointer, a user may achieve similar results with touch-screen movements 95 Bumble's Exhibit No. 1002 IPR2019-00842 Page 101 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 [or] gestures. . . ." such as swiping. (Kulas, ¶¶ 0026, 0027.)5 Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the alleged invention of the '811 patent that the swipe gesture disclosed in Wernick could be substituted for the "yes" and "no" buttons disclosed in Chang or the "I want to meet this person button in Norena." (Chang, Fig. 7; Norena, Fig. 3.) 174. Alternative Further Combination with Morris: Claim element 1 is alternatively disclosed and rendered obvious by Chang in view of Norena and Morris. Specifically, Morris provides a similar disclosure to Wernick regarding a mobile touchscreen interface that, combined with Chang, discloses the limitations of claim element 1[e]. Morris discloses determining that a user expressed a positive preference indication by determining that a user performed a first swiping gesture. 5 For the purposes of the combinations of Wernick with Norena and Chang, and Morris with Norena and Chang (discussed below), I rely on Kulas only to demonstrate that at the time of the alleged invention swiping was a known substitution for a button. I do not rely on the swiping disclosure of Kulas as invalidating prior art, except with respect to Grounds 5 and 6 that combine Chang, Norena, Morris, and Kulas and Chang, Norena, Kulas, and Simkhai respectively. 96 Bumble's Exhibit No. 1002 IPR2019-00842 Page 102 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 175. Figure 6 of Morris discloses a graphical user interface in which "a user of device 610 uses their finger or other implement such as a stylus to manipulate stack of images and slide the top image 680 to anywhere on the display." (Morris, ¶ 0039, Fig. 6.) Morris discloses a first swiping gesture that corresponds to a positive preference indication. Specifically, Morris discloses that a user may save an image in "favorites" by "[s]liding image 680 to star icon 617." (Morris, ¶ 0039.) Saving an image in "favorites" corresponds to a "positive preference indication." For example, a user would send an image to "favorites" if he or she liked the image. Sending an image to "favorites" saves the image and may create a list of favorite 97 Bumble's Exhibit No. 1002 IPR2019-00842 Page 103 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 images the user can later search through. (Morris, ¶ 0039.) 176. Although Morris uses the terms "dragging" and "sliding" rather than "swiping", a person of ordinary skill in the art would understand "sliding" or "dragging" to be another term for a swiping gesture. Morris discloses a touchscreen where cards slide to four destinations corresponding to the four cardinal directions. 177. Morris represents search results as a slightly skewed stack of cards, and a user can perform various actions with the top card, such as sending it to the ipTV box for display on a large screen or deleting it, with a finger gesture. Although Morris describes this as "dragging" or "sliding" the item to the icon on the screen, (Morris, ¶¶ 0028, 0039), a person of ordinary skill in the art would realize that this "dragging" could be accomplished as a swipe gesture, because the screen is of limited size with few options, each of which is shown in a cardinal direction (up, down, left, right) on the display, shown in Figure 6. 178. Given the screen geometry, the relatively few choices, and the relative sizes of the cards and the target locations, it can be seen that the "dragging" or "sliding" is not a fine grained gesture in which it is important that the target icon be reached with some accuracy; rather a coarse motion in any of the four directions would easily move the large card image onto the selected target. Thus Morris' "drag" is actually a swipe. 98 Bumble's Exhibit No. 1002 IPR2019-00842 Page 104 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 179. A person of ordinary skill would understand that the "sliding" or "dragging" in Morris would correspond to a "swiping" gesture. At the very least, the "sliding" or "dragging" in Morris would render a "swiping" gesture obvious given how ubiquitous swiping was for touchscreen devices at the time of the alleged invention of the '811 patent, as discussed above in the technology background. 180. Rationale and Motivation to Combine: It would have been obvious to a person of ordinary skill in the art to combine the graphical user interface and swiping gesture, disclosed in Morris, with the online dating system disclosed in Chang and/or Norena predictably resulting in the online dating system of Chang where choices regarding interest in another user were made using the swiping gesture disclosed in Morris. One of ordinary skill in the art would not have perceived any technological obstacle to the combination because swiping was a well-known touchscreen user interface technique and mobile dating apps implemented on touchscreen devices were wide spread at the time of the alleged invention of the '811 patent. 181. The motivation to combine Chang and/or Norena with Morris is very similar to the motivation to combine Chang and/or Norena with Wernick. Like Wernick, Morris discloses a graphical user interface designed for handheld communication devices, such as smartphones. (Morris, Abstract ("[s]ystems and 99 Bumble's Exhibit No. 1002 IPR2019-00842 Page 105 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 methods are disclosed which relate to browsing through search results on a handheld communications device"), ¶ 0021.) Morris provides a user-friendly interface for sorting through a set of search results represented in a visual format on a handheld communication device. (Morris, ¶¶ 0025, 0026.) Like Wernick, Morris discloses a mobile-device friendly interface that would allow a user to easily express preference indications on discrete items that are represented visually. 182. As discussed above, there was a significant rise in smartphone and mobile app usage around the around the time of the alleged invention of the '811 patent. This was true both generally, and with respect to online dating. Morris explicitly discusses the prevalence of handheld communication devices. (Morris, ¶ 0004.) As discussed further above, in light of the rising popularity of mobile online dating apps, one of ordinary skill in the art would have looked to references, such as Morris that disclose mobile-friendly interfaces, to convert the traditional computer- based web browser interfaces of Chang and Norena to a mobile-friendly interface. 183. Morris explicitly acknowledges the limited "viewing capabilities" of mobile devices due to their "small screens." (Morris, ¶ 0006.) Morris seeks to provide "an improved way to browse multimedia search results" on a handheld device. (Morris, ¶ 0007.) A person of ordinary skill in the art would recognize that the user interface elements disclosed in Morris are not limited to video files, but 100 Bumble's Exhibit No. 1002 IPR2019-00842 Page 106 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 could be applied in other contexts where a user wanted to review and evaluate graphical representations. 184. Morris itself teaches this because it defines "media resource or file" broadly as including "any information or data that can be represented in visual format." (Morris, ¶ 0025.) A person of ordinary skill would recognize the data regarding selected candidate members disclosed in Chang to be an example of a "media resource or file" discussed in Morris because it is "information or data that can be represented in visual format." (Morris, ¶ 0025.) 185. In addition, Chang, Norena and Morris all disclose performing a search, displaying search results, and making decisions regarding search results (Chang, Fig. 3, ¶¶ 0032-0034; Morris, ¶¶ 0026, 0039; Norena, ¶ 0024.) A person of ordinary skill in the art would recognize the applicability of the user interface to the online dating system disclosed in Chang and be motivated to combine them. 186. One of ordinary skill in the art would recognize that you could replace the "yes" and "no" buttons disclosed in Chang or the "I want to meet this person" button disclosed in Norena with the swiping gesture disclosed in Morris. As discussed, at the time of the alleged invention, touchscreen movements and gestures, such as swiping were known substitutions for a button. (Kulas, ¶¶ 0022, 0027, Fig. 1; '811, 22:4-7.) Accordingly, it would have been obvious to one of ordinary skill 101 Bumble's Exhibit No. 1002 IPR2019-00842 Page 107 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in the art at the time of the alleged invention disclosed in the '811 patent that one could replace the "yes" and "no" buttons disclosed in Chang or the "I want to meet this person" button disclosed in Norena with the swiping gesture disclosed in Morris. The results of doing so would have been entirely predictable. 187. Alternative Motivation to Combine with Morris and Kulas: Claim element 1[e] is alternatively disclosed and rendered obvious by Chang in view of Norena and Morris, in further view of Kulas. As explained above, Morris discloses expressing a positive preference indications regarding a potential match. As discussed above, Morris discloses swiping even though it does not use that precise word. In addition, as discussed above, swiping was well known in the art at the time of the alleged invention of the '811 patent and expressing positive and negative preference indications regarding potential matches using two different swiping gestures would have been obvious over Chang in view of Norena and Morris alone. 188. The swiping limitations of claim element 1[e] are further satisfied by Kulas. Thus, claim 1, and related dependent claim 2 would have been obvious over Chang, in view of Norena and Morris in further view of Kulas. 189. Claim element 1[e] requires "determining that the first user expressed a positive preference indication regarding the first potential match at least by determining that the first user performed a first swiping gesture associated with 102 Bumble's Exhibit No. 1002 IPR2019-00842 Page 108 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 the graphical representation of the first potential match on the graphical user interface." Chang, Norena and Morris disclose this limitation. Additionally, Kulas explicitly discloses using a swiping gesture to express a positive preference indication. Specifically, Kulas discloses that a "user may swipe their finger. . . upward to indicate approval." (Kulas, ¶ 0027.) Indicating approval corresponds to the claimed "positive preference indication." 190. Rationale and Motivation to Combine: It would have been obvious to a person of ordinary skill in the art to combine the swiping gesture, disclosed in Kulas, with the online dating system disclosed in Chang (in combination with Norena) and the graphical user interface disclosed in Morris predictably resulting in the online dating system of Chang (as modified by Norena) where choices regarding interest in another user were made using the graphical user interface and swiping gestures disclosed in Morris and Kulas. The motivation to combine Chang, Norena and Morris is discussed above. 191. Kulas discloses a way to allow a user viewing online content to express like or dislike sentiments in the context of a conventional browser user interface. This is done by adding sensing of a swipe gesture around buttons and places a user may also touch on a web browser. "For example, a user can select a button on a touch screen of a mobile device by pushing on the button. Just after the button press 103 Bumble's Exhibit No. 1002 IPR2019-00842 Page 109 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 the user may swipe their finger downward to indicate disapproval, or upward to indicate approval. In a case where the user does not swipe their finger in either direction then the system may register no mood or intent with the action. Naturally swipes left or right can be used instead of up/down, or in addition to up/down in order to convey yet other types of mood or intent." (Kulas, ¶ 0027.) These motions are shown in Figures 7-9 of Kulas. 192. The Kulas invention can be applied to existing user interfaces, especially those that are touch driven, as it does not override the existing touch controls, but rather augments them with an "after gesture" which adds meaning or sentiment to the action the user performs. One could readily adapt any touch-based user interface to support the additional semantics of the Kulas swipe gesture. 193. It would have been readily apparent to one who wanted to add the ability of the user of a phone-based application how to employ Kulas for expressing positive or negative sentiments such as "liking" and "disliking" because it would require simply adding straightforward simple gesture recognition to be triggered when the user made the initial touch of the screen. Kulas would have been a simple and obvious solution because the user interface of Kulas does not require the existing user interaction to be modified, but only augmented. 194. One of ordinary skill would have been further motivated to combine 104 Bumble's Exhibit No. 1002 IPR2019-00842 Page 110 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Chang, Norena and Morris with the swiping disclosure in Kulas for the same reasons a person of ordinary skill in the art would have been motivated to combine Morris with Chang and Norena. As discussed above there was a significant rise in smartphone and mobile app usage prior to the time of the alleged invention of the '811 patent. This was true both generally, and with respect to online dating. As discussed in light of the rising popularity of mobile online dating app, one of ordinary skill in the art would have been motivated to combine references, such as Kulas that disclose alternative user interface controls for touchscreen mobile devices that correspond to interface controls on a traditional computer, with the online dating system disclosed in Chang and Norena. 195. Like Chang and Morris, Kulas discloses a method for expressing approval or disapproval regarding search results. (Kulas, ¶¶ 0022, 0027, 0031, 0035- 0037, Figs. 3, 7-9.) Like Chang and Norena, Kulas discloses a button-based interface for expressing an opinion on a traditional computer. (Kulas, ¶¶ 0022, 0027, 0031, Fig. 3.) Kulas also disclosed expressing approval or disapproval with a button click. (Kulas, ¶ 0022, Figs. 1, 3, 7-9.) 196. Kulas explicitly teaches that a swiping gesture can be used in place of a button in a mobile device: [i]n addition to, or instead of, button or control operation with a mouse and pointer, a user may achieve similar results with touch-screen 105 Bumble's Exhibit No. 1002 IPR2019-00842 Page 111 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 movements [or] gestures. . . ." such as swiping. (Kulas, ¶ 0026.) Kulas discloses that "a user can select a button on a touchscreen of a mobile device by pushing on the button" and then "the user may swipe their finger downward to indicate disapproval, or upward to indicate approval." (Kulas, ¶ 0027.) Given Kulas's explicit teaching that a swipe may be substituted for a button when expressing approval or disapproval, a person of ordinary skill would have been motivated to combine the teachings of Kulas regarding swiping with the button disclosures in Chang and Norena. The results of doing so would have been entirely predictable. 197. It would have been obvious that a swiping gesture disclosed in Kulas could be combined with the graphical user interface disclosed in Morris. As discussed above, Morris discloses that a user can drag or slide cards in different directions to indicate positive preference or negative preference. As discussed above, this discloses and renders obvious swiping. At the very least the Morris's disclosure regarding moving cards on a touchscreen interface would have been strong motivation to combine this reference with the swiping gestures disclosed in Kulas because swiping gestures, like the one disclosed in Kulas were a known method of moving images on a touchscreen interface. 198. Accordingly, it would have been obvious to one of ordinary skill in the art at the time of the alleged invention disclosed in the '811 patent that one could 106 Bumble's Exhibit No. 1002 IPR2019-00842 Page 112 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 combine the graphical user interface disclosed in Morris with the swiping gesture disclosed in Kulas and that this swiping user interface could replace the "yes" and "no" buttons disclosed in Chang, or the similar "I want to meet this person" button disclosed in Norena. (f) "in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match;" (Claim 1[f]) 199. Chang renders obvious claim element 1[f]. Figure 3 discloses the process through which user profiles are displayed to a first user. At step 34, a user is shown basic data of a selected candidate member with a yes/no option. (Chang, Fig. 3.) Once the first user makes a "yes" or "no" selection, the system determines if the user and the selected user are mutually interested at step S34A. (Chang, Fig. 3.) If users are not mutually interested, it would either be because the first user (user 91) is not interested in the second user (user 92) or because the second user (user 92) was not interested in the first user (user 91) or had not yet indicated that she was interested in the first user (user 91). As shown in Figure 3 steps S34A to S34C, if the user and the selected candidate member are not mutually interested and additional selected candidate members exist, basic data of an additional candidate 107 Bumble's Exhibit No. 1002 IPR2019-00842 Page 113 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 member is displayed. (Chang, Fig. 3; see also id., ¶ 0034.) 200. When presented with a match, a first user can indicate whether they are interested or not, at step S34, (Chang, Fig. 3), with the user interface shown in Figure 7. The user at the other side of the match may not be interested in turn, however, as shown in the "no" branch of step S34A. At that point, if there is another match (step S34B) information about the next possible match is displayed at step S34C. "If the user 91 selects NO and another selected matched candidate exists, the basic data of the next one of the selected matched candidates is shown." (Chang, ¶ 0034.) This showing of the next candidate match is automatic because it is done by the system in response to the matched user's "no" vote, and not as a direct request to show the next possible match, i.e., there is no human intervention by the first user to make the display update. 201. Accordingly, a person of ordinary skill in the art would understand Chang to disclose "in response to determining that the first user expressed the positive preference indication regarding the first potential match, automatically causing the graphical user interface to display a graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match" particularly in situations where the first user expressed a positive preference indication regarding the second user, but the second user had 108 Bumble's Exhibit No. 1002 IPR2019-00842 Page 114 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 not yet expressed interest in the first user, since Figure 3 discloses that this would occur. 202. Further Combination with Wernick: Although Chang discloses this limitation as discussed above, this limitation is further disclosed in combination with Wernick. As discussed above with respect to claim element 1[e], Wernick discloses a graphical user interface in which "swiping gestures may be used to select an object and move it in a particular direction." (Wernick, 10:8-10.) The objects in Wernick are displayed as a stack of cards, as shown in Figure 7. (Wernick, Fig. 7.) These objects are shown one at a time. (Wernick, 8:67-9:5.) Figure 7 shows that as a user swipes an object and moves it in a particular direction, the next object card is automatically shown. (Wernick, Fig. 7.) "The user moves an object from the top of the stack down 720, 721, to save/select it, or flings it to the side 730, 732 to reject it. Screen 730 shows how an object may be 'flung' off the screen to reject it and present the next object." (Wernick, 10:45-49.) A person of ordinary skill in the art looking at Figure 7, would understand that the "next object" would also be "present[ed]" when an image was selected as shown in Figure 7 at 720. (Wernick, 10:45-49, Fig. 7.) 203. Wernick employs a visual metaphor of a "stack of images" (Wernick, 10:26) and the user "sorts screen objects 711 using gestures 721, 732." (Wernick, 109 Bumble's Exhibit No. 1002 IPR2019-00842 Page 115 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 10:21.) This metaphor is further supported by the appearance of the cards, with slightly skewed corners, to give a three dimensional affect and create the appearance of a stack. Especially in light of this metaphor, one would naturally understand that once the top card was sorted away by swiping into the "more" or "not interested" directions, that the next card in the stack would be visible. The user would not need to click a button or some other control to make it appear, but it would simply appear automatically, without further human intervention, when the user acted upon the top image. 204. Rationale and Motivation to Combine: As discussed above with respect to claim element 1[e], a person of ordinary skill in the art would have been motivated to combine Wernick with Chang and Norena and would understand that the cards or objects in Wernick would correspond to the claimed "first potential match" and "second potential match" as disclosed in Chang or the matches disclosed in Norena. 205. Given that the user in Wernick is sorting through a number of options, with a goal of finding activities sympathetic to the personal interests thereby expressed, one would have been motivated to use the same smooth sorting gestures in converting Chang and/or Norena to a phone-based user interface. Each of the Wernick images correspond to an activity which may be matched, exactly as the 110 Bumble's Exhibit No. 1002 IPR2019-00842 Page 116 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 images in Chang and/or Norena correspond to a person who may be matched. 206. As the graphics shown in Wernick emphasize the stack or pile of choices, with other options clearly available once the top image is moved, one would readily be motivated to use the same technique to sort through images of a first choice and subsequent choice individuals for potential dates. 207. It would have been obvious to a person of ordinary skill in the art to combine the graphical user interface in Wernick, with the online dating systems disclosed in Chang and Norena predictably resulting in an online dating system where choices regarding interest in another user were made using the swiping gesture disclosed in Wernick to automatically cause the graphical user interface to display the profile of the next selected candidate member. 208. The same rationale and motivation to combine discussed above with respect to claim element 1[e] applies equally to claim element 1[f]. In addition, a person of ordinary skill would have been further motivated to combine Chang and Wernick with respect to claim element 1[f] because like the card-based interface disclosed in Wernick, Chang discloses that potential matches (selected candidate members) are represented graphically on a card. (Chang, Fig. 7.) Because the graphical representation of matches disclosed in Chang resembles an index card, a person of ordinary skill in the art looking to implement Chang on a mobile-device 111 Bumble's Exhibit No. 1002 IPR2019-00842 Page 117 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 friendly interface would have been motivated to combine the teachings of Chang with references like Wernick, which disclose a card-based interface where items, such as a potential match, a potential activity or a friend to invite to a party are represented on cards. 209. In addition, Chang teaches that multiple profiles may be shown to the first user, when a match is not immediately shown. (Chang, Fig. 7, ¶ 0034.) Wernick also discloses a method of showing a second option after an opinion is expressed regarding a first option. Specifically, as discussed above, after a user expresses an opinion by using a swiping gesture on one activity card, a second activity card is automatically shown. A person of ordinary skill would recognize this similarity and be motivated to combine the graphical user interface teachings of Wernick with the online dating disclosures disclosed in Chang, particularly in light of the rapid rise of mobile dating apps as discussed above with respect to claim element 1[e]. 210. Alternative Further Combination with Morris: Although Chang discloses this limitation as discussed above, this limitation is further disclosed in combination with Morris. Like Wernick, Morris employs a visual metaphor of a stack of images. (Morris, ¶¶ 0026-0027, 0032, 0039, Fig. 6). That Morris employs a visual metaphor of a "stack" of images or cards can be readily seen in Figure 6, element 623. It would be entirely consistent with this visual metaphor that if the top 112 Bumble's Exhibit No. 1002 IPR2019-00842 Page 118 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 card were moved, slid, swiped, or dealt from the deck of images, that the next card or image would become visible. In the functional context of Morris, this next image would represent another choice about which the user could then express a preference. 211. Morris discloses that "[w]hen the top image 680 is moved off of the stack 623, the next image [ ] becomes the top image and can be similarly manipulated." (Morris, ¶ 0040.) "A user of a handheld communications device 110 navigates this stack by moving the images among the plurality of images from the top of the stack to see other images." (Morris, ¶ 0032.) Accordingly, Morris discloses that the user would not need to click a button or some other control to make it appear, but it would simply appear automatically, without further human intervention, when the user acted upon the top image. 212. A person of ordinary skill in the art would understand that displaying the "next image" when the "top image" is "moved off the stack" corresponds to "automatically causing the graphical user interface to display a [second] graphical representation" "in response to determining that the first user expressed the positive preference indication regarding the first potential match" "instead of the [first] graphical representation." 213. As discussed above with respect to claim element 1[e] a person of 113 Bumble's Exhibit No. 1002 IPR2019-00842 Page 119 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 ordinary skill in the art would have been motivated to combine Morris with Chang and/or Norena and would understand that the images in Morris would correspond to the claimed "first potential match" and "second potential match" as disclosed in Chang or the matches disclosed in Norena. 214. Rationale and Motivation to Combine: It would have been obvious to a person of ordinary skill in the art to combine the graphical user interface in Morris, with the online dating system disclosed in Chang (as modified by Norena) predictably resulting in an online dating system where choices regarding interest in another user were made using the gesture disclosed in Morris to automatically cause the graphical user interface to display the profile of the next selected candidate member. 215. The same rationale and motivation to combine Chang and/or Norena with Morris discussed above with respect to claim element 1[e] applies equally to claim element 1[f]. In addition, just as discussed above with respect to Wernick, a person of ordinary skill would have been further motivated to combine Chang (as modified by Norena) and Morris with respect to claim element 1[f] because like the card-stack interface disclosed in Morris, Chang discloses that potential matches (selected candidate members) are represented graphically on a card. (Chang, Fig. 7; Morris, Fig. 6, ¶ 0026.) Because the graphical representation of matches disclosed 114 Bumble's Exhibit No. 1002 IPR2019-00842 Page 120 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in Chang resembles an index card, a person of ordinary skill in the art looking to implement Chang on a mobile-device friendly interface would have been motivated to combine the teachings of Chang (as modified by Norena) with references like Morris, which disclose a card-based interface where items are represented on cards. 216. In addition, Chang teaches that multiple profiles may be shown to the first user, when a match is not immediately shown. (Chang, Fig. 7, ¶ 0034.) Morris also discloses a method of showing a second option after an opinion is expressed regarding a first option. As discussed above, when an image is moved from stack a user can see the next image. (Morris, ¶¶ 0032, 0040.) A person of ordinary skill would recognize this similarity and be motivated to combine the graphical user interface teachings of Morris with the online dating disclosures disclosed in Chang (as modified by Norena), particularly in light of the rapid rise of mobile dating apps as discussed above with respect to claim element 1[e]. (g) "determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match;" (Claim 1[g]) 217. Chang discloses that "[i]f user 91 (corresponding to the claimed first user) selects yes, the matching module 2 receives the corresponding instruction and notifies user 92 (corresponding to the claimed second user) that someone is 115 Bumble's Exhibit No. 1002 IPR2019-00842 Page 121 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 interested in her." (Chang, ¶ 0034.) Chang discloses "receiv[ing] the reply of user 92 (corresponding second user) that shows she is also interested in the user 91 (corresponding to the first user)". The reply of the user 92 that she is also interested in user 91 corresponds to the second user "expressing a positive preference indication." This step corresponds to the claim element 1[g]: "determining that the second user has expressed a positive preference indication regarding the first user after determining that the first user expressed the positive preference indication regarding the first potential match." ('811, 25:14-19; see also Chang, ¶ 0034.) The "determining" is done by the computer system disclosed in Chang. (h) "determining to enable initial communication between the first user and the second user in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user;" (Claim 1[h]) 218. Once the system disclosed in Chang determines that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed positive preference indication regarding the first user, Chang discloses enabling initial communication between the first user and the second user. (Chang, ¶¶ 0021-0023, 0035-0039, Figs. 2, 3.) This is illustrated by steps S34A and S4 outlined in red in Figure 3 and steps S4, S5A and S5B outlined 116 Bumble's Exhibit No. 1002 IPR2019-00842 Page 122 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in red in Figure 2 below. 117 Bumble's Exhibit No. 1002 IPR2019-00842 Page 123 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 219. At step S34A in Figure 3, the Chang system discloses determining whether the user and the selected candidate member are mutually interested. (Chang, Fig. 3.) Where the answer to this inquiry is "Yes", this corresponds to the claimed step of "determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed positive preference indication regarding the first user." (Chang, Fig. 3.) In response 118 Bumble's Exhibit No. 1002 IPR2019-00842 Page 124 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 to this determination, the method disclosed in Figures 2 and 3 of Chang proceeds to steps S35, S4 and S5A and S5B outlined in red in Figures 2 and 3 above, which corresponds to the claimed "determining to enable initial communication between the first user and the second user." (Chang, Figs. 2, 3.) 220. If the other matched user is interested in the first user, i.e., the "yes" branch out of state S34A in Figure 3, the system records this fact (as it must track, for each user, with whom there is agreed upon mutual interest) at step S35, and then provides a menu where by the first user can communicate with the second user, by (at least) asking multiple suitability questions. This is shown in Figure 9. At this point "The interaction module 3 receives the selected marriage suitability question and the user's 91 response, and sends the selected marriage suitability question to the user 92" (Chang, ¶ 0037), thereby enabling initial communication between the two users. 221. The actual point in the process wherein Chang "determines to enable" is the Yes branch out of state 34A, the other steps follow in sequence. Note that this is also shown in Figure 8, which shows a list of the potential matches, with options to communicate with any of them by asking a question. 222. At step S35, the system records the name of the mutually interested candidate in the matching database of the user. (Chang, Fig. 3, ¶ 0035.) Once this 119 Bumble's Exhibit No. 1002 IPR2019-00842 Page 125 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 is recorded, the user is able to advance to steps S4, S5A and S5B where initial communication is enabled through marriage suitability questions. (Chang, Figs. 2, 3, ¶¶ 0036-0038.) 223. At step S4, Chang discloses providing a menu for selecting marriage suitability questions and responses. (Chang, Figs. 2, 3, ¶ 0036.) Figures 8 and 9 of Chang provide additional disclosure of how initial communication is enabled through providing this menu. (Chang, Figs. 8, 9, ¶¶ 0036-0037.) At Step 5a, "when the user intends to ask the user 92 a question, he selects the option to 'ask her a question'" as shown in Figure 8. (Chang, ¶ 0037.) 224. "As shown in Figure 9, a menu is presented with a plurality of questions and possible replies, which permits the user 91 to select the marriage 120 Bumble's Exhibit No. 1002 IPR2019-00842 Page 126 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 suitability question to ask the user 92 and to enter his own reply to the same marriage suitability question." (Chang, ¶ 0037; see also Chang, Fig. 9.) 225. Chang discloses that the marriage suitability question and user 91's (the first user's) response is sent to user 92 (the second user), enabling initial communication between them. (Chang, ¶ 0037 ("The interaction module 3 receives the selected marriage suitability question and the user's 91 response, and sends the selected marriage suitability question to the user 92.").) User 92 (the second user) can read and respond to user 91's (the first user's) questions. (Chang, ¶ 0038 ("the user 92 is logged into the system 100, the system 100 provides the user 92 with marriage suitability question selected by the interested member (e.g. user 91.").) 121 Bumble's Exhibit No. 1002 IPR2019-00842 Page 127 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 User 91 (the first user) is notified of user 92's (the second user's) reply and after points are deducted from user 91's account, user 91 (the first user) and user 92 (the second user) can see each other's replies. (Chang, ¶¶ 0038-0039.) Chang's disclosure of user 91 (the first user) and user 92's (the second user's) initial communication through marriage suitability questions after mutual interest is determined discloses claim element 1[h]. (i) "in response to determining to enable initial communication between the first user and the second user, causing the graphical user interface to display to the first user the graphical representation of the first potential match;" (Claim 1[i]) 226. When Chang's system has determined, in state S34A on the Yes branch, to enable communication between the parties, this must be displayed to the first user, hence step S4, "provide menu for selecting marriage suitability questions and responses". As just mentioned, this is shown in Figure 9. Recall that the determining is a process whereby user 1 is matched with user 2 and expresses an interest in user 2, and user 2 expresses an interest in user 1 in response. 227. Figure 9 is a graphical representation of the second user, within a graphical user interface. This is in response to the "determining to enable communication" as the display shown in Figure 8 follows direction from step S4. Specifically, if user 2 expresses positive interest, user 2 will be added to the display 122 Bumble's Exhibit No. 1002 IPR2019-00842 Page 128 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in Figure 8, with the "ask a question" box available, as the system has at that point determined to enable communication, which would be started by clicking the "ask a question" button. 228. Note that in the process of enabling communication, the system in Chang deducts some "points" from a point balance for each user. This is part of the Chang revenue model, and also enforces that the user will be serious and not simply select every possible match. 229. When the system disclosed in Chang determines to enable initial communication between the first user and the second user, Chang discloses that the graphical user interface displays to the first user the graphical representation of the first potential match. (Chang, ¶¶ 0021-0022, 0036, Fig. 8.) Specifically, Chang discloses that "[u]pon receipt of an indication of the target member's interest in further interaction, the matching module 2 records the target member in the matching file of the user 91, and instructs the interaction module 3 to provide an interaction interface to the user 91." (Chang, ¶ 0021.) 230. Figure 8 shows an example of an interaction interface that appears on the first user's graphical user interface. (Chang, ¶¶ 0021-22, 0036, Fig. 8.) Figure 8 includes a graphical representation of the first potential match (e.g., Ms. Wong) as shown and corresponds to the claimed "graphical user interface to display to the first 123 Bumble's Exhibit No. 1002 IPR2019-00842 Page 129 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 user the graphical representation of the first potential match." (Chang, Fig. 8.) 231. Figure 9 is also a graphical representation of the second user, within a graphical user interface. This is in response to the "determining to enable communication" as the display shown in Figure 8 follows direction from step S4. Specifically, if user 2 expresses positive interest, user 2 will be added to the display in Fig 8, with the "ask a question" box available, as the system has at that point determined to enable communication, which would be started by clicking the "ask a question" button. Accordingly, Chang discloses claim element 1[i]. (j) "determining that the first user expressed a negative preference indication regarding a third potential match of the set of potential matches at least by determining that the first user performed a second swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the second swiping gesture different than the first swiping gesture, the third potential match corresponding to a third user;" (Claim 1[j]) 232. Chang discloses determining that the first user expressed a negative preference indication regarding a third potential match of the set of potential matches. At Step S34 shown in Figure 3 and Figure 7, basic data of a selected candidate (corresponding to the claimed potential match) is shown with a "YES/NO option for the user 91 to indicate interest in the" the potential match. (Chang, Figs. 3, 7, ¶ 0034.) Chang therefore discloses that a first user (such as user 91 in Chang) 124 Bumble's Exhibit No. 1002 IPR2019-00842 Page 130 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 can express a negative preference indication (a no selection) regarding a potential match. 233. A person of ordinary skill in the art would understand that the method disclosed in Figure 3 could be repeated, so that a first user could first select "yes" for a second user, and then select "no" for a third user. It would have been understood that the process of confirming or denying interest in possible matches would continue as long as there were still possible matches available. For example, Figure 6, which shows a list of candidate members, which are possible matches a user may view and indicate interest or lack of interest, shows three potential candidate members. (Chang, Fig. 6, ¶ 0033.) This would indicate to a person of ordinary skill in the art that the process disclosed in Figure 3 of Chang could be repeated with a number of candidate members. 234. As shown in Figure 7, the first user is shown some detailed information about one of the possible matches, which would be in response to selecting that candidate, and then the user can click "yes" or "no". In the event that the user clicks "no", the system does not cease operation, but rather would show a display similar to Figure 6 but with another possible match shown graphically, if one were available. 235. Further Combination with Wernick: Wernick discloses determining that a user expressed a negative preference indication by determining that a user 125 Bumble's Exhibit No. 1002 IPR2019-00842 Page 131 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 performed a second swiping gesture, the second swiping gesture different from the first gesture. (Wernick, 9:64-10:49, Fig. 7.) Wernick discloses second swiping gesture associated with a negative preference indication (Wernick, Fig. 7, 10:45-49.) 236. As shown in Figure 7 of Wernick "[t]he user. . . flings [an object] to the side 730, 732 to reject it. Screen 730 shows how an object may be 'flung' off the screen to reject it and present the next object." (Wernick, Fig. 7, 10:40-49.) This second swiping gesture for "rejecting" or expressing a negative preference indication is different from the first gesture, which as discussed with respect to claim element 1[e] above is shown at interface 720 of Figure 7 of Wernick and involves a user swip[ing] down to "select[]" or "signal interest". (Wernick, Fig. 7.) 237. Rationale and Motivation to Combine: The rationale and motivation 126 Bumble's Exhibit No. 1002 IPR2019-00842 Page 132 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 to combine Chang and Wernick with respect to this limitation is the same as the rationale and motivation to combine Chang and Wernick with respect to claim element 1[e] discussed above. 238. Alternative Further Combination with Morris: Morris discloses determining that a user expressed a negative preference indication by determining that a user performed a second swiping gesture, the second swiping gesture different from the first gesture. (Morris, ¶¶ 0038, 0039, Fig. 6.) 239. As shown in Figure 6 of Morris "image 680 can be 'dragged' . . . to 127 Bumble's Exhibit No. 1002 IPR2019-00842 Page 133 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 trash icon 621 to be erased." (Morris, ¶ 0039; Fig. 6.) A person of ordinary skill would understand that dragging an image to the trash would correspond to a negative preference indication. Moving an image to the trash icon "may delete the image from handheld communication device 610's memory, remove image from stack 623, etc." (Morris, ¶ 0039.) 240. As discussed above, a person of ordinary skill in the art would understand dragging or sliding to be synonymous with "swiping" in the context of Morris, or would at least render this claim limitation obvious given that swiping was ubiquitous at this time. Morris dragging or sliding an image to the trash as disclosed in Morris corresponds to a second swiping gesture associated with a negative preference indication (Morris, ¶¶ 0038, 0039, Fig. 6.) 241. This second swiping gesture for placing an item in the trash or expressing a negative preference indication is different than the first gesture, which as discussed with respect to claim element 1[e] above is sliding the image to the star to add it to "favorites". (Morris, ¶ 0039, Fig. 6.) 242. Rationale and Motivation to Combine: The rationale and motivation to combine Chang and Morris with respect to this limitation is the same as the rationale and motivation to combine Chang and Morris with respect to claim element 1[e] discussed above. 128 Bumble's Exhibit No. 1002 IPR2019-00842 Page 134 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 243. Alternative Combination with Morris and Kulas: As discussed above, claim element 1[j] requires "determining that the first user expressed a negative preference indication regarding a third potential match of the set of potential matches at least by determining that the first user performed a second swiping gesture associated with a graphical representation of the third potential match on the graphical user interface, the second swiping gesture different than the first swiping gesture, the third potential match corresponding to a third user" 244. As discussed, Chang, Norena and Morris disclose this limitation. Additionally, Kulas explicitly discloses using a second swiping gesture to express a negative preference indication. Specifically, Kulas discloses that a "user may swipe their finger downward to indicate disapproval, or upward to indicate approval." (Kulas, ¶ 0027.) 245. As discussed above, Kulas discloses a way to allow a user viewing online content to express like or dislike sentiments in the context of a conventional browser user interface. This is done by adding the sensing of a swipe gesture around buttons and places a user may also touch on a web browser. "For example, a user can select a button on a touch screen of a mobile device by pushing on the button. Just after the button press the user may swipe their finger downward to indicate disapproval, or upward to indicate approval." (Kulas, ¶ 0027.) 129 Bumble's Exhibit No. 1002 IPR2019-00842 Page 135 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 246. Rationale and Motivation to Combine: The rationale and motivation to combine Chang, Morris and Kulas with respect to this limitation is the same as the rationale and motivation to combine Chang, Morris, and Kulas with respect to claim element 1[e] discussed above. (k) "preventing communication between the first user and the third user after to determining that the first user has expressed the negative preference indication regarding the third user;" (Claim 1[k]) 247. As discussed above with respect to claim element 1[j], Chang discloses determining that the first user expressing a negative preference indication regarding a third user. Chang also discloses preventing communication between the first user and the third user after this determination. 248. Figure 3 shows that if the user and the selected candidate member are not mutually interested, the system disclosed in Chang will not display the marriage suitability questions interfaces shown in Figures 8 and 9 and discussed with respect to claim element 1[h] above. (Chang, Figs. 3, 8, 9, ¶ 0034.) Rather, as shown in Figure 3, "[i]f the user 91 selects NO and another selected matched candidate exists, the basic data of the next one of the selected matched candidates is shown." (Chang, Fig. 3, ¶ 0034.) Without proceeding to steps S35, S4, S5A and S5B (which Chang discloses can only occur where two users are mutually interested) communication between two members is prevented. Accordingly, Chang discloses claim element 130 Bumble's Exhibit No. 1002 IPR2019-00842 Page 136 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 1[k]. (l) "determining that the first user expressed a positive preference indication regarding a fourth potential match of the set of potential matches at least by determining that the first user performed the first swiping gesture associated with a graphical representation of the fourth potential match on the graphical user interface, the fourth potential match corresponding to a fourth user; and;" (Claim 1[l]) 249. Chang discloses "determining that the first user expressed a positive preference indication regarding the fourth potential match". As shown in Figure 3 and Figure 7 at Step S34, the dialogue box that displays "basic data of the selected member" includes "a YES/NO option for the user 91 to indicate interest in" a selected candidate member. (Chang, ¶ 0034, Figs. 3, 7.) User 91 corresponds to the claimed first user and the "yes" option corresponds to the claimed "positive preference indication". Chang discloses user 91 performing this "yes or no" step with respect to multiple potential matches. Chang discloses that when "the user 91 selects NO and another selected matched candidate exists, the basic data of the next one of the selected matched candidates is shown" and the mutual interest determination is repeated. (Chang, Fig. 3, ¶ 0034.) Chang, therefore discloses a first user expressing "positive preference indication regarding a fourth potential match." 250. In addition, as discussed above with respect to claim element 1[j], Figure 6, which shows names of candidate members a user may view and indicate 131 Bumble's Exhibit No. 1002 IPR2019-00842 Page 137 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 interest or lack of interest, shows three potential candidate members, the third potential candidate member would correspond to the claimed fourth potential match/ fourth potential user. (Chang, Fig. 6, ¶ 0033.) This would indicate to a person of ordinary skill in the art that the process disclosed in Figure 3 of Chang would be repeated with a number of candidate members. 251. Further Combination with Wernick: As discussed above with respect to claim element 1[e], Wernick discloses determining that a user expressed a positive preference indication by determining that a user performed a first swiping gesture associated with a graphical representation. Specifically, as discussed above, Wernick discloses swiping down to "like" something or "signal interests." (Wernick, 10:10-11, Fig. 7.) This swiping gesture disclosed in Wernick corresponds to the claimed "determining that the first user expressed a positive preference indication. . . . at least by determining that the first user performed the first swiping gesture associated with a graphical representation." 252. Rationale and Motivation to Combine: The rationale and motivation to combine Chang and Wernick with respect to this limitation is the same as the rationale and motivation to combine Chang and Wernick with respect to claim element 1[e] discussed above. 253. Alternative Further Combination with Morris: As discussed above 132 Bumble's Exhibit No. 1002 IPR2019-00842 Page 138 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 with respect to claim element 1[e], Morris discloses determining that a user expressed a positive preference indication by determining that a user performed a first swiping gesture associated with a graphical representation. Specifically, Morris discloses a sliding an image to the star icon on the right to indicate it is a "favorite". (Morris, ¶¶ 0038, 0039, Fig. 6.) This gesture disclosed in Morris corresponds to the claimed "determining that the first user expressed a positive preference indication. . . . at least by determining that the first user performed the first swiping gesture associated with a graphical representation." 254. Rationale and Motivation to Combine: The rationale and motivation to combine Chang and Morris with respect to this limitation is the same as the rationale and motivation to combine Chang and Morris with respect to claim element 1[e] discussed above. 255. Alternative Combination with Morris and Kulas: As discussed above, claim element 1[l] requires "determining that the first user expressed a positive preference indication regarding a fourth potential match of the set of potential matches at least by determining that the first user performed the first swiping gesture associated with a graphical representation of the fourth potential match on the graphical user interface, the fourth potential match corresponding to a fourth user." As discussed above, Chang, Norena and Morris disclose this limitation. 133 Bumble's Exhibit No. 1002 IPR2019-00842 Page 139 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Additionally, Kulas explicitly discloses using a swiping gesture to express a positive preference indication. Specifically, Kulas discloses that a "user may swipe their finger. . . upward to indicate approval." (Kulas, ¶ 0027.) 256. Rationale and Motivation to Combine: The rationale and motivation to combine Chang, Morris and Kulas with respect to this limitation is the same as the rationale and motivation to combine Kulas with Chang and Morris with respect to claim element 1[e] discussed above. (m) "preventing communication between the first user and the fourth user after determining that the fourth user has expressed a negative preference indication regarding the first user;" (Claim 1[m] 257. As discussed above with respect to claim element 1[l], Chang discloses a situation where a first user expresses a positive preference indication regarding a fourth user. Chang discloses that after the first user selects "Yes" the matching module 2 will determine whether the selected candidate member (e.g., the fourth user) is also interested. (Chang, Fig. 3, ¶ 0034.) Chang states "If the user 91 selects YES, the matching module 2 receives the corresponding instruction and notifies the user 92 that someone is interested in her. If the matching module 2 receives the reply of the user 92 that shows she is also interested in the user 91, the process flow goes to step S35. If the user 91 selects NO and another selected matched candidate exists, the basic data of the next one of the selected matched candidates is shown." 134 Bumble's Exhibit No. 1002 IPR2019-00842 Page 140 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 (Chang, ¶ 0034.) Note that the other user has to indicate that she is interested in the first user. Although not shown, one would understand that the same interface and program logic would apply to all users, so the other user would also have been given the explicit choice of "yes" or "no", so the other user could choose "no", i.e., lack of interest in establishing communication with the first user. Chang therefore discloses determining that a fourth user can express a negative preference indication regarding the first user. 258. Chang also discloses preventing communication between the first user and the fourth user after this determining that the fourth user has expressed a negative preference. Figure 3 shows that if the user and the selected candidate member are not mutually interested (e.g., if the fourth user expresses a negative preference indication regarding the first user), the system disclosed in Chang will not display the marriage suitability questions interfaces shown in Figures 8 and 9 and discussed with respect to claim element 1[h] above. (Chang, Figs. 3, 8, 9, ¶ 0034.) Without proceeding to steps S35, S4, S5A and S5B (which Chang discloses can only occur where two users are mutually interested) communication between two members is prevented. Accordingly, Chang discloses claim element 1[m]. 259. For the reasons stated above, therefore, claim 1 is obvious over (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, 135 Bumble's Exhibit No. 1002 IPR2019-00842 Page 141 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and (3) Chang, in view of Norena, Morris, and Kulas. 2. Claim 4 260. As shown in the chart below, claim 4 is similar to claim 1 (underlining added to indicate identical language): Claim 1 Claim 4 [1] A computer implemented method [4] A non-transitory computer-readable of profile matching, comprising: medium comprising instructions that, when executed by a processor, are configured to: [1a] electronically receiving a plurality [4a] electronically receive a plurality of of user online-dating profiles, each user online-dating profiles, each profile profile comprising traits of a respective comprising traits of a respective user user and associated with a social and associated with a social networking networking platform; platform; [1b] electronically receiving a first [4b] electronically receive a first request for matching, the first request request for matching, the first request electronically submitted by a first user electronically submitted by a first user using a first electronic device; using a first electronic device; [1c] determining a set of potential [4c] determine a set of potential matches from the plurality of user matches from the plurality of user online-dating profiles for the first user online dating profiles for the first user in response to receiving the first in response to receiving the first request; request; [1d] causing the display of a graphical [4d] cause the display of a graphical representation of a first potential match representation of a first potential match of the set of potential matches to the of the set of potential matches to the first user on a graphical user interface first user on a graphical user interface of the first electronic device, the first of the first electronic device, the first potential match corresponding to a potential match corresponding to a second user; second user; [1e] determining that the first user [4e] determine that the first user expressed a positive preference expressed a positive preference indication regarding the first potential indication regarding the first potential match at least by determining that the match at least by determining that the 136 Bumble's Exhibit No. 1002 IPR2019-00842 Page 142 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 first user performed a first swiping first user performed a first swiping gesture associated with the graphical gesture associated with the graphical representation of the first potential representation of the first potential match on the graphical user interface; match on the graphical user interface; [1f] in response to determining that the [4f] in response to the determination first user expressed the positive that the first user expressed the positive preference indication regarding the first preference indication regarding the first potential match, automatically causing potential match, automatically cause the graphical user interface to display a the graphical user interface to display a graphical representation of a second graphical representation of a second potential match of the set of potential potential match of the set of potential matches instead of the graphical matches instead of the graphical representation of the first potential representation of the first potential match; match; [1g] determining that the second user [4g] determine that the second user has has expressed a positive preference expressed a positive preference indication regarding the first user after indication regarding the first user after determining that the first user determining that the first user expressed the positive preference expressed the positive preference indication regarding the first potential indication regarding the first potential match; match; [1h] determining to enable initial [4h] determine to enable initial communication between the first user communication between the first user and the second user in response to and the second user in response to the determining that both the first user has determination that both the first user expressed the positive preference has expressed the positive preference indication regarding the second user indication regarding the second user and the second user has expressed the and the second user has expressed the positive preference indication positive preference indication regarding the first user; regarding the first user; [1i] in response to determining to [4i] in response to the determination to enable initial communication between enable initial communication between the first user and the second user, the first user and the second user, cause causing the graphical user interface to the graphical user interface to display display to the first user the graphical to the first user the graphical 137 Bumble's Exhibit No. 1002 IPR2019-00842 Page 143 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 representation of the first potential representation of the first potential match; match; [1j] determining that the first user [4j] determine that the first user expressed a negative preference expressed a negative preference indication regarding a third potential indication regarding a third potential match of the set of potential matches at match of the set of potential matches at least by determining that the first user least by determining that the first user performed a second swiping gesture performed a second swiping gesture associated with a graphical associated with a graphical representation of the third potential representation of the third potential match on the graphical user interface, match on the graphical user interface, the second swiping gesture different the second swiping gesture different than the first swiping gesture, the third than the first swiping gesture, the third potential match corresponding to a potential match corresponding to a third user; third user; [1k] preventing communication [4k] prevent communication between between the first user and the third user the first user and the third user after after determining that the first user has determining that the first user has expressed the negative preference expressed the negative preference indication regarding the third user; indication regarding the third user; [1l] determining that the first user [4l] determine that the first user expressed a positive preference expressed a positive preference indication regarding a fourth potential indication regarding a fourth potential match of the set of potential matches at match of the set of potential matches at least by determining that the first user least by determining that the first user performed the first swiping gesture performed the first swiping gesture associated with a graphical associated with a graphical representation of the fourth potential representation of the fourth potential match on the graphical user interface, match on the graphical user interface, the fourth potential match the fourth potential match corresponding to a fourth user; and corresponding to a fourth user; and [1m] preventing communication [4m] prevent communication between between the first user and the fourth the first user and the fourth user after user after determining that the fourth determining that the fourth user has user has expressed a negative expressed a negative preference indication regarding the first user. 138 Bumble's Exhibit No. 1002 IPR2019-00842 Page 144 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 preference indication regarding the first user. 261. Independent claim 4 merely recites a "non-transitory computer- readable medium comprising instructions that, when executed by a processor, are configured to" perform to steps corresponding to the steps in method claim 1. The recitation of "non-transitory computer-readable medium comprising instructions that, when executed by a processor, are configured to" provide no meaningful limitation. The methods disclosed in Chang, Norena, and Wernick are all implemented in respective computer-based systems that a person of ordinary skill in the art would understand to necessarily include non-transitory computer-readable medium comprising instructions that would be executed by a processor. 262. The steps described in claim 1 of the '811 patent are logic that is implemented in the server portion of Chang. The clients are simply web browsers. The server would certainly be a computer, as it would have to communicate over computer networks with web browsers, and it would be a computer running web server software. The web server software would be stored in files, such as html files referencing the program steps described in Chang in order to provide the user interaction in response to various user inputs on the web pages served by the Chang servers 263. As such, these instructions would be stored on a non-transitory medium 139 Bumble's Exhibit No. 1002 IPR2019-00842 Page 145 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 such as a computer disk. Otherwise, if the server crashed for any reason or lost power, the Chang system would cease to operate until it was reprogrammed from scratch. Of course it is well known that web servers store their program information as web page files on a computer disk, which is non-transitory, i.e., even when the disk loses power, the data stored thereon is maintained. 264. For the reasons stated for claim 1, therefore, claim 4 is obvious over (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, and (3) Chang, in view of Norena, Morris, and Kulas. 3. Claim 7 265. As shown in the chart below, claim 7 is similar to claim 1 (underlining added to indicate identical language): Claim 1 Claim 7 [1] A computer implemented method [7] A system for profile matching, of profile matching, comprising: comprising an interface operable to: [1a] electronically receiving a plurality [7a] electronically receive a plurality of of user online-dating profiles, each user online-dating profiles, each profile profile comprising traits of a respective comprising traits of a respective user user and associated with a social associated with a social networking networking platform; platform; [1b] electronically receiving a first [7b] electronically receive a first request for matching, the first request request for matching, the first request electronically submitted by a first user electronically submitted by a first user using a first electronic device; using a first electronic device; and [1c] determining a set of potential [7c] a processor coupled to the matches from the plurality of user interface and operable to: online-dating profiles for the first user determine a set of potential matches from the plurality of user online-dating 140 Bumble's Exhibit No. 1002 IPR2019-00842 Page 146 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 in response to receiving the first profiles for the first user in response to request; receiving the first request; [1d] causing the display of a graphical [7d] cause the interface to display a representation of a first potential match graphical representation of a first of the set of potential matches to the potential match of the set of potential first user on a graphical user interface matches to the first user on a graphical of the first electronic device, the first user interface of the first electronic potential match corresponding to a device, the first potential match second user;] corresponding to a second user; [1e] determining that the first user [7e] determine that the interface has expressed a positive preference received a positive preference indication regarding the first potential indication from the first user regarding match at least by determining that the the first potential match at least by first user performed a first swiping determining that the first user gesture associated with the graphical performed a first swiping gesture representation of the first potential associated with the graphical match on the graphical user interface; representation of the first potential match on the graphical user interface; [1f] in response to determining that the [7f] automatically cause the interface to first user expressed the positive remove the presentation of the first preference indication regarding the first potential match from the graphical user potential match, automatically causing interface in response to detecting the the graphical user interface to display a gesture and cause the interface to graphical representation of a second present, on the graphical user interface, potential match of the set of potential a second potential match of the set of matches instead of the graphical potential matches to the first user; representation of the first potential match; [1g] determining that the second user [7g] determine that the second user has has expressed a positive preference expressed a positive preference indication regarding the first user after indication regarding the first user after determining that the first user determining that the first user expressed the positive preference expressed the positive preference indication regarding the first potential indication regarding the first potential match; match; and [1h] determining to enable initial [7h] determine to enable initial communication between the first user communication between the first user 141 Bumble's Exhibit No. 1002 IPR2019-00842 Page 147 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and the second user in response to and the second user in response to the determining that both the first user has determination that both the first user expressed the positive preference has expressed the positive preference indication regarding the second user indication regarding the second user and the second user has expressed the and the second user has expressed the positive preference indication positive preference indication regarding the first user; regarding the first user; [1i] in response to determining to [7i] in response to the determination to enable initial communication between enable initial communication between the first user and the second user, the first user and the second user, cause causing the graphical user interface to the graphical user interface to display display to the first user the graphical to the first user the graphical representation of the first potential representation of the first potential match; match; [1j] determining that the first user [7j] determine that the first user expressed a negative preference expressed a negative preference indication regarding a third potential indication regarding a third potential match of the set of potential matches at match of the set of potential matches at least by determining that the first user least by determining that the first user performed a second swiping gesture performed a second swiping gesture associated with a graphical associated with a graphical representation of the third potential representation of the third potential match on the graphical user interface, match on the graphical user interface, the second swiping gesture different the second swiping gesture different than the first swiping gesture, the third than the first swiping gesture, the third potential match corresponding to a potential match corresponding to a third user; third user; [1k] preventing communication [7k] prevent communication between between the first user and the third user the first user and the third user after after determining that the first user has determining that the first user has expressed the negative preference expressed the negative preference indication regarding the third user; indication regarding the third user; [1l] determining that the first user [7l] determine that the first user expressed a positive preference expressed a positive preference indication regarding a fourth potential indication regarding a fourth potential match of the set of potential matches at match of the set of potential matches at least by determining that the first user least by determining that the first user 142 Bumble's Exhibit No. 1002 IPR2019-00842 Page 148 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 performed the first swiping gesture performed the first swiping gesture associated with a graphical associated with a graphical representation of the fourth potential representation of the fourth potential match on the graphical user interface, match on the graphical user interface, the fourth potential match the fourth potential match corresponding to a fourth user; and corresponding to a fourth user; and [1m] preventing communication [7m] prevent communication between between the first user and the fourth the first user and the fourth user after to user after determining that the fourth determining that the fourth user has user has expressed a negative expressed a negative preference preference indication regarding the first indication regarding the first user. user. 266. For the most part, independent claim 7 merely recites a "system" corresponding to method claim 1, having an "interface" and a "processor coupled to the interface" "operable to" perform to steps corresponding to the steps in method claim 1. 267. The recitation of "a system", "an interface operable to," and a "processor coupled to the interface operable to provide no meaningful limitation. The methods disclosed in Chang, Norena, and Wernick are all implemented in a computer-based system that include a server and user devices that include interfaces and necessarily include processors. (Chang, Figs. 1, 4-10, ¶ 0017; Wernick; Figs. 1, 7, 18, 2:56-64, 7:30-41, 22:18-23:18; Norena, Figs. 2-4, ¶¶ 0019, 0031, 0042.) 268. Chang, Norena, and Wernick are all "systems", in that they have multiple components (servers, phones, browsers, databases, matching algorithms, for example) that work in concert to achieve the desired results. They all have 143 Bumble's Exhibit No. 1002 IPR2019-00842 Page 149 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 interfaces, i.e., user interfaces, because that is how the users interact with the underlying system, to enter personal information and express preferences on possible matches, for example. With no interface, no one would be able to actually use the system. These devices all require processors to control the interface, be it a microprocessor which controls the functionality and display of a mobile phone or the web browser software for a laptop or desktop computer. 269. These added claim elements provide no meaningful limitation on the previous claims, given that those claims already are to an "online" system, which necessarily already has all these components. 270. Figure 1 of Chang corresponds the claimed system for profile matching: 144 Bumble's Exhibit No. 1002 IPR2019-00842 Page 150 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 271. The claimed "interface" is operable to perform claim elements 7[a] and 7[b]. I understand that in the related litigation, Patent Owner has interpreted the claimed interface to be the user interface. (Ex. 1049, 9-25.) As shown in Figure 1, Chang discloses a user interface (e.g. user 91's computer) that receives a plurality of profiles from the server and receives a first request for matching, as discussed for elements 1[a] and 1[b]. 272. The user interface in Chang electronically "receive[s] a plurality of user online-dating profiles, each profile comprising traits of a respective user associated with a social networking platform" as discussed with respect to claim element 1[a] 145 Bumble's Exhibit No. 1002 IPR2019-00842 Page 151 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 above. For example, Figure 6, shows a plurality candidate members, who each have member data files displayed on the user interface.: (Chang, Fig. 6.) Figure 6 shows traits of each respective user. (Chang, Fig. 6.) Specifically, Figure 6 shows the age and location of user members Ms. Chen, Miss Lee, and Miss Wong. The user interface would receive this information from the server shown in Figure 1 of Chang. 273. If the claimed "interface" is interpreted as the communications interface between the end users and the server, Chang discloses this limitation, as shown below in red. (Chang, Fig. 1, ¶ 0017.) 146 Bumble's Exhibit No. 1002 IPR2019-00842 Page 152 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 274. This communications interface receives a plurality of online dating profiles from a plurality of users as discussed above for element 1[a]. (Chang, Figs. 1, 2, ¶ 0027.) As shown above information entered by users 91 and 92 would be received by the communications interface to be stored on the server as a member data file. The contents of this file would be populated when the user registers, and would include at least "his basic data, his current occupation status, his academic records, his family background, his economic status, his self-introduction, his photos, his conditions for choosing a spouse, etc. into the system 100." (Chang, ¶ 0027.) 147 Bumble's Exhibit No. 1002 IPR2019-00842 Page 153 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 275. With respect to claim element 7[b], as discussed above with respect to claim 1[b] a first user would submit a first request for matching using the user interface on the first electronic device (e.g. the computer shown in Figure 1 above). At step S3, "the user 91 is presented with the interaction interface shown in Figure 5": (Chang, Fig. 5, ¶ 0030.) 276. "The user 91 can then select from options for a quick search (basic data search), an advanced search (which permits configurable search options), newest member, occupation, etc. The user 91 can therefore determine matching conditions." (Chang, ¶ 0030.) Figure 5 shows an interface. (Chang, Fig. 5.) The communications interface also receives a first request for matching from user 91 as 148 Bumble's Exhibit No. 1002 IPR2019-00842 Page 154 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 discussed for element 1[b]. As shown in Figure 3 the server receives the user request at step S31. The server receives the matching conditions of the user via the communications interface. 277. Elements 7[c]-7[m] are performed by "a processor coupled to the interface". A POSITA would have understood understand that the user devices in Chang, such as the computers in Figure 1 above, and the Chang server (shown in Fig. 1) necessarily include processors. 278. The server processor is coupled to the communications interface as shown above in Figure 1. The server communicates with end user devices through the communications interface. Therefore, the server processor is coupled to the communications interface. The server processor is also communicatively coupled via a network to the user interface of the user devices. (Chang, ¶0017 ("at least one server for providing service to a plurality of users, each establishing connection with the server over a network using an electronic device").) 279. The user device processor is also coupled to the user interface, which is part of the same computing device. The user device processor is also coupled to the communications interface as shown in Figure 1. The user device processor communicates with the server through the communications interface. (Chang ¶0017.) 149 Bumble's Exhibit No. 1002 IPR2019-00842 Page 155 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 280. A POSITA would understand that elements 7[c]-[m] in Chang are performed by the server processor. (Chang, ¶¶0017-0039; Figs. 1-3.) As discussed above with respect to claim 1, the steps of elements 7[c]-7[m] correspond to steps shown in Figures 2 and 3. These steps correspond with steps from Chang Figures 2 and 3 from the right of the dotted line, which Chang explains are executed by system 100 (e.g. the server). (Chang, ¶¶0026, 0030.) 281. I understand, however, in the related litigation, PO has taken the position that the claimed processor may be the user device processor, the server-side processor, or a combination of both. (Ex. 1049, 26-27.) To the extent the relevant disclosures in Chang would be performed by the user device processor, rather than the server-side processor, Chang still meets the "processor" limitation, in light of PO's reading of the "processor" limitation. 282. Only one claim limitation from claim 7 warrants additional discussion. Claim element 7[f], which recites "automatically caus[ing] the interface to remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture and cause the interface to present, on the graphical user interface, a second potential match of the set of potential matches to the first user" differs slightly from the corresponding claim limitations in claims 1 and 4, which require only "automatically causing the graphical user interface to display a 150 Bumble's Exhibit No. 1002 IPR2019-00842 Page 156 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 graphical representation of a second potential match of the set of potential matches instead of the graphical representation of the first potential match." 283. The only potentially material difference is that claim element 7[f] requires that processor "automatically cause the interface to remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture." Although claim element 7[f] uses the term "remove", this is not meaningfully different from the requirement of claim elements 1[f] and 4[f] that require that the second potential match be displayed "instead of the graphical representation of the first potential match." Because claim 7(f) requires that the processor "remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture". Displaying a new representation instead of the old one means that the old one is no longer visible, i.e., it has already been removed. The only difference is that claim 7(f) might allow for display of a simple blank screen, but that is not consistent with the other elements of claim 7. 284. In any event, Wernick discloses "automatically caus[ing] the interface to remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture." For example, Wernick discloses that "Screen 730 shows how an object may be 'flung' off the screen to reject it and present the next object." (Wernick, Fig. 7, 10:48-49.) By detecting that a user flings 151 Bumble's Exhibit No. 1002 IPR2019-00842 Page 157 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 or swipes "the object (which corresponds to the claimed detecting the gesture) the processor automatically causes the interface to remove the presentation of the first object, which when combined with Chang, would be the first potential match, as discussed above with respect to Claim 1[e] and 1[f]. The rationale and motivation to combine Wernick with Chang and Norena is the same for claim 7 as it is for claim element 1[e] and 1[f] discussed above. 285. Morris also discloses "automatically caus[ing] the interface to remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture." Morris discloses a system for "browsing through a set of results," (Morris, ¶ 0028), of a sort, where each result is shown as a card. The cards are clearly shown, and meant to be shown, as a stack, so it is clear there are more choices. (Morris, ¶ 0028.) The Morris user interface is designed to let a user go through the choices serially, in batches "[i]f after viewing the items, the user does not see an item they would prefer, and there are additional items from the set of results that have not been viewed, the user has the ability to retrieve the next stack of results." (Morris, ¶ 0027.) The user has the ability to swipe (move, drag, or slide) the top card to a destination. By detecting that a user drags or slides the top card to the trash or the favorites icon the processor automatically causes the interface to remove the presentation of the top card (which is erased or added to a favorites list), 152 Bumble's Exhibit No. 1002 IPR2019-00842 Page 158 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 which when combined with Chang, would be the first potential match, as discussed above with respect to claim 1[e] and 1[f]. (Morris, ¶ 0039.) From this description of the user interface, one would conclude that after the top card has been disposed of, the next card in the stack would become visible without requiring further action on the part of the user. Morris therefore disclosed "automatically caus[ing] the interface to remove the presentation of the first potential match from the graphical user interface in response to detecting the gesture and cause the interface to present, on the graphical user interface, a second potential match of the set of potential matches to the first user." The rationale and motivation to combine Morris with Chang and Norena is the same for claim 7 as it is for claim element 1[e] and 1[f] discussed above. 286. For these reasons, and the reasons stated for claim 1, claim 7 is therefore obvious over (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, and (3) Chang, in view of Norena, Morris, and Kulas. 153 Bumble's Exhibit No. 1002 IPR2019-00842 Page 159 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 4. Claim 2: The method of claim 1, further comprising: in response to determining that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user, causing the display of a graphical notification, on the graphical user interface of the first electronic device, that a match exists between the first user and the second user, the graphical notification comprising a user interface control enabling the text area to be presented to the first user. 287. Chang discloses the additional limitations of claim 2. As discussed above with respect to claim 1, the system disclosed in Chang determines "that both the first user has expressed the positive preference indication regarding the second user and the second user has expressed the positive preference indication regarding the first user," as shown at Step S34A of Figure 3. (Chang, Fig. 3, ¶ 0034.) 288. In response to determining this mutual interest, the system disclosed in Chang proceeds to Steps S35 and S4. (Chang, Figs. 3, 2, 8, ¶ 0034.) At Step S35 the system records the name of the mutually interested candidate in the matching database of the user. (Chang, Fig. 3, ¶ 0035.) Then, at Step S4 the system provides a menu for selecting marriage suitability questions and responses. (Chang, Figs. 3, 2, 8, ¶ 0036.) 289. Chang determines at step S34A whether the two parties are mutually interested, i.e., whether each has at that point expressed an interest in the other. If both have, control flows from the "yes" branch. As a result step S4 will be reached, 154 Bumble's Exhibit No. 1002 IPR2019-00842 Page 160 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 which displays a menu for selecting marriage suitability questions. This has two impacts on the user interface. The first is that the other person will be shown as a match, with a graphical representation as shown in Figure 8. 290. As discussed previously, the notification shown in Figure 8 is clearly graphical for the reason that it is part of a graphical user interface, not a text-based command line interface. And specifically, the newly matched person shows as an "envelope" icon because this screen allows the user to address text communication to the newly found match. 291. As shown in Figure 8, Step S4 corresponds to the claimed "causing the display of a graphical notification, on the graphical user interface of the first electronic device that a match exists between the first user and the second user, the graphical notification comprising a user interface control enabling the text area to be presented to the first user." (Chang, Figs. 3, 2, 8, ¶ 0036.) Figure 8 shows candidates with whom the first user shares mutual interest, and therefore can communicate with. Accordingly, Figure 8 serves as a "graphical notification, on the graphical user interface of the first electronic device that a match exists between the first user and the second user." 292. Additionally as Figure 8 shows, the user can click the "ask a question button" which leads to Figure 9, which clearly shows text-based communication 155 Bumble's Exhibit No. 1002 IPR2019-00842 Page 161 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 options. The "select and answer" and "expected answer" boxes in Figure 9 show text areas for communication. I note here that while the term "text area" term is not specified in detail in the claim, what is shown in Chang is clearly text, it is an area on the screen, and it is for composing communication with the other party. The term "text area" is vague, but a person of ordinary skill in the art might interpret this term to mean any area that displays text. 293. As shown in Figures 8 and 9, Chang discloses "the graphical notification comprising a user interface control enabling the text area to be presented to the first user." (Chang, Figs. 8, 9, ¶¶ 0036, 0037.) For example, Figure 8 includes an "ask a question" button associated with each potential match. (Chang, Fig. 8, ¶¶ 0036, 0037.) This "ask a question" button is a user interface control. As shown in Figure 9, if a user selects this button it enables a text area containing potential questions and answers to be presented to a first user. (Chang, Fig. 9, ¶¶ 0036, 0037.) Specifically, "when the user intends to ask the user 92 a question, he elects the option to 'ask her a question'." As shown in Figure 9, a menu is presented with a plurality of questions and possible replies, which permits the user 92 to select the marriage suitability questions to ask the user 92 and to enter his own reply to the same marriage suitability question. (Chang, ¶ 0037.) Accordingly, Chang discloses the additional limitations of claim 2. 156 Bumble's Exhibit No. 1002 IPR2019-00842 Page 162 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 294. Further Combination with Norena: To the extent that the Patent Owner argues that Figure 8 in Chang does not disclose a "graphical notification. . . that a match exists between the first user and the second user", the additional limitations of claim 2 are obvious over Chang in view of Norena. Norena explicitly discloses a graphical representation that a match exists. 295. Like Chang, Norena discloses allowing a user to express positive preference indications regarding another user. (Norena, Fig. 1, ¶¶ 0011, 0023, 0034, 0034, 0035.) Norena explicitly discloses providing a notification to both users when mutual interest is expressed. (Norena, Fig. 1 at step 124 ("let[ting] both users know about a match"); see also Norena, Fig. 5 at step 518, ¶¶ 0025-0027,0037-0038.) 296. Norena attempts to match users, but will not notify either until each has expressed interest. This is shown at step 518 in Figure 5. What happens then is described in paragraphs 0025-0027. The system sends notification by means of a text message (SMS) to each user's phone. But further, Norena suggests that some form other than text could be used, such as an image, which Norena already has stored for each user. It was well known at the time that images could be sent as MMS (Multimedia Message System) messages, which is a slightly different mobile phone protocol in which the actual text transmitted to the recipient is a hidden URL which points to the content, which is then fetched and displayed on the phone. This 157 Bumble's Exhibit No. 1002 IPR2019-00842 Page 163 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 is how current mobile phones display images in text chats, and was well known and practiced at the time of Norena. 297. Specifically, Norena further discloses that "[i]t would be readily understood by those skilled in the art that also a picture and any other type of data stored on a system memory could be sent to users when using other notification methods different to SMS (Short Message service.) (Norena, ¶ 0027.) "[A] picture and any other type of data" would include the graphical notification claimed in claim 2. 298. In addition, once Norena has notified each of the users of the other's contact information, including mobile phone number, then the users can obviously use the phone's native user interface to send text messages to each other. For many phones, simply touching on the phone number shown in this notification would open up a text box to type a text message to communicate to the other, matched, user. 299. Rationale and Motivation to Combine: It would have been obvious to combine Chang (as modified by Wernick, Morris, or Morris and Kulas) with Norena predictably resulting in a system in which a first user receives an active, affirmative notification that a match exists between the first user and the second user, as disclosed in Norena. As discussed above, Chang and Norena are analogous references in the field of online dating that are remarkably similar. Both Chang and 158 Bumble's Exhibit No. 1002 IPR2019-00842 Page 164 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 Norena disclose a systems where users can only communicate if mutually express interest in each other. (Norena, ¶¶ 0024-0030.) 300. One of ordinary skill in the art would have had every expectation that combining the system disclosed in Chang (as modified by Wernick, Morris, or Morris and Kulas), specifically the graphical representation Fig. 8 with the explicit notification of a match disclosed in Norena would have been successful. One of ordinary skill in the art would not have perceived any technological obstacle to the combination. 301. One of ordinary skill would have had strong motivation to make the proposed combination. It would have been obvious to one of ordinary skill in the art that users would be interested in knowing when a match occurs. As shown in Figure 3 of Chang, Figure 8 is displayed on the graphical user interface of a first user after users both express mutual interest. (Chang, Figs. 3, 8, ¶¶ 0034-0036.) Figure 8 of Chang already provides a graphical representation that a match exists. (Chang, Fig. 8.) For example, when Figure 8 appears on a users' screen, allowing a user to ask a question to a candidate member, a user would understand that a match exists between the user and the candidate members graphically represented in Figure 8. It would have been obvious to one skilled in the art that an even more explicit message regarding the existence of a match, such as that disclosed in Norena, could be 159 Bumble's Exhibit No. 1002 IPR2019-00842 Page 165 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 included in the graphical user interface shown Figure 8. 302. Similarly, it would have been obvious to one of ordinary skill in the art that Figure 8, including a more explicit message indicating the existence of a match, could appear on a user's screen in response to two users expressing mutual interest. Chang itself suggests providing this notification in response to a determination of mutual interest. For example, Chang discloses that "[u]pon receipt of an indication of the target member's interest in further interaction, the matching module 2 records the target member in the matching file of user 91, and instructs the interaction module 3 to provide an interaction interface to user 91." (Chang, ¶ 0021.) This would suggest to one of ordinary skill in the art that the interaction interface (e.g., the graphical representation shown in Figure 8) is actively displayed to the user in response to determining mutual interest, just as the notification disclosed in Norena. 303. To the extent Patent Owner argues that Chang does not disclose an immediate, active notification (and that an active and immediate notification is required), this teaching in Chang would at least provide strong motivation to combine Chang with the immediate, active notification disclosed in Norena. In addition, in Figure 3 of Chang, step S35 discloses recording the name of the mutually interested candidate in the matching database of the user. This would suggest to a person of ordinary skill that the name of the mutually interested candidate could also 160 Bumble's Exhibit No. 1002 IPR2019-00842 Page 166 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 be shared with the first user at this step. 304. A person of ordinary skill in the art would have been motivated to combine Chang and Norena with Wernick for the reasons set forth under element 1[e]. 305. A person of ordinary skill in the art would have been motivated to combine Chang and Norena with Morris for the reasons set forth under element 1[e]. 306. A person of ordinary skill in the art would have been motivated to combine Chang and Norena with Morris and Kulas for the reasons set forth under element 1[e]. 307. For these reasons, claim 2 is therefore obvious over (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, and (3) Chang, in view of Norena, Morris, and Kulas. 5. Claim 5 308. As shown in the chart below, claim 5 is similar to claim 2 (underlining added to indicate identical language): Claim 2 Claim 5 [2] The method of claim 1, further [5] The medium of claim 4, further comprising: comprising instructions configured to, in response to determining that both the in response to the determination that first user has expressed the positive both the first user has expressed the preference indication regarding the positive preference indication second user and the second user has regarding the second user and the expressed the positive preference second user has expressed the positive 161 Bumble's Exhibit No. 1002 IPR2019-00842 Page 167 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 indication regarding the first user, preference indication regarding the first causing the display of a graphical user, cause the display of a graphical notification, on the graphical user notification, on the graphical user interface of the first electronic device, interface of the first electronic device, that a match exists between the first that a match exists between the first user and the second user, the graphical user and the second user, the graphical notification comprising a user interface notification comprising a user interface control enabling the text area to be control enabling the text area to be presented to the first user. presented to the first user. 309. Dependent claim 5 merely recites "the medium of claim 4, further comprising instructions configured to" perform an additional step corresponding to the steps in method claim 2. As indicated for claim 4, the recitation of the "medium" is a limitation that does not affect my analysis of the applicability of the prior art. For the reasons stated for claim 2, therefore, claim 5 is obvious over (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, and (3) Chang, in view of Norena, Morris, and Kulas. 6. Claim 8 310. As shown in the chart below, claim 8 is similar to claim 2 (underlining added to indicate identical language): Claim 2 Claim 8 [2] The method of claim 1, further [8] The system of claim 7, the comprising: processor further operable to, in in response to determining that both the response to the determination that both first user has expressed the positive the first user has expressed the positive preference indication regarding the preference indication regarding the second user and the second user has second user and the second user has expressed the positive preference expressed the positive preference indication regarding the first user, indication regarding the first user, 162 Bumble's Exhibit No. 1002 IPR2019-00842 Page 168 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 causing the display of a graphical cause the display of a graphical notification, on the graphical user notification, on the graphical user interface of the first electronic device, interface of the first electronic device, that a match exists between the first that a match exists between the first user and the second user, the graphical user and the second user, the graphical notification comprising a user interface notification comprising a user interface control enabling the text area to be control enabling a text area to be presented to the first user. presented to the first user. 311. Dependent claim 8 is directed to a processor further operable to perform steps corresponding to claim 2. The discussion of the processor with respect to claim 7 above also applies to claim 8. As with claim 2, claim 8 adds more detail about what is displayed. Considering the analysis of claim 2 taken with the analysis of the processor element of claim 7, claim 8 is obvious over Chang, in view of Norena and Wernick. (1) Chang, in view of Norena and Wernick, (2) Chang, in view of Norena and Morris, and (3) Chang, in view of Norena, Morris, and Kulas. 7. Claim 3: The method of claim 1, wherein the set of potential matches for the first user comprises one or more potential matches that are each associated with a geographic location within a threshold distance of a geographic location associated with the first user, the threshold distance being a stored value 312. Claim 3 depends from independent claim 1 and further requires "wherein the set of potential matches for the first user comprises one or more potential matches that are associated with a geographic location within a threshold distance of a geographic location associated with the first user, the threshold distance being a stored value." This limitation is disclosed and rendered obvious by Chang 163 Bumble's Exhibit No. 1002 IPR2019-00842 Page 169 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and in more detail by Simkhai. 313. Chang discloses this limitation. The user interface of Figure 5 allows a user to restrict matches to "a geographic location within a threshold distance" from the user. This is further shown in Figures 6-8 where search parameters for potential matches show a threshold distance selection. 314. Simkhai, which relates to online dating and is assigned to mobile-dating app company Grindr LLC, further discloses that a match may be "associated with a geographic location a threshold distance of a geographic location associated with the first user." For example, Simkhai discloses "receiving, from a portable electronic device of a requesting user, a request for information concerning other uses wherein the request includes information relating to a location of the requesting user. A list of other users located within a range of the location is generated." (Simkhai, 3:7-12.) 315. The "list of other users located within a range of the location of the requesting user" corresponds to the claimed "set of potential matches for the first user. . . associated with a geographic location within a threshold distance of a geographic location associated with the first user." As outlined in red below, Figure 45 of Simkhai provides further disclosure this claim limitation: 164 Bumble's Exhibit No. 1002 IPR2019-00842 Page 170 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 316. Figures 43 discloses "generat[ing] [a] list of other users within range." (Simkhai, Fig. 43.) Similarly, Figures 45 and 46 disclose "receiv[ing] information relating to other users within a predefined range" and "display[ing] representations of other users on [a] display interface." (Simkhai, Figs. 45, 46; see also Simkhai, Fig. 47.) These disclosures regarding a list or representations of users "within range" or "within a predefined range" correspond to the claimed "wherein the set of potential matches for the first user comprises one or more potential matches that are associated with a geographic location within a threshold distance of a geographic 165 Bumble's Exhibit No. 1002 IPR2019-00842 Page 171 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 location associated with the first user." 317. Indeed, Simkhai is replete with additional disclosures of this limitation. (Simikhai, 3:7-13, 3:23-35, 3:34-43, 3:58-63, 4:2-7, 4:29-34, 4:49-50, 4:63-67, 5:10- 12, 20:27-32, 20:45-48, 20:54-66.) 318. A person of ordinary skill in the art would understand that the threshold distance disclosed in Simikhai is a stored value. For example, Figure 2 of Simkhai shows a memory module 220. "The memory module 220 will typically include code executable by the processor modules to effect the location-based social interaction described herein." (Simkhai, 6:17-20; see also Simkhai, 21:6-10, 21:19-24, 22:27- 31.) 319. Simkhai filters potential matches based on location. In order to do so, it must know the location of each pair of users, and then calculate the distance between them, using straightforward geometry. At that point, the system must determine whether the distance is close enough to report a candidate match. But what does "close enough" mean? The software running on the processor must do a comparison with some value, which could be hard coded into the program or could be a variable set by some other portion of the software. In either case it would be "stored" in the processor's memory, else the processor would not be able to perform the calculation. 166 Bumble's Exhibit No. 1002 IPR2019-00842 Page 172 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 320. This is shown clearly in Figure 29, where this value is referred to as "location range" at step 2960. It would have been obvious to any programmer that this value is stored in some known location so the program can reference it when it re-calculates the set of matches within range. 321. It would have been obvious to a person of ordinary skill in the art based on the disclosure in Simkhai that the threshold distance (e.g., the range or predetermined range disclosed in Simkhai) would have to be a stored value for the system to operate. 322. Rationale and Motivation to Combine: It would have been obvious to a person of ordinary skill in the art to combine the location-based elements of Simkhai with Chang, as modified by Norena and Wernick as discussed above, predictably resulting in a system where potential matches or candidate members are located within a threshold distance from the first user. One of ordinary skill in the art would not have perceived any technological obstacle to the combination. 323. It would have been obvious to a person of ordinary skill in the art to combine the location-based elements of Simkhai with Chang, as modified by Norena and Morris as discussed above, predictably resulting in a system where potential matches or candidate members are located within a threshold distance from the first user. One of ordinary skill in the art would not have perceived any technological 167 Bumble's Exhibit No. 1002 IPR2019-00842 Page 173 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 obstacle to the combination. 324. It would have been obvious to a person of ordinary skill in the art to combine the location-based elements of Simkhai with Chang, as modified by Norena and Morris and Kulas as discussed above, predictably resulting in a system where potential matches or candidate members are located within a threshold distance from the first user. One of ordinary skill in the art would not have perceived any technological obstacle to the combination. 325. As discussed with respect to claim element 1[c] above, Chang discloses a set of potential matches. As discussed above, Chang further discloses conducting a search for potential matches within a set geographic threshold. (Chang, Figs. 5- 8.) Although Chang does not provide a more detailed disclosure of this element, this disclosure demonstrates a person of ordinary skill in the art would have strong motivation to combine Chang with the location-based system disclosed in Simkhai. As evidenced by this disclosure in Chang, it would have been desirable to limit a set of potential matches to a particular geographic area. For example, user in Taipei city would likely be interested in connecting with other users in Taipei city, not users on the other side of Taiwan, several hours away. In the United States, a potential user in the Washington, DC area would likely be interested in connecting with other matches in the Washington, DC area, not users across the country in Los Angeles. 168 Bumble's Exhibit No. 1002 IPR2019-00842 Page 174 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 A person of ordinary skill rolling out a nationwide online dating service, like the one disclosed in Chang or Norena, would need to have some way of limiting potential matches for each user to matches within a reasonable distance. A person of ordinary skill in the art would therefore look to references, disclosing methods for narrowing search results based on location such as in Simkhai. 326. As discussed above, one of ordinary skill would have been motivated to combine Chang and Norena with (1) Wernick, (2) Morris, or (3) Morris and Kulas in light of the rise of smartphones and mobile apps around the time of the alleged invention of the '811 patent. The rise of mobile-based dating applications provided further motivation to combine dating app references with the location-based online dating method, such as the method disclosed in Simkhai. The approach in Simkhai allows for dynamic display of users based on location of the first user. Therefore, if a user from Washington, DC relocated to Los Angeles, the location of the matches would be automatically adjusted. 327. In addition, mobile devices include GPS technology, which would allow the location-based method of Simkhai to function efficiently. For example, both Simkhai and Norena discuss GPS technology. (Simkhai, 7:39-41; Norena, ¶0044.) The prevalence of GPS technology in mobile devices at the time of the alleged invention, coupled with the increased popularity of mobile dating apps 169 Bumble's Exhibit No. 1002 IPR2019-00842 Page 175 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 would provide further motivation to combine the online dating systems disclosed in Chang and Norena, and the mobile user interface teachings of Wernick with the location-related disclosures of Simkhai. Indeed, as shown in Wernick, location- based searching functionality was used in mobile applications outside of dating apps as well. (Wernick, 11:49-54, Fig. 9.) This location-based searching disclosure in Wernick would provide further motivation to combine Chang, Norena, Wernick and Simkhai because it further demonstrates that location-based searching services are easily accomplished using mobile technology. 328. It would have been obvious to one designing a dating application that it is useful if the matched candidates live in the same geographic area, as even being on opposite sides of a large city would be an impediment to meeting. Almost all phones of the time had the ability to determine their location, using any combination of the location of the cell tower with which they were in communication, signal strengths of nearby WiFi networks, or of course the GPS, Global Positioning System, satellite network. In fact the ability of a phone to know its location was long mandated by the FCC for providing 911 emergency services. 329. Thus, if the deployed dating system were meant to operate on phones, it would have been obvious that location information was readily available. Other applications and research projects used location e.g., for driving directions, finding 170 Bumble's Exhibit No. 1002 IPR2019-00842 Page 176 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 friends, and searching for points of interest. It would have been straightforward to perform the location steps without undue experimentation to produce the obvious result of knowing how far apart two parties were, given that they were both connected to a server that could acquire both their locations. 330. Notably, location-based online dating systems, like that disclosed in Simkhai were well known and widely utilized by the time of the alleged invention of the '811 patent. For example, the 2010 list of "Top 10 Mobile Dating Apps", discussed above includes references to several location-based mobile dating apps, including Meet Moi, Speed Date, and Grindr. (Ex. 1015.) The 2011, Top 10 Mobile Dating Apps article discussed above, references several other location-based dating apps, including OKCupid Locals and Blendr. (Ex. 1037.) By 2012, the same annual Top Mobile Dating Apps Article also referenced "Singles Around Me" and noted that "GPS or location-based dating apps are no longer for just hookups anymore." (Ex. 1014.) Given the prevalence of location-based online dating systems and mobile apps, it would have been obvious to a person of ordinary skill to combine the location-based teachings of Simkhai with the online dating elements disclosed in Chang. 331. Similarly, a person of ordinary skill in the art would be motivated to combine Morris, Chang and Norena with Simkhai in light of the rise of smartphones 171 Bumble's Exhibit No. 1002 IPR2019-00842 Page 177 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and mobile apps, including mobile dating apps, around the time of the alleged invention of the '811 patent. Chang as modified by Norena and Simkhai could similarly benefit from the mobile user interface disclosed in Morris. Additionally, a POSITA would recognize that the location-based method in Simkhai is particularly suitable for implementation in mobile devices, like those disclosed in Morris, which typically include GPS technology. (Simkhai, 7:39-41; Norena, ¶0044.) 332. A person of ordinary skill in the art would have been further motivated to combine Simkhai with Kulas because like Morris, Kulas discloses a method for a mobile touchscreen user interface and as discussed above, the location-based method of Simkhai was particularly well suited for mobile devices. 8. Claim 6 333. As shown in the chart below, claim 6 is similar to claim 3 (underlining added to indicate identical language): Claim 3 Claim 6 [3] The method of claim 1, wherein the [6] The medium of claim 4, wherein set of potential matches for the first the set of potential matches for the first user comprises one or more potential user comprises one or more potential matches that are each associated with a matches that are each associated with a geographic location within a threshold geographic location within a threshold distance of a geographic location distance of a geographic location associated with the first user, the associated with the first user, the threshold distance being a stored value. threshold distance being a stored value. 334. Dependent claim 6 merely recites "the medium of claim 4" with further limitations corresponding to the steps in method claim 3. Again, for the reasons 172 Bumble's Exhibit No. 1002 IPR2019-00842 Page 178 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 stated above, the "medium" limitation does not have an impact on my analysis of the applicability of the prior art. For the reasons stated for claim 3, therefore, claim 6 is obvious over (1) Chang, in view of Norena and Wernick in further view of Simkhai, (2) Chang, in view of Norena and Morris in further view of Simkhai, and (3) Chang, in view of Norena, Morris, and Kulas in further view of Simkhai. 9. Claim 9 335. As shown in the chart below, claim 9 is similar to claim 3 (underlining added to indicate identical language): Claim 3 Claim 9 [3] The method of claim 1, wherein the The system of claim 7, wherein the set set of potential matches for the first of potential matches for the first user user comprises one or more potential comprises one or more potential matches that are each associated with a matches that are each associated with a geographic location within a threshold geographic location within a threshold distance of a geographic location distance of a geographic location associated with the first user, the associated with the first user, the threshold distance being a stored value. threshold distance being a stored value. 336. Dependent claim 9 merely recites "the system of claim 7" with further limitations corresponding to the steps in method claim 3. For the reasons stated for claim 3, therefore, claim 6 is obvious over (1) Chang, in view of Norena and Wernick in further view of Simkhai, (2) Chang, in view of Norena and Morris in further view of Simkhai, and (3) Chang, in view of Norena, Morris, and Kulas in further view of Simkhai. 173 Bumble's Exhibit No. 1002 IPR2019-00842 Page 179 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 VII. NO SECONDARY CONSIDERATIONS OF NON-OBVIOUSNESS 337. I understand from counsel that the Patent Owner in the underlying district court litigation has not yet identified any evidence with respect to secondary considerations of non-obviousness. I understand, however, that during prosecution, Patent Owner submitted some articles that, according to Patent Owner, provided evidence of secondary considerations. (Ex. 1011, MTCH-175.) I am aware that the Examiner found that the evidence (1) "does not provide a proper nexus between the claimed invention and commercial success"; (2) is unpersuasive as to copying because "more than the mere fact of copying is necessary"; and (3) "represent[s] the opinions of journalists, and have neither the weight of factual evidence nor expert opinion." (Ex. 1011, MTCH-145-46.) None of the evidence cited in prosecution changes my opinion on obviousness. 338. To the extent the Patent Owner cites any evidence of sales or any praise or any industry recognition of products that the Patent Owner asserts implement the claimed invention, I am not aware of any information demonstrating that any commercial success, praise, or any other secondary factor (that the Patent Owner may assert) was a result of the particular features recited in the '811 patent's claims. 339. Thus, based on my review of the evidence to date, I can summarize my opinions regarding any alleged secondary considerations of non-obviousness 174 Bumble's Exhibit No. 1002 IPR2019-00842 Page 180 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 relating to the '811 Patent, as follows: 340. No commercial success of the claimed invention. Though the Patent Owner alleged to cite evidence of commercial success of products embodying the ʼ811 patent during prosecution, the Patent Owner has not cited any evidence proving that those products actually embody the '811 patent. Moreover, the Patent Owner has not cited any evidence that any commercial success of any products is particularly a result of the claimed inventions recited in the '811 patent's claims and not due to any other facts. 341. The ʼ811 patent describes three main areas of alleged invention, in addition to an extended description of a matching algorithm. The first feature is "mutual opt-in," i.e., that each of the users being matched must express interest in the other before any communication or additional information about them is enabled. The second is a "deck of cards" style user interface, although the claims do not explicitly call this out. The third aspect is a particular gesture, swiping, to express positive or negative sentiment about the potential matches displayed by the "deck of cards" user interface. As I explain above with respect to the Grounds, none of these features is novel to the ʼ811 patent. 342. The ʼ811 patent specifically does not describe a system that operates with no or minimal profile information about its subscribers. Rather, the profile 175 Bumble's Exhibit No. 1002 IPR2019-00842 Page 181 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 information must be extensive, because the specification describes a matching algorithm across twelve columns of text and charts. Further, in the discussion of the registration process in column 5 of the ʼ811 patent, the specification lists among others height, weight, age, location, ethnicity, birthplace, parents, eating activities, and goals. Also mentioned is how important these factors would be in finding a potential match, as well as education level and smoking habits, as examples. These are fairly conventional profile questions for dating applications of the time, so I do not see any novelty in the "receiving a plurality of user online-dating profiles" in, for example, claim 1. Moreover, the claims are not specifically directed to such extensive profiles. 343. No long-felt but unsolved need. The Patent Owner has not cited any evidence of any long-felt need that remained unsolved in the prior art before the '811 patent. To the contrary, as discussed above, the prior art solved the problems that the '811 patent purported to address. 344. No failure of others. The Patent Owner has not cited any evidence of anyone who tried, but failed, to solve the problems addressed by the '811 patent. As shown by my analysis above, there existed prior art references that successfully disclosed and rendered obvious the subject matter claimed by the '811 patent. 345. No copying of the claimed invention. The Patent Owner's evidence of 176 Bumble's Exhibit No. 1002 IPR2019-00842 Page 182 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 copying―articles describing other applications such as The League and Hinge―is lacking. As the Examiner stated, "more than the mere fact of copying" is necessary for non-obviousness. 346. No unexpected results of the claimed invention. The Patent Owner has not cited any evidence of unexpected results achieved by the '811 patent's claimed invention. To the contrary, the prior art disclosed the predictable, expected results that show why the '811 patent's claims are obvious as discussed above. 347. No praise for the claimed invention. Applicant cited articles in prosecution as supposed evidence of industry praise. I am not aware, however, of any information demonstrating that any praise was a result of the particular features recited in the '811 patent's claims. Moreover, the alleged inventive features of the ʼ811 patent are all found in the prior art. 348. No surprise or skepticism at the claimed invention. The Patent Owner has not cited any evidence that observers were surprised by, or skeptical of, the claimed invention recited in the '811 patent. 349. No departure from the wisdom of the prior art. The Patent Owner has not cited any evidence that the claimed inventions of the '811 patent departed from the wisdom of the prior art. The '811 patent claims subject matter that was already present in the prior art, including in the Chang, Norena, Wernick, Simkhai, Morris, 177 Bumble's Exhibit No. 1002 IPR2019-00842 Page 183 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 and Kulas references discussed in my Declaration. 350. Moreover, with respect to the considerations discussed above, I also refer to and incorporate my opinions stated throughout this Declaration, including my analysis showing that the '811 patent is directed to techniques known in the prior art and does not provide any inventive technology. 351. To the extent the Patent Owner at a later date cites or provides any other evidence regarding secondary considerations, including any expert opinions, I reserve the right to supplement my analysis and opinions to comment on it. VIII. CONCLUSION 352. For at least the preceding reasons, in my opinions, claims 1, 2, 3, 4, 5, 6, 7, 8 and 9 of the '811 patent would have been obvious to a person of ordinary skill in the art based on the prior art references that I have cited and analyzed above. 353. In signing this Declaration, I recognize that the Declaration will be filed as evidence in a contested case before the Patent Trial and Appeal Board of the United States Patent and Trademark Office. I also recognize that I may be subject to cross-examination in this proceeding. If required, I will appear for cross- examination at the appropriate time. I reserve the right to offer opinions relevant to the invalidity of the '811 patent claims at issue and/or offer testimony in support of this Declaration. 178 Bumble's Exhibit No. 1002 IPR2019-00842 Page 184 of 192 93 Declaration of Christopher M. Schmandt in Support of Petition for Inter Partes Review of U.S. Patent No. 9,733,811 B2 354. I hereby declare that all statements made herein of my own knowledge are true and that all statements are made on information and belief are believed to be true, and further that these statements were made with the knowledge that willful false statements and the like so made are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001. Respectfully submitted, Christopher M. Schmandt Winchester, Massachusetts 179 Bumble's Exhibit No. 1002 IPR2019-00842 Page 185 of 192 93 EXHIBIT A Bumble's Exhibit No. 1002 IPR2019-00842 Page 186 of 192 93 Christopher Schmandt 4 Longfellow Rd Winchester, MA 01890 Education M.I.T., Master of Science, Visual Studies (Computer Graphics), 1980 M.I.T., Bachelor of Science, Computer Science, 1978 Professional Experience -- MIT (retired) MIT Media Laboratory, Principal Research Scientist, 1985-2018 Director, Living Mobile Research Group (formerly Speech + Mobility) Architecture Machine Group, Research Associate, 1980-1984 Architecture Machine Group, Research Assistant, 1979-1980 Architecture Machine Group, Graphics Programmer, 1977-1979 Departmental Undergraduate Research Opportunities Program Coordinator, 1984-2018 Laboratory Intellectual Property Committee 2001-2017, chair 2002-2009 Departmental Committee on Graduate Studies, 1996-2001, 2007-2018 Sponsored Research Activities Alerting and Mobile Messaging, Digital Life Consortium, MIT Media Lab, 1997-2018 Acoustical Cues to Discourse Structure, National Science Foundation, Principal Investigator, 1995-1998 Parsing Radio, News in the Future Consortium, MIT Media Lab, 1993-199 Desktop Audio, SUN Microsystems, Inc., Principal Investigator, 1989-1996 Voice Interaction in Hand Held Computer, Apple Computer, Principal Investigator, 1991-1993 Voice Interfaces for Network Services, AT&T, Principal Investigator, 1989-1991 Back Seat Driver, NEC, Principal Investigator, 1988-1991 Acoustic and Visual Cues for Speech Recognition, DARPA, co-Principal Investigator, 1986-1988 Personal Computers and Telephony, NTT Public Corporation, Principal Investigator, 1984-1989 Home Telecomputing, Atari, Inc., Principal Investigator, 1983 Bumble's Exhibit No. 1002 IPR2019-00842 Page 187 of 192 1 of 6 93 Publications Most publications can be found at http://www.media.mit.edu/speech/publications or http://living.media.mit.edu/publications SkinMorph: Texture-Tunable On-Skin Interface Through Thin, Programmable Gel ISWC 2018. (with Cindy Kao, M. Banforth, D. Kim) ARTextiles for Promoting Social Interactions Around Personal Interests. CHI 2018. (with Anna Fuste) Technical Interventions to Detect, Communicate, and Deter Sexual Assault. ISWC 2017. (with Manisha Mohan) Exploring Interactions and Perceptions of Kinetic Wearables. DIS 2017. (with Cindy Hsin-Liu Kao, D. Ajilo, O. Anilionyte, A. Dementyev, I. Choi and S. Follmer) Rovables: On-Body Robots as Mobile Wearables. UIST 2016. (with Cindy Hsin-Liu Kao, A. Dementyev, I. Choi, D. Ajilo, M. Xu, and S. Follmer) DuoSkin: Rapidly Prototyping On-Skin User Interfaces Using Skin-Friendly Materials. ISWC 2016. (with Cindy Hsin-Liu Kao, Christian Holz, Asta Roseway, and Andres Calvo) Immersive Terrestrial Scuba Diving Using Virtual Reality (with Dhruv Jain, Misha Sra, Jingru Go, Rodrigo Margues, Raymond Wu and Justin Chiu) Proceedings, UIST 2016 Expanding social mobile games beyond the device screen (with Misha Sra) Journal of Personal and Ubiquitous Computing, 2015 NailO: Fingernails as an input surface (with Cindy Hsin-Liu Kao, Artem Dementyev, Joseph Paradiso) CHI 2015 Mugshots: A mug display for front and back stage social interaction in the workplace (with Cindy Hsin-Liu Kao) TEI (Tangible and Embedded Interfaces) 2015 Mime: compact, low power 3D gesture sensing for interactionwith head mounted displays (with Andrea Colaco, Ahmend Kirmani, Hye Soo Yang, Nan-Wei Gong, and Vivek Goyal) Proceedings of UIST 2013. Spotz: A location-based approach to self-awareness (with Misha Sra) Proceedings of Persuasive 2013. Setting the stage for interaction: A tablet application to augment group discussion in a seminar class (with Drew Harry and Eric Gordon) Proceedings of CSCW 2012. Indoor Location Sensing using Geo-Magnetism (with Jaewoo Chung, Matt Donahoe, Ig-Jae Kim, Pedram Razavai and Micaela Wiseman) Proceedings of International Conference on Mobile Systems, Applications, and Services (Mobisys) 2011. My second bike: a TV-enabled social and interactive riding experience (with Jaewoo Chung, Kuang Xu, Andrea Colaco, and Victor Li) Proceedings of IEEE Communications and Networking Conference, Jan 2010. Going my way?: User-aware route planner (with Jaewoo Chung) Proceedings CHI 2009. Globetoddler: Designing for remote interataction between preschoolers and their traveling parents (with Paulina Modlitba) CHI 2008 Extended Abstracts Are we there yet? - a temporally aware media player (with Matt Adcock and Jaewoo Chung), Australian User Bumble's Exhibit No. 1002 IPR2019-00842 Page 188 of 192 2 of 6 93 Interface Conference (AUIC) 2008 Physical embodiments for mobile communication agents (with Stefan Marti), UIST 2005 Giving the caller the finger: collaborative responsibility for cellphone interruptions (with Stefan Marti) Extended Abstracts, CHI 2005 Active Messenger: email filtering and delivery in a heterogeneous network (with Stefan Marti) Human-Computer Interaction Journal (HCI) Volume 20 (2005) WatchMe: communication and awareness between members of a closely-knit group (with Natalia Marmasse) Proceedings of Ubicomp 2004 An audio-based personal memroy aid (with S. Vemuri, W. Bender, S.Tellex and B. Lassey) Proceedings of Ubicomp 2004 Improving speech playback using time-compression and speech recognition (with Sunil Vemuri, Philip DeCamp, and Walter Bender) Proceedings of CHI 2004 Impromptu: managing networked audio applications for mobile users (with Kwan Lee, Jang Kim, and Mark Ackerman), Proceedings of MobiSys 2004 TalkBack: a conversational answering machine (with Vidya Lakshmipathy and Natalia Marmasse) Proceedings of UIST 2003 ``ListenIn'' to domestic environments from remote locations (with Gerardo Vallejo) Proceedings of the 2003 International Conference on Auditory Display (ICAD) Safe & Sound: a wireless leash (with Natalia Marmasse) Extended Abstracts, Proceedings of CHI 2003 Mediated voice communication via mobile IP (with Jang Kim, Kwan Lee, Gerardo Vallejo, and Mark Ackerman), Proceedings of UIST 2002. The Audio Notebook: Paper and pen interaction with structured speech (with Lisa Stifelman and Barry Arons), Proceedings of CHI 2001 Synthetic News Radio (with Keith Emnett) IBM Systems Journal, Vol. 39 Nos. 3-4, pp. 646-659, 2000. Everywhere messaging (with Natalia Marmasse, Stefan Marti, Nitin Sawhney, and Sean Wheeler) IBM Systems Journal, Vol. 39 Nos. 3-4, pp. 660-677, 2000. Location-aware information delivery wth comMotion (with Natalia Marmasse), Proceedings of the Second International Symposium on Handheld and Ubiquitous Computing, pp. 157-171, Springer, 2000. Nomadic Radio: Scalable and contextual notification for wearable audio messaging (with Nitin Sawhney), Proceedings of CHI 1999. Speaking and listening on the run: Design for wearable audio computing (with Nitin Sawhney), Proceedings of International Symposium on Wearable Computing, 1998. Audio Hallway: A virtual acoustic environment for browsing, Proceedings of UIST 1998. Dynamic Soundscape: Mapping time to space for audio browsing (with Minoru Kobayashi), Proceedings of CHI 1997. Bumble's Exhibit No. 1002 IPR2019-00842 Page 189 of 192 3 of 6 93 CLUES: Dynamic personalized message filtering (with Matt Marx), Proceedings of CSCW 1996. Using acoustic structure in a hand-held audio playback device (with Deb Roy), IBM Systems Journal, Vol 35, Nos. 3 and 4, 1996. Mailcall: Message presentation and navigation in a nonvisual environment (with Matt Marx), Proceedings of CHI 1996 AudioStreamer: Exploiting simultaneity for listening (with Atty Mullins), short paper, CHI 1995. Multimedia momadic services on today's hardware, IEEE Network, September/October 1994. Putting people first: Specifying proper names in speech interfaces (with Matt Marx), proceedings of UIST 1994. Chatter: A conversational learning speech interface (with E. Ly) AAAI Workshop on Intelligent Multi-Media Multi- Modal Systems, 1994. Voice Communication with Computers: Conversational Systems. New York: Van Nostrand Reinhold. 1994. Capturing, structuring, and representing ubiquitous audio (with D. Hindus and C. Horner), ACM Transactions on Information Systems, Vol. 11, No. 4, October 1993. Speech Recognition Architectures for Multimedia Environments, (with E. Ly and B. Arons), Proceedings of the 1993 AVIOS Conference, September 1993. Phoneshell: the Telephone as Computer Terminal, Proceedings of the ACM Multimedia Conference, August 1993. Voicenotes: A Speech Interface for a Hand-Held Voice Notetaker (with L. Stifelman, B. Arons, and E. Hulteen), Proceedings of INTERCHI'93, April 1993. From Desktop Audio to Mobile Access: Opportunities for Voice in Computing, book chapter in Advances in Human- Computer Interaction, Vol. 4, H.R. Hartson and D. Hix editors. 1992. Ubiquitous Audio: Capturing Spontaneous Collaboration (with D. Hindus), Proceedings of CSCW'92, November 1992. Integrating Audio and Telephony in a Distributed Workstation Environment (with S. Angebranndt, R. Hyde, D. Luong, and N. Siravara), Proceedings of the Summer 1991 USENIX Conference, June 1991. Augmenting a Window System with Speech Input (with M. Ackerman and D. Hindus), Computer, IEEE Computer Society, Vol. 23, No. 8, August 1990. Observations on Using Speech Input for Window Navigation (with D. Hindus, M. Ackerman, and S. Manandhar), Proceedings, Human-Computer Interaction, Interact '90, IFIP, August 1990. Phonetool: Integrating Telephones and Workstations (with S. Casner), Proceedings, GLOBECOM '89, IEEE Communications Society, November 1989. Desktop Audio (with B. Arons), UNIX Review, October 1989. Synthetic Speech for Real Time Direction-Giving (with J. Davis), IEEE Transactions on Consumer Electronics, IEEE, September 1989. The Back Seat Driver: Real Time Spoken Driving Instructions (with J. Davis), Proceedings, IEEE Vehicle Navigation Bumble's Exhibit No. 1002 IPR2019-00842 Page 190 of 192 4 of 6 93 and Information Systems Conference, IEEE, Toronto, Canada, September 1989. An Audio and Telephone Server for Multi-media Workstations (with M. McKenna), Proceedings, Second IEEE Conference on Workstations, IEEE, Palo Alto, CA., 1988. Employing Voice Back Channels to Facilitate Audio Document Retrieval, Proceedings, ACM Conference on Office Information Systems (COIS), Santa Clara, CA, 1988. Conversational Telecommunications Environments, Proceedings, Second International Conference on Human- Computer Interaction, 1987. Understanding Speech Without Recognizing Words, Proceedings, American Voice Input/Output Society Conference, AVIOS, 1987. A Robust Parser and Dialog Generator for a Conversational Office System (with B. Arons and C. Simmons), Proceedings, American Voice Input/Output Society Conference, AVIOS, Palo Alto, CA, 1987. Integrated Messages and Network Services for a Personal Workstation, IEEE Workshop on Telematics and Message Handling Systems, IEEE, 1986. Voice Interaction in an Integrated Office and Telecommunications Environment, Proceedings, American Voice Input/Output Society Conference, AVIOS, San Francisco, CA, 1985. Voice Communication with Computers, book chapter in Advances in Human-Computer Interaction, H. R. Hartson ed., 1985. Speech Synthesis Gives Voiced Access to an Electronic Mail System, Speech Technology, Vol. 2, No. 3, Aug/Sept 1984. A Conversational Telephone Messaging System (with B. Arons), IEEE Transactions on Consumer Electronics, IEEE, Vol CE-30, August 1984. Phone Slave: A Graphical Telecommunications Interface (with B. Arons), Proceedings, Society for Information Display International Symposium, SID, San Francisco, CA, June 1984. Input/Display Registration in a Stereoscopic Workstation, Displays, April 1984. Remote Access to Voice and Text Messages, Proceedings, American Voice Input/Output Society Conference, AVIOS, Washington D.C., 1984. Fuzzy Fonts: Analog Models Improve Digital Text Quality, Proceedings, National Computer Graphics Association Conference, Chicago, IL, 1983. Greyscale Fonts Designed From Video Signal Analysis, Society of Applied Learning Technology, Houston, TX, 1983. Spatial Input/Display Correspondence in a Stereoscopic Computer Graphic Work Station, Proceedings, ACM/SIGGRAPH, Detroit, MI, 1983. A Programmable Virtual Vocabulary Speech Processing Peripheral (with W. Bender), Proceedings, American Voice Input/Output Society Conference on Voice Data Entry Systems Applications, AVIOS, 1983. The Intelligent Voice Interactive Interface (with E. A. Hulteen), Proceedings, Human Factors in Computer Systems, National Bureau of Standards/ACM, Gaithersburg, MD, 1982. Bumble's Exhibit No. 1002 IPR2019-00842 Page 191 of 192 5 of 6 93 Interactive Three-Dimensional Computer Space, Proceedings, SPIE Conference on Processing and Display of Three- Dimensional Data, SPIE, San Diego, CA, 1982, Vol. 367. Speech Communications, a Systems' Approach, Proceedings, American Voice Input/Output Society Conference on Entry Systems Applications, 1982. Voice Interaction: Putting Intelligence into the Interface, Proceedings, IEEE International Conference on Cybernetics and Society, IEEE, Seattle, WA, 1982. The Intelligent Ear: A Graphical Interface to Digital Audio, Proceedings, IEEE International Conference on Cybernetics and Society, IEEE, Atlanta, GA, 1981. Soft Typography, Information Processing 1980, IFIPS, S. Lavington ed., North-Holland Publishing Co., 1980. Bumble's Exhibit No. 1002 IPR2019-00842 Page 192 of 192 6 of 6