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U.S. Patent No. 9,294,428

The patent-at-issue, U.S. Patent No. 9,294,428 (“Kinectus”), which was filed on Jan. 17,
2013 with a claim to an earlier priority date of Jan. 18, 2012, provides a system and method for
establishing a communication between mobile device users that register with a collaboration
system. The collaboration system determines a match between profile data of the first registered
mobile device and profile data of the second registered mobile device. Displayed at the first
registered mobile device is a first list of user identifications, which includes an identification of a
user of the second registered mobile device and an identification of a user of at least one other
mobile device. Displayed at the second registered mobile device is a second list of user
identifications. The second list includes an identification of a user of the first registered mobile
device and an identification of at least one other mobile device user.

U.S. Patent US 8,566,327 B2. (“Carrico”), filed on Dec. 19, 2008 with a claim to an
earlier priority date of Dec. 19, 2007, is directed to a method for profile matching comprising
receiving a plurality of user profiles, each user profile comprising traits of a respective user. It
also comprises receiving a preference indication for a first user profile of the plurality of user
profiles. It further comprises determining a potential match user profile of the plurality of user
profiles based on the preference indication for the first user profile. The method also comprises
presenting the potential match user profile to a second user.

A sample claim chart comparing Kinectus to Carrico that maps the key concepts is
provided below.

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 U.S. Patent No. 9,294,428 A. 8,566,327 B2 (“Carrico”)
(“Kinectus”)

1.pre.A method for establishing a A. 8,566,327 B2

communication between mobile Carrico also establishes communication among mobile
devices, comprising: devices by matching user profiles.

“Users 14 interact with a matching server 20 through

terminals 10.” Id at 3:12-13.

“..[T]erminal 10 represents (and is inclusive of) a

personal computer that may be used to access network
24. Alternatively, terminal 10 may be representative of
a cellular telephone, an electronic notebook, a laptop, a
personal digital assistant (PDA), or any other suitable
device (wireless or otherwise: some of which can
perform web browsing), component, or element capable
of accessing one or more elements within system 100.”
Id at 3:34-41 and Figures 1A and 1B.

“Terminal 10 and matching server 20 are

communicatively coupled via network connections 22
and network 24.” Id at 3:20-22.

“Users 14 may also seek to access or to initiate a

communication with other users that may be delivered
via network 24.” Id at 3:26-28.

“Matching server 20 is operable to receive and to

communicate information to terminal 10.” Id at 4:7-
8.

“As an example only, assume registered user, Harry,

uses terminal 10, which in this example is Harry's
personal computer, and establishes communication
with matching server 20.” Id at 12:58-61.
1.a. registering a plurality of mobile A. 8,566,327 B2
devices with a collaboration system, Carrico involves registration of plurality of devices on a
each mobile device including profile matching server.
data;
“…[U]ser 14, using terminal 10, registers with
matching server 20. Registration may include user 14
submitting information to matching server 20 about
user 14 as well as characteristics user 14 is seeking to

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 be matched with. Such information may include a user
handle, which may be a combination of characters that
uniquely identifies user 14 to matching server 20. Id at
4:23-29.

“As part of the registration process, matching server

20 may ask user 14 a series of questions which
identifies characteristics about user 14. Thus, matching
server 20 may ask about the height, weight, age,
location, and ethnicity of user 14. It may also ask
about the birthplace, parents, eating habits,
activities, and goals of user 14. Matching server 20
may further use the registration process to discover what
user 14 may be looking for in a match, Such as age,
weight, height, location, ethnicity, diet, education, etc.”
Id at 4:40-48

“After concluding the registration process, matching

server 20 may store the responses of user 14 as a profile.
This same process may be repeated by several different
users 14, causing matching server 20 to contain a
plurality of profiles.” Id at 5:2-5

“ 1. A computer-implemented method for profile

matching, comprising:
receiving a plurality of user profiles, each user
profile comprising traits of a respective user;….”
(claim 1)

1.b. determining, by the A. 8,566,327 B2

collaboration system, a match
between profile data of a first “…[M]atching server 20 may ask about the height,
registered mobile device and profile weight, age, location, and ethnicity of user 14. It may
data of a second registered mobile also ask about the birthplace, parents, eating habits,
device; activities, and goals of user 14. Matching server 20
may further use the registration process to discover
what user 14 may be looking for in a match, such as
age, weight, height, location, ethnicity, diet,
education, etc. Further, matching server 20 may ask
user 14 to indicate how important certain factors are
when looking for a match. For example, matching
server 20 may allow the user to indicate which
characteristics in a potential match are a necessity.” Id
at4:42-52.

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“Matching server 20 may be configured to search
through the profile of user 14 for keywords that
relate to things such as activities and interests.
Matching server 20 may generate a score for each
entity in pool 30 based on a comparison between the
list of keywords found in user's 14 profile and a
similarly-generated list of keywords of each entity in
pool 30. In one embodiment, this is accomplished by
storing a list of words in memory 26, and using it to
identify keywords in the searched profiles. In some
embodiments, identified keywords may be used as a
means of weighting various scores. As an example
only, a profile that contains the word “God” may be
weighted much differently than a profile which has
merely indicated that their religious preference is
Christian. In various embodiments, this may provide
an advantage to user 14 in that user 14 is able to
determine how similar he/she is with a potential
match. In addition, the keyword analysis may be used
by the system when searching and identifying matches
for a user.” Id at 8:65-9:1-15.

“As an example only, consider two registered users,

Harry and Sally, both of whom have profiles stored in
matching server 20. Matching server 20 then analyzes
each of these profiles by comparing it to a list of
predefined keywords. Matching server 20 then
associates each word that matched the list of keywords
with each profile. Now assume that Harry performs a
search. While fulfilling Harry's query, matching
server 20 evaluates Sally's profile for inclusion in
Harry's result list 31. This evaluation includes
comparing the list of keywords found in Harry's profile
to the keywords found in Sally's profile. The more
keywords that Harry and Sally have in common, the
more likely it will be that matching server 20 will
include Sally's profile in Harry's result list 31.” Id at
9:16-28.

“…[M]atching server 20 may be configured to evaluate

the likelihood of contact between user 14 and an entity
in pool 30. Matching server 20 may be configured to
compare demographic data between user 14 and
pool entity 30 a. In another embodiment, matching
server 20 may be configured to weigh the demographic

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similarities and differences based on the sex of user 14.
The demographic data may include, but is not
limited to, age, education, ethnicity, income, and
location.” Id at 10:49-57.

“Harry has submitted a search request to matching

server 20. While fulfilling this request, matching
server 20 evaluates Sally's profile since her profile is
in pool 30. As part of the evaluation, matching server
20 looks at the differences between Harry and Sally's
stated age, income, education, ethnicity, and
location. In this example, Harry is 10 years older than
Sally, makes $10,000 more per year, and has a Master's
degree while Sally has a bachelor's degree. Even with
these disparities, matching server 20 will give Sally's
profile a high score which makes it more likely that
Sally's profile will appear in Harry's result list.
However, if it was Sally who submitted the search, and
matching server 20 was evaluating Harry's profile, a
different score is possible. So, if it were Sally who was
10 years older, made $10,000 more per year, and had a
Master's degree while Harry had a Bachelor's degree,
matching server 20 would give a low score to Harry's
profile, making it less likely that his profile would
appear in Sally's result list.” Id at 10:59-11:1-9.

“In another embodiment, matching server 20 may be

configured to compare the locations of user 14 and
pool entity 30a in increments of ten miles. In yet
another embodiment, matching server 20 may be
configured to score the location comparison in light of
other factors; as an example, matching system 20 may
be configured to return a score consistent with a 10 mile
difference in location even though there is a 50 mile
difference between user 14 and pool entity 30 a if user
14 and pool entity 30 a have the same income,
education, and age.” Id at 11:14-27

“In other embodiments, matching server 20 may use the

fate characteristics as a metric in the matching process”
Id at 10:20-22.

“In another example, fate characteristics may be used to

decide whether a profile in pool 30 is included in user's
14 result list 31. Assume that Harry is a registered user
who has submitted a matching query to matching server

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 20. While determining which entities to include in
Harry's result list, matching server 20 considers two
profiles: Sally and Roxy. Sally and Harry both have
the same birth date, initials, and have parents that
work in the same profession. In contrast, Roxy and
Harry only share the same birth place. Matching
server 20 may be configured to award more points to
Sally than to Roxy based on these comparisons,
making it more likely that Sally's profile will be
included in Harry's result list.” Id at 10:36-48 and
Figure 3.

“At step 66, matching server 20 may be configured to

apply algorithms to pool 30 that will generate a
plurality of scores for each entity in pool 30. In one
embodiment, these algorithms may include analyzing
the text of the profiles of the entities in pool 30 to
generate a readability score, determining how
attractive an entity of pool 30 is, or measuring how
likely it is that user 14 will contact an entity of pool
30.” Id at 16:40-47
1.c. displaying at the first registered A. 8,566,327 B2
mobile device in response to the
match a first list of user “As an example only, consider that user 14 has
identifications, the first list submitted a search request to matching server 20.
including an identification of a user Matching server 20 may search through pool 30,
of the second registered mobile identify results, and communicate result list 31 to user
device; 14 which would contain other users for whom
matching server 20 had created a profile and who
were identified through a search and selection
process. Next, user 14 may be interested in learning
more about Jane Doe, entity 31a; thus, user 14 would
click view button 33 associated with Jane Doe.
Matching server 20 would receive this request and
respond by displaying Jane Doe's profile (stored in
memory 26), as depicted in FIG. 1F.” Id at 5:49-59

“In the depicted embodiment, a result list 31 is

presented to user 14. A match result entity 31a in a
result list 31 may be associated with a view button 33.”
Id at 5:23-25

“Matching server 20 then associates each word that

matched the list of keywords with each profile. Now
assume that Harry performs a search. While fulfilling

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 Harry's query, matching server 20 evaluates Sally's
profile for inclusion in Harry's result list 31. This
evaluation includes comparing the list of keywords
found in Harry's profile to the keywords found in Sally's
profile. The more keywords that Harry and Sally
have in common, the more likely it will be that
matching server 20 will include Sally's profile in
Harry's result list 31.” Id at 9:20-28.

“….[H]arry may be a registered user of the matching

system. Matching server 20 may be configured to
present to Harry a list of five entities that Harry
must interact with. Once Harry has interacted with
these entities, matching server 20 may present five more
entities for Harry to interact with.” Id at 14:35-39

“Matching server 20 will also allow other users to rate

profiles, thereby collecting a plurality of rankings for
profiles. Matching server 20 may use this data when
trying to find matches for users. One example of this is
that matching server 20 may allow user 14 to specify
that he/she is searching for profiles which have an
average rating of 6 or above. In turn, matching
server 20 may populate user's 14 result list from the
pool only with profiles whose average rating is at 6
or above.” Id at 13:4-12

“determining a first set of results in response to

receiving the request, the first set of results
comprising one or more of the plurality of user
profiles;” (claim 1)

1.d. displaying at the second A. 8,566,327 B2

registered mobile device in response
to the match a second list of user
identifications, the second list “…[m]atching server 20 may assign scores
including an identification of a user differently if it was Sally who was searching and if it
of the first registered mobile device; was Harry's profile that was being evaluated. In this
example, matching server 20 may be configured to
assign Harry's profile 50 points if he were between 1
and 5 years older than her. If he were 6 to 8 years older
than her, matching server 20 may assign 45 points. If he
were greater than 8 years older than her, matching

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 server 20 may assign points in the following fashion: if
he was 9 years older, 40 points would be assigned; if he
was 10 years older, 35 points would be assigned; etc.
However, if he was up to two years younger than Sally,
matching server 20 may assign 50 points to his profile.
If he were more than two years younger, matching
server 20 may assign less points on a sliding scale: 45
points if he were 3 years younger, 40 points if he were 4
years younger, etc. The more points assigned to
Harry's profile, the more like it is that his profile will
appear in Sally's result list. This example illustrates
how matching server 20 may be configured to take the
sex of user 14 into account when scoring based on age
differences. Id at 12:18-37.

1.e. providing at the first registered A. 8,566,327 B2

mobile device an option for the user
of the first registered mobile device “….[m]atching server 20 may present a list of limited
to select or not to select the entities from pool 30 to user 14, but not present other
identification of the second entities to user 14 unless user 14 interacts with the
registered mobile device user from already presented entities. Possible interaction with
the first list; these entities may include viewing more information
regarding the entity, expressing a positive or negative
preference for the entity, and choosing to contact the
entity. Other suitable forms of interaction may also be
utilized. For example, matching server 20 may
prompt the user with a question about the list of
entities, such as asking whether or not the user likes
the entity. Responses to such prompts may include
“yes,” “maybe,” “no,” “remove,” and “remove
other.” Id at 14:11-22.

“Even further, matching server 20 may be configured to

allow user 14 to express a negative preference for the
entity through dislike button 36. In one embodiment,
when, for example, dislike button 36 is utilized by
user 14, matching server 20 may remove the entity
from result list 31; in another embodiment, the entity
may be removed from pool 30 of users from which
matches are identified.” Id at 5:42-48.
1f. providing at the second A. 8,566,327 B2
registered mobile device an option
for the user of the second registered Same as above.

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mobile device to select or not to
select the identification of the first
registered mobile device user from
the second list;
1g. selecting the identification of
the second registered mobile device A. 8,566,327 B2
user from the first list;
“A match result entity 31a in a result list 31 may be
associated with a view button 33. Using interface 16,
user 14 may request that matching server 20 provide
more information about an entity in result list 31 by
pressing the associated view button 33. Matching
server 20 may then communicate to user 14 more
information about that entity by retrieving the
information from memory 26..... Using display 12, user
14 views an entity from result list 31. Matching
server 20 may also provide user 14 with the ability to
contact the entity through a contact button 35. In one
embodiment, when contact button 35 is utilized by user
14, matching server 20 may provide user 14 with
contact information of the entity such as a telephone
number or an e-mail address; in another embodiment,
matching server 20 may provide user 14 with a way to
directly contact the entity, such as sending a message or
providing voice or video communication between user
14 and the entity. Id at 5:24-41

“As an example only, consider that user 14 has

submitted a search request to matching server 20.
Matching server 20 may search through pool 30,
identify results, and communicate result list 31 to user
14 which would contain other users for whom matching
server 20 had created a profile and who were identified
through a search and selection process. Next, user 14
may be interested in learning more about Jane Doe,
entity 31 a; thus, user 14 would click view button 33
associated with Jane Doe. Matching server 20 would
receive this request and respond by displaying Jane
Doe's profile (stored in memory 26), as depicted in FIG.
1F. Next, after reading the profile, user 14 may be
interested in contacting Jane Doe; hence, user 14 would
click contact button 35. Matching server 20 would
respond by allowing user 14 enter a message that
matching server 20 would then communicate to Jane
Doe." Id at 5:49-62

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1h. selecting the identification of the A. 8,566,327 B2
first registered mobile device user
from the second list; Same as above.
1i. generating a notification at the A. 8,566,327 B2
first registered mobile device of at “In various embodiments, matches may be presented
least one of a location or an element to user 14 utilizing other communication schemes,
of the profile data of the second such as electronic messages (i.e., e-mail) or text
registered mobile device; and messages (i.e., utilizing SMS). In the depicted
generating a notification at the embodiment, a result list 31 is presented to user 14. A
second registered mobile device of match result entity 31a in a result list 31 may be
at least one of a location, or an associated with a view button 33. Using interface 16,
element of the profile data of the user 14 may request that matching server 20 provide
first registered mobile device, more information about an entity in result list 31 by
pressing the associated view button 33. Matching
server 20 may then communicate to user 14 more
information about that entity by retrieving the
information from memory 26”. Id at 5:20-30

“After doing so, matching server 20 will notify Harry of

Sally's preference. On Harry's display 12a, matching
server 20 will cause notification 39 to appear,
associating it with Jane Loe. Notification 39 will
indicate to Harry that Sally has recommended Jane
Loe as a potential match. Harry may find Sally's
preference helpful in determining which entities he
should pursue further if, for example, he believes Sally
understands the type of person he is looking for.” Id at
8:55-62.
1j. wherein the profile data of the A. 8,566,327 B2
first registered mobile device or the
second registered mobile device “Using interface 16, user 14 may request that matching
includes at least one of a location, server 20 provide more information about an entity in
an attribute, a status, personal result list 31 by pressing the associated view button 33.
information, a social relationship Matching server 20 may then communicate to user 14
between the first and second more information about that entity by retrieving the
registered mobile device users, a information from memory 26. In FIG. 1F, one
common interest, current or embodiment of information that matching server 20
historical location data, previously provides for user 14 is shown. Using display 12, user 14
or currently selected user views an entity from result list 31. Matching server 20
identifications, or a scanning may also provide user 14 with the ability to contact the
preference or search criteria. entity through a contact button 35.” Id at 5:25-35

For instance,“[u]ser 14 may be interested in learning

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more about Jane Doe, entity 31 a; thus, user 14 would
click view button 33 associated with Jane Doe.
Matching server 20 would receive this request and
respond by displaying Jane Doe's profile (stored in
memory 26), as depicted in FIG. 1F.” Id at 5:54-59.

“As an example only, assume that Harry is a registered

user who has performed a search. After matching server
20 returns a result list, Harry chooses to learn more
about one of the entities in the result list and clicks view
button 33. Consider FIG. 3, which is only an example of
information that matching server 20 may return to Harry
after clicking view button 33. In Harry's display 12,
matching server 20 presents certain details about the
profile. In particular, matching server 20 presents to
Harry a fate notification 32 which points out specific
similarities between the profile of the entity and
Harry's profile. Reading fate notification 32 gives
Harry a sense of familiarity which enhances his
appreciation for the profile. Id at 10:23-35

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