DECLARATION OF JAMES L. OLIVIER
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`1.
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`My name is James L. Olivier. I am over the age of twenty-one (21)
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`years, of sound mind and capable of making the statements set forth in this
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`Declaration. I am competent to testify to matters set forth herein. All the facts and
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`statements contained herein are within my personal knowledge and they are, in all
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`things, true and correct.
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`Education and Experience
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`2.
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`My experience and education are detailed in my curriculum vitae,
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`which is attached as Appendix 1 to this declaration.
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`3.
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`I earned a Bachelor’s of Science Degree in Electrical Engineering, a
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`Master’s Degree in Electrical Engineering, and a Ph.D. degree in Electrical
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`Engineering, all from The Ohio State University. I received my Bachelor’s Degree
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`in Electrical Engineering from The Ohio State University in 1983. I received my
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`Master’s Degree in Electrical Engineering from The Ohio State University in 1985.
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`My main area of study was computer system design and software engineering. I
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`received my Ph.D. in Electrical Engineering along with a minor in Computer
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`Science, Microelectronics, Semiconductor Fabrication, and Discrete Mathematics
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`from The Ohio State University in 1988.
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`HCC INSURANCE HOLDINGS, INC.
`Exhibit 1002
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`Page 1 of 246
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`1.
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`My name is James L. Olivier. I am over the age of twenty-one (21)
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`years, of sound mind and capable of making the statements set forth in this
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`Declaration. I am competent to testify to matters set forth herein. All the facts and
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`statements contained herein are within my personal knowledge and they are, in all
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`things, true and correct.
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`Education and Experience
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`2.
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`My experience and education are detailed in my curriculum vitae,
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`which is attached as Appendix 1 to this declaration.
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`3.
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`I earned a Bachelor’s of Science Degree in Electrical Engineering, a
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`Master’s Degree in Electrical Engineering, and a Ph.D. degree in Electrical
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`Engineering, all from The Ohio State University. I received my Bachelor’s Degree
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`in Electrical Engineering from The Ohio State University in 1983. I received my
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`Master’s Degree in Electrical Engineering from The Ohio State University in 1985.
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`My main area of study was computer system design and software engineering. I
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`received my Ph.D. in Electrical Engineering along with a minor in Computer
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`Science, Microelectronics, Semiconductor Fabrication, and Discrete Mathematics
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`from The Ohio State University in 1988.
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`HCC INSURANCE HOLDINGS, INC.
`Exhibit 1002
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`Page 1 of 246
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`4.
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`My area of expertise is in computer system design, software
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`engineering and telecommunications.
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`5.
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`I have been working in the field of computer system design and
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`software engineering since my academic career began. A more detailed account of
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`my work experience and other qualifications is listed in my Curriculum Vitae.
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`Cases in which I have testified as an expert either at a trial, hearing, or deposition
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`during the previous five years are listed in Appendix 2 attached to this declaration.
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`6.
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`I personally have studied, conducted research and worked in the
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`field computer system design and software engineering since my graduate school
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`days at The Ohio State University. My Master’s Thesis was on Artificial
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`intelligence (AI) and my Ph.D. dissertation was based on computer design and was
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`titled “Concurrent Error Detection in Arithmetic Processors using GAN Codes.”
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`7.
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`I have been involved in the development of software for computer
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`systems since my work at AT&T Bell Laboratory. Later at DSC, I was the Senior
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`Manager of the ATM systems engineering group developing ATM packet switches
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`for Motorola’s Cellular Switches. At Samsung, I was a Principal Engineer for
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`wireless broadband services over UMTS. At Marconi I worked on a number of
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`computer systems for the access market, such as DSL modems, and DSLAMs. At
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`Navini Networks I was responsible for layer 2 and layer 3 network protocols for
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`their CDMA broadband modems. All of these systems make use of software
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`computer systems.
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`8.
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`I am familiar with the knowledge and capabilities of a person of
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`ordinary skill in the art (POSITA) in the area of computer software systems and in
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`particular agent-based computing. Specifically, I am familiar with the
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`understandings of one of ordinary skill in the art prior to and during the period in
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`which U.S. Patent No. 7,949,752 (“the ‘752 Patent”) was allegedly invented, and
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`my testimony herein when referring to one of ordinary skill, and what was known
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`in the art, refers to that period.
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`Compensation
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`9.
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`I am being compensated by the Petitioner at the rate of $495.00 per
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`hour for my assistance with its Inter Partes Review (IPR) and, specifically, for my
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`time spent reviewing documents in association with the IPR and in preparing my
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`testimony. Additionally, I am not, and have never been, an employee of Petitioner,
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`and my compensation is not dependent upon the outcome of this proceeding.
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`Technology Background
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`10.
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`It was well known at the time the ‘752 Patent was filed to charge on
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`a per-unit of time basis for online data access time or inquiry. For example,
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`Internet services providers, such as America Online, charged consumers for online
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`data access time or inquiry on a per-unit of time basis, such as $9.95 for the first 5
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`hours, and then $2.95 per hour thereafter. Peter H. Lewis, New Flat Rate Creates
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`Surge In Use of America Online, THE NEW YORK TIMES, Dec. 3, 1996,
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`http://www.nytimes.com/1996/12/03/business/new-flat-rate-creates-surge-in-use-
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`of-america-online.html, attached as Appendix 3.
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`11.
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`At the time of the ‘752 Patent, a POSITA would understand that an
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`acceptable cost level (e.g., for server charges) represents a discrete unit of a service
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`resource which can be used up. (e.g., money and/or data access time).
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`12.
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`At the time the ‘752 Patent was filed, a POSITA would understand
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`that a cost per-unit of time represents a discrete quantity that can be used up (e.g.,
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`money).
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`13.
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`At the time the ‘752 Patent was filed, a POSITA would know that it
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`was well known to store programs as instructions on a non-transitory computer-
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`readable medium, such as floppy disks. For example, U.S. Patent No. 4,590,557,
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`filed September 12, 1983, issued May 20, 1986 (attached hereto as Appendix 4)
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`teaches that it was well-known to market software in the form of computer-
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`readable media, such as floppy disks. U.S. Patent No. 4,590,557 at 1:21-32.
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`14.
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`A POSITA would readily understand that programs, once compiled,
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`are stored as instructions executable by a processor. It is appreciated that user
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`interfaces for enabling a user to create programs were well known at the time the
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`‘752 Patent was filed. JavaBeans are reusable software components which can be
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`manipulated visually by a graphical user interface builder. See U.S. Patent No.
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`6,356,931 (attached hereto as Appendix 5), at 1:5-19, 4:53-5:4.
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`15.
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`A POSITA at the time the ‘752 Patent was filed would understand
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`that the Java code (e.g., the registerMe.java code) could be modified using a text
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`editor. See U.S. Patent No. 6,356,931, at 1:5-19.
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`16.
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`A POSITA at the time the ‘752 Patent was filed would understand
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`user interfaces for enabling a user to install or create executable programs were
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`well known at the time the ‘752 Patent was filed. For example, at the time the ‘752
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`Patent was filed, it was well known that the Unix shell provided a user interface
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`that allows users to create, install and run executable programs.
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`17.
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`A POSITA at the time the ‘752 Patent was filed would understand
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`that event handlers were well known. Event handlers were well known
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`programing constructs for use in interfacing computer programs with the users or
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`other exterior generators of events. See U.S. Patent No. 5,430,875 (attached hereto
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`as Appendix 7), 1:12- 2:68. Polling was a common method used to implement
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`event handlers. See U.S. Patent No. 5,430,875, 1:44 - 61.
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`18.
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`At the time the ‘752 Patent was filed, it was well known to charge
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`users on a per-unit of time basis for access to supercomputers. For example,
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`according to the Alabama Supercomputer Center User Manual, Fifth Edition,
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`published March 1997, hereinafter ASC User Manual, attached hereto as Appendix
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`6, usage commands can be used to present session cost information to a user, such
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`as to show the user’s account dollar balance. ASC User Manual, 21. Further, the
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`ASC User Manual indicates that an account will automatically be prohibited from
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`further processing when the account limit is exceeded, and that when this occurs, a
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`user will receive a message stating that the dollar limit has been exceeded for a
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`requested session. ASC User Manual, 20. Access to the supercomputer is charged
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`based on a per-unit of time basis (e.g., a “recorded hour”) which is calculated by
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`the accounting system based on CPU time, interactive connect time, memory
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`usage, and disk access. ASC User Manual, 18, 19.
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`19.
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`At the time the ‘752 Patent was filed, it was well known to use
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`remote logins to access network devices. For example, remote logins could be
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`accomplished using a number of common Unix tools, such as ssh, rsh, rlogin, and
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`telnet. In particular, ssh “secure shell”, was available to provide a secure login.
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`See Tatu Ylonen, SSH - Secure Login Connections over the Internet,
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`PROCEEDINGS OF THE SIXTH USENIX UNIX SECURITY SYMPOSIUM, SAN JOSE
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`CALIFORNIA, July 1996 (attached hereto as Appendix 8), Abstract.
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`Analysis of the ‘752 Patent
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`20.
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`I have reviewed the ‘752 Patent. The ‘752 Patent describes a
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`computer system including an agent server and one or more agents, as shown in
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`FIG. 1 of the ‘752 Patent, reproduced below. ‘752 Patent, FIG. 1, Abstract,
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`5:23-30.
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`21.
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`The agents provided by the system are extensible (e.g.,
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`programmable) by “end-users” (i.e., entities capable of logging into the system).
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`‘752 Patent, 2:5-64. The agents perform operations using conventional computer
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`components, such as a central processing unit (CPU) or processor, and memory
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`storage devices. ‘752 Patent, 4:53-67. A communication line couples a user
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`device to the agent server to facilitate exchanges of data between the user device
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`and the agent server. ‘752 Patent, 14:48-57. The user device presents a graphical
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`user interface (GUI) to the user that enables the user to interact with the agent
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`server, such as to provide data to, and view data received from, the agent server.
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`‘752 Patent, 6:16-48. The ‘752 Patent teaches that the GUI is implemented as a
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`forms-capable browser capable of interpreting hypertext markup language
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`(HTML) code that can provide forms including fill-in text boxes, portion buttons,
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`dropdown lists, radio buttons, and the like, which can be utilized by the user to
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`provide inputs to the system. ‘752 Patent, 6:16-48.
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`22.
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`During operation, the user provides commands to the agent server
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`via the GUI, which are used to interact with, execute, modify, and select agents
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`provided by the agent server. ‘752 Patent, FIGs. 9-12; 18:62-22:11. The
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`commands include agent commands (e.g., commands to run an agent), agent
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`template commands (e.g., commands to modify an agent template), and selection
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`commands (e.g., commands instructing the network system to focus on a particular
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`template or a particular agent in order to provide a context for any subsequent
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`template or agent command). ‘752 Patent, 8:1-6, 19:12-25. The ‘752 Patent
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`teaches that agent templates are classes from which agents can be created by
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`instantiating the class/template. ‘752 Patent, 8:1-6, 19:12-25. The commands are
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`issued by the user to: 1) provide services to the user, such as by issuing agent
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`commands; 2) modify the agents, such as by issuing template commands; and 3)
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`select an agent, such as by issuing a select template command, which can then be
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`run (e.g., by subsequently issuing an agent command for the selected agent) or
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`modified (e.g., by subsequently issuing a template command for the selected
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`agent). ‘752 Patent, FIGs. 9-12; 18:62-22:11.
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`23.
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`When providing a service to the user, the agents perform various
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`tasks that consume computational resources (e.g., processing time, memory storage
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`space, elapsed time, and the like) and service resources (e.g., disk space, Internet
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`connections, online data access time). ‘752 Patent, FIGs. 1, 2, 8:15-23, 9:31-33,
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`10:59-11:5, 12:45-14:24, 15:54-16:4, 18:1-21, 22:17-21. The ‘752 Patent teaches
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`that online data access time or inquiry service resources are consumed as an agent
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`retrieves data. ‘752 Patent, 11:6-16. A service resource may comprise discrete
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`units which are consumed by agents. ‘752 Patent, 11:6-16. For example, the ‘752
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`Patent teaches that on-line data retrieval may comprise units of data-access time or
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`inquiry consumed as an agent retrieves data (e.g., information or files relating to
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`stock quotes or newspaper articles). ‘752 Patent, 11:6-16.
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`Analysis of the ‘752 Patent Prosecution History
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`24.
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`I have reviewed the prosecution history for the ‘752 Patent. The
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`‘752 Patent was filed on November 24, 2004 and assigned U.S. Patent Application
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`No. 10/995,159 (hereinafter “the ‘159 Application”). The ‘752 Patent is a
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`continuation of U.S. Patent Application No. 09/712,712, now U.S. Patent No.
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`6,839,733, which is a continuation of U.S. Patent Application No. 09/178,366,
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`filed on October 23, 1998, now U.S. Patent No. 6,163,794. The ‘159 Application,
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`as originally filed, included 76 claims, which were canceled and replaced by new
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`claims 77-97 in a preliminary amendment. File History November 24, 2004
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`Preliminary Amendment at 3-6. In response to the Restriction Requirement mailed
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`December 15, 2008, restricting claims 77-97 into Group I (claims 77-85) and
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`Group II (claims 86-97), Applicant canceled the claims of Group I, elected the
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`claims of Group II, and added new claims 98-106. File History December 15,
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`2008 Restriction Requirement at 2; March 16, 2009 Response to Restriction
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`Requirement at 2-7.
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`25.
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`Following the response filed on March 16, 2009, several Office
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`Actions were issued, and responses including amendments were filed attempting to
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`distinguish the claims over various aspects pertaining to claim features directed to
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`service resources and service resources being consumed and/or exhausted. File
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`History May 5, 2009 OA; August 5, 2009 Response to OA (arguing the cited
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`reference(s) did not teach “using a service and a service resource configured to be
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`consumed by the agent when performing the operation”) (emphasis original);
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`October 30, 2009 OA; November 13, 2009 Response to OA (arguing the cited
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`reference(s) did not teach “a service resource configured to be consumed by the
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`agent . . . wherein the service resource is exhausted after it is consumed by the
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`agent”) (emphasis original); December 9, 2009 Supplemental Amendment and
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`Reply (arguing the cited reference(s) did not teach “a service resource configured
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`to be consumed by the agent . . . wherein the service resource is exhausted after it
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`is consumed by the agent”); May 25, 2010 OA; October 20, 2010 Response to OA
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`(arguing the cited reference(s) did not teach “wherein an amount of the service
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`resource is exhausted upon being consumed by the agent” and “wherein a
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`discrete unit of the service resource is exhausted upon being consumed by the
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`agent”) (emphasis original).
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`26.
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`On November 8, 2010, an Office Action was mailed, finally
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`rejecting claims 86-93, 107-112, and 120-140 of the ‘159 Application. File
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`History November 8, 2010 Final Office Action. Further, the Final Office Action
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`indicated that claim 135, which recited “identifying the predetermined event by a
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`URL, wherein the URL defines a type of the predetermined event and a recipient
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`network based agent,” was objected to as being dependent upon a rejected base
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`claim, but would be allowable if rewritten in independent form. File History
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`November 8, 2010 Final Office Action at 5. The independent claims were
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`subsequently amended to include the subject matter of claim 135. File History
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`January 4, 2011 Response to Final Office Action at 2-12.
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`27.
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`Nowhere in the prosecution history of the ‘159 Application did the
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`Examiner appear to be aware of using uniform resource locators (URLs) to identify
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`an event or a recipient, such as an agent. However, using URLs to identify an
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`event or a recipient was well known to a POSITA at the time the ‘159 Application
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`was filed. As an example, Goddard, which was published in May of 1997, teaches
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`techniques for using URLs to identify events and agents, as described in more
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`detail below.
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`A Person of Ordinary Skill
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`28.
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`In my opinion, a person of ordinary skill in the art of the ‘752
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`Patent at the time of the alleged invention would typically be a person with a
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`bachelor’s degree in computer science or electrical engineering and 3 – 5 years of
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`experience in computer software systems.
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`Claim Construction
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`29.
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`I understand that, in an inter partes review, a claim in an unexpired
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`patent is given the “broadest reasonable construction in light of the specification of
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`the patent in which it appears.” 37 C.F.R. § 42.100(b); Cuozzo Speed Techs., LLC
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`v. Michelle K. Lee, 579 U.S. ___ (2016) (concluding that the Patent Office’s use of
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`the broadest reasonable construction standard during inter partes review
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`proceedings is reasonable). Petitioner therefore requests that the claim terms be
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`given their broadest reasonable interpretation (“BRI”), as understood by one of
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`ordinary skill in the art and consistent with the disclosure. See Office Patent Trial
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`Practice Guide, 77 Fed. Reg. 48756, 48764 (Aug. 14, 2012).
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`30.
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`The following summarizes how certain claim phrases of the ‘752
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`Patent should be construed for purposes of this Inter Partes Review:
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`31.
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` “event handler” – The ‘752 Patent teaches that event handlers
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`comprise a routine which includes data and instructions for handling a particular
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`event. ‘752 Patent, 18: 22 – 28. The ‘752 Patent teaches that the event handler is
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`part of the agent. See ‘752 Patent, 26:27 – 31, 27:22 – 28, 28:12-20. Therefore,
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`when given its BRI, the term “event handler” should be construed as “a software
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`routine in an agent for handling an occurrence of an event comprising instructions
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`and data.”
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`32.
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`Claim 1 of the ‘752 Patent recites “means for receiving data for
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`creating a network-based agent” (emphasis added). This term is a means-plus-
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`function element. The function is “receiving data for creating a network-based
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`agent.” The ‘752 Patent discloses that a communication line enables
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`communication via the interconnection of computers via the Internet. ‘752 Patent,
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`6:16-27, 14:48-57. Thus, the BRI of the means for carrying out the above-
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`identified function is a computing device operable to receive information over a
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`communication line.
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`33.
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`Claim 1 of the ‘752 Patent further recites “means for invoking, in
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`response to receiving a URL defining a type of event and identifying the
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`network-based agent, an execution of the network-based agent” (emphasis
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`added). This term is a means-plus-function element. The function is “invoking an
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`execution of the network-based agent in response to receiving a URL defining a
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`type of event and identifying the network-based agent.” The corresponding
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`structure is an agent server. The ‘752 Patent states “agent server 20 may invoke,
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`initiate, or execute various routines, processes, objects, and the like. For example,
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`when a user wishes to interact with network system 2 via graphical user interface
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`12, agent server 20 may cause web pages to be downloaded to an electronic user
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`device. . . . Additional functionality of agent server 20 includes, but is not limited
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`to, executing agent objects, identifying computational and service permissions, and
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`controlling the consumption of computational and service resources.” ‘752 Patent,
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`7:47-65. Further, the ‘752 Patent states “This allows a web server providing a
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`graphical user interface to network system 10 to receive HyperText Transfer
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`Protocol (HTTP) requests for the web page at the URL so that agent server 20 can
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`relay the event to the particular agent 22. ” ‘752 Patent, 18:34-38. Thus, the BRI
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`of the means for carrying out the above-identified function is an agent server.
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`34.
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`Claim 1 of the ‘752 Patent further recites “means, including the
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`network-based agent, for using a service and a service resource configured to be
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`consumed by the network-based agent for performing the operation” (emphasis
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`added). This term is a means-plus-function element. The function is “using a
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`service and a service resource configured to be consumed by the network-based
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`agent for performing the operation.” The corresponding structure is an agent. For
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`example, the ‘752 Patent states “agents 22 may also use or consume various
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`service resources (described below in more detail) during the performance of their
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`respective tasks.” ‘752 Patent, 9:26-39. Thus, the BRI of the means for carrying
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`out the above-identified function is an agent.
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`35.
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`Claim 1 of the ‘752 Patent further recites “means for
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`communicating a result of the operation over a network communications link”
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`(emphasis added). This term is a means-plus-function element. The function is
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`“communicating a result of the operation over a network communications link.”
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`The corresponding structure is a communication line. The ‘752 Patent discloses
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`that a communication line enables communication via the interconnection of
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`computers via the Internet. ‘752 Patent, 6:16-27, 14:48-57. Thus, the BRI of the
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`means for carrying out the above-identified function is a communication line.
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`36.
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`Claim 6 of the ‘752 Patent recites “means for allowing a user to
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`modify the network-based agent” (emphasis added). This term is a means-plus-
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`function element. The function is “allowing a user to modify the network-based
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`agent.” The corresponding structure is a network system. For example, the ‘752
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`Patent states “network system 2 allows users (e.g., subscribers) to create, copy,
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`modify, edit, or delete agents 22 and the associated templates as desired, thereby
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`affording extensibility.” ‘752 Patent, 10:12-15. Thus, the BRI of the means for
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`carrying out the above-identified function is a network system.
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`Analysis of Prior Art to the ‘752 Patent
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`37.
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`I have reviewed U.S. Patent No. 6,029,175 to Chow (hereinafter
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`“Chow”). Chow teaches that data in a web-based system changes rapidly, and that
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`when Chow was filed, a server could not contact a client device to inform the
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`client that the data has been changed. Chow, 3:1-18. Chow discloses that a
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`solution could be configuring the server to provide an interval for the data to be
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`refreshed, such as indicating that the document will become stale (e.g., expire) at a
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`specified time (e.g., Wednesday, Dec. 7, 1994 22:03:39 GMT). Chow, 3:1-37.
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`But, Chow teaches that this solution does not enable the server to automatically
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`refresh the information without user intervention. Chow, 3:1-37.
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`38.
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`To solve these problems, Chow discloses a network agent, referred
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`to as a Revision Manager (RM), that operates as an intermediary between a client
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`(e.g., a browser of a client terminal) and a server (e.g., a local or remote network
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`server) to automatically detect a change to a resource (e.g., a document, a web
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`page, etc.), to notify the client of that the resource has changed, and to retrieve the
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`changed resource from the server. Chow, FIGs. 3, 36, Abstract, 3:60-4:5, 26:18-
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`27:51. Chow teaches that the RM could be provided in connection with a
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`commercial software program to provide an automatic software update distribution
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`service to users of the program. Chow, 20:65-21:10, 39:26-44. In view of Chow’s
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`teachings that the RM could be provided in connection with a commercial software
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`program, and the general common knowledge of a POSITA that commercial
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`software was commonly stored on floppy disks, a POSITA would understand that
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`the RM could be provided as software stored on an article of manufacture
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`including a non-transitory computer-readable medium, such as a floppy disk, and
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`would have been motivated to do so because it would simplify the process of
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`installing the RM software in multiple systems, such as the system illustrated in
`
`FIG. 31 of Chow, which includes multiple RMs. Chow, FIG. 31. Chow also
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`teaches that the RM can interact with Unix-based systems and browsers. Chow,
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`1:60-63, 39:4-25.
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`39.
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`The RM can be a dedicated computer programmed to implement
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`the functions of the RM, or one of many different programs executed by a
`
`computer. Chow, 9:45-51. FIG. 34 of Chow, reproduced below, teaches that a
`
`computer programmed to implement the operations of the RM includes a
`
`processor, a disk storage, a random access memory (RAM), and a network
`
`interface that communicatively couples the RM to other nodes, such as user
`
`workstations, to facilitate the exchange of information between the RM and other
`
`nodes. Chow, FIGs. 1, 3, 5, 34, Abstract, 3:60-4:5, 9:23-32, 25:15-47.
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`A POSITA would recognize that when the RM is implemented as a software
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`program, the RM program is stored as instructions executable by the processor to
`
`perform RM operations. Chow, 20:65- 21:10.
`
`40.
`
`Data structures for implementing the RM’s functionality are stored
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`in the RM’s RAM, or in the disk storage, where the processor reads the data
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`structures from the disk storage and writes them to the RAM as needed during the
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`RM’s operations. Chow, FIG. 34, 25:15-47. The data structures include: a
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`directory of objects that is accessed to determine whether a specified object is
`
`recognized by the RM; a log of changes including information indicating changes
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`to the objects in the cache of objects and providing an audit trail of changes in the
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`objects over time; object’s interested client lists including information that
`
`identifies clients interested in receiving notifications of significant changes in an
`
`object and time stamps indicating when the clients were last notified of change in
`
`an object; significant change detection methods which are used to determine
`
`whether a change in an object of interest is significant enough for recording in a
`
`log of changes to objects, and for updating the version of the object that is stored in
`
`the cache of objects; a directory of clients that includes a list of clients being
`
`serviced by the RM; a client’s list of objects of interest; and a client's significant
`
`change detection methods (e.g., predetermined procedures used to compute
`
`changes in altered objects of interest and to determine which changes should
`
`trigger a notification to the interested clients). Chow, FIG. 34, 25:15-26:60. A
`
`GUI provides users the ability to modify their significant change detection
`
`methods. Chow, FIGs. 23-30, 36, 26:18-27:51. In view of Chow’s teachings that
`
`the RM performs operations on behalf of a user, such as to monitor resources for
`
`changes and provide change notifications to the user, and Chow’s teachings that
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`the user can modify the way the RM operates, such as to modify the significant
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`change detection method, a POSITA at the time the ‘752 Patent was filed would
`
`understand that the RM of Chow is an agent that performs user customized
`
`network-based operations.
`
`41.
`
`The cache of objects stores copies of monitored resources (e.g.,
`
`documents), and, the RM may serve a requested resource to an interested user from
`
`the cache of objects. Chow, 27:53-63. When the RM intercepts a request for a
`
`resource, a CGI service (RM_route.pl) retrieves the resource from the remote
`
`server, and stores a copy in the RM’s cache of objects. Chow, 9:44-10:11. Chow
`
`teaches that the RM checks a time stamp in its directory of objects to determine
`
`when an object was last updated, and that, if more than a certain time has elapsed
`
`(e.g., 10 minutes) since the last update, the RM searches for a source for the object.
`
`Chow, FIG. 45, 2:31-41, 9:1-7, 25:48-26:17, 29:20-30:57, 32:59-40:17. The RM
`
`checks costs, such as communication charges, server charges, and copyright holder
`
`charges, associated with retrieving the document from a source. Id. Chow further
`
`teaches that that RM can check costs associated with retrieving a document from
`
`different sources, and select a source for the document when the cost would not
`
`exceed an acceptable level. Chow, 25:48-26:17. At the time the ‘752 Patent was
`
`filed it was well-known to charge users for access to online data on a per-unit of
`
`time basis, such as charging a monetary amount per hour (e.g., $22.80 per hour).
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`Accordingly, a POSITA at the time the ‘752 Patent was filed would recognize that
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`communication charges and server charges, as taught by Chow, represent
`
`exhaustible service resources that are consumed by the RM polling Daemon during
`
`its operation. Further, a POSITA would readily recognize that the RM of Chow
`
`uses a service (e.g., retrieving a document) and a service resource (e.g., costs
`
`associated with retrieving the document) configured to be consumed by the RM for
`
`performing the operation, and that the structure for performing this functionality is
`
`the RM polling Daemon, which is an agent. Chow, FIG. 45, 2:31-41, 9:1-7, 25:48-
`
`26:17, 29:60-30:34, 34:36-40:17.
`
`42.
`
`Users interact with the RM using a browser interface (e.g., a GUI)
`
`that receives inputs to designate a resource that the RM should monitor and/or
`
`retrieve, and a port number of the user’s local machine where notifications and
`
`copies of the resource can be provided to the browser. Chow, FIGs. 5, 6, 23-30,
`
`3:54-64, 5:32-63, 15-6:15. The system of Chow provides a browser interface that
`
`supports forms which allow a user to provide instructions to, or control the
`
`operations of, the RM, such as to modify the significant change detection method,
`
`or configure an update interval or to specify a resource to be monitored. Chow,
`
`FIGs. 5, 6, 14, 17, 23-30, 36, 4:54-5:31, 26:18-25, 27:35-51. For example, FIG. 5
`
`of Chow, reproduced below, illustrates an exemplary GUI for specifying resources
`
`to be monitored for changes by the RM.
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`43.
`
`As illustrated in FIG. 5, above, the user specifies a resource for
`
`monitoring by the RM as a URL. Chow, FIGs. 23, 3:54-64, 5:32-63. Additionally,
`
`Chow teaches that a user could provide a program to the RM to, for example,
`
`monitor prices of certain stocks and bonds and notify the user if the price changes
`
`by more than 5% over a week. Chow, 26:38-60. A POSITA at the time the ‘752
`
`Patent was filed would recognize that the RM of Chow runs on a network system
`
`that allows a user to modify agents of the RM. Chow, 9:25-32, 26:38-60.
`
`44.
`
`The RM includes: a RM Daemon, a polling Daemon, and a set of
`
`CGI scripts. Chow, FIG. 2, 9:23-10:30. The RM Daemon process starts by
`
`reading command line arguments and a server configuration file in order to
`
`customize itself to reflect the configuration of the host system and how it should
`
`act as a server in response to requests from a client browser. Chow, FIG. 8, 11:35-
`
`42. With reference to FIG. 8, the relevant portions of which are reproduced below,
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`Chow discloses that the RM Daemon process starts by reading command line
`
`arguments and a server configuration file in order to customize itself to reflect the
`
`configuration of the host system and how it should act as a server in response to
`
`requests from a client browser. Chow, FIG. 8, 11:35-42.
`
`
`
`A POSITA at the time the ‘752 Patent was filed would understand that the server
`
`configuration file of Chow is an agent template that is used to initialize the
`
`configuration of an agent (e.g., the RM), and that modification of the server
`
`configuration file would modify the agent template, thereby creating a user-
`
`customized agent. A POSITA would understand that Chow teaches that the RM
`
`receives data (e.g., the command line information) for creating a network-based
`
`agent, and also teaches that the structure for receiving the data as being a
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`computing device having a communication line. Chow, FIGs. 1, 3, 5, 34, Abstract,
`
`3:60-4:5, 9:23-32, 25:15-47.
`
`45.
`
`The RM Daemon facilitates communication between the RM and
`
`the user’s client web browser. Chow, 9:45-11:17. The RM polling Daemon,
`
`which is an agent, is spawned by the RM Daemon at start-up. Chow, 10:40-50.
`
`The RM polling Daemon handles various events that occur during the RM’s
`
`operations
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