§
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` § CASE NO. 15-10628-MFL-EAS
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`VERSATA SOFTWARE, INC., f/k/a TRILOGY § JURY TRIAL DEMANDED
`SOFTWARE, INC., TRILOGY DEVELOPMENT §
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`GROUP, INC., AND TRILOGY, INC.,
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
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`FORD MOTOR COMPANY,
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`Plaintiff,
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`v.
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`Defendant.
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` VERSATA DEVELOPMENT GROUP, INC., F/K/A TRILOGY DEVELOPMENT
`GROUP, INC., VERSATA SOFTWARE, INC., F/K/A TRILOGY DEVELOPMENT
`GROUP, INC., AND TRILOGY, INC.’S
`PRELIMINARY PROPOSED CONSTRUCTIONS FOR
` PROPOSED TERMS AND CLAIM ELEMENTS FOR CONSTRUCTION
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`Versata Development Group, Inc., Versata Software, Inc., and Trilogy, Inc. (collectively
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`“Versata”) provides the following preliminary proposed constructions for terms and claim
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`elements. Any term not offered for construction or any term for which Versata has not offered a
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`construction should be construed according to its plain and ordinary meaning. Versata reserves
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`the right to revise its preliminary proposed constructions as part of the meet and confer process.
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`Page 1 of 11
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`U.S. Patent No. 5,825,651
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` Terms
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`Versata’s Proposed Construction
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`system (claim 60 and 72)
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`Plain and Ordinary Meaning
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`configuration user (claim 60)
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`identifying a set of valid configuration
`options (claim 60)
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`Previously Construed
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`product relationships (claim 60)
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`part relationships (claim 60)
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`configuration state (claim 60)
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`notActivateable (claims 61, 68, and 70)
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`active/includes/excludes/removes/requires
`choice relationship (claims 61, 64, 65, 66,
`and 67)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 6,405,308
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`Terms
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`Versata’s Proposed Construction
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`Terms for construction pursuant to 35
`U.S.C. § 112(¶6):
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`means for including the element in a
`configuration of the system… (claim 34)
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`means for including the element as an
`optional element in the configuration of
`the system … (claim 34)
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`
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`Function: including the element in a
`configuration of the system as an included element
`if the element is automatically included in the
`configuration of the system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:12-27.
`Function: including the element as an optional
`element in the configuration of the system if the
`element is not a necessary component of the
`system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
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`means for including the element as a
`required choice in the configuration of the
`system… (claim 34)
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`means for including the second element
`set in the configuration of the system…
`(claim 35)
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`means for excluding the second element
`set from the system… (claim 35)
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`means for removing the second element
`set from the system… (claim 35)
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`means for including in the configuration
`of the system one or more elements in a
`group of elements… (claim 36)
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`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:12-27.
`Function: including the element a required
`choice in the configuration of the system if the
`element is a group that contains one or more
`members from which to choose
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:12-27.
`Function: including the second element set in the
`configuration of the system if the first element set
`is present in the system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:37-58.
`Function: excluding the second element set from
`the system when the first element set is present in
`the system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:37-58.
`Function: removing the second element set from
`the system when the first element set is present in
`the system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:37-58.
`Function: including in the configuration of the
`system one or more elements in a group of
`elements when the first element set is present in
`the system
`Structure: a general purpose computer such as
`illustrated in FIG. 1 specially programmed to
`implement the graphical user interface (GUI) and
`functionality shown in Fig. 6 and described in col.
`2:42-46, 8:12-27.
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`2
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`Other terms for construction:
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`user input (claims 1, 4, 9, 10, and 12)
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`system (claims 1, 6, 9, 11, 14, 18, 20, and
`28-36)
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`obtaining, analyzing (claim 1)
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`evaluating said set of relationships
`forward and backward (claim 5)
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`obtain, determine (claim 9)
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`configuring a system (claims 18, 28, and
`34)
`component relationships (claims 1 and
`18)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 6,675,294
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` Terms
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`Versata’s Proposed Construction
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`Terms for construction pursuant to 35
`U.S.C. § 112(¶6):
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`means for obtaining user input… (claim
`32)
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`means for analyzing the at least one
`selected element to determine... (claim
`32)
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`means for selecting at least one element
`of the product… (claim 33)
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`
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`Function: obtaining user input, the user input
`identifying at least one selected element from a
`plurality of displayed elements
`Structure: a general purpose computer such as
`illustrated in FIG. 1, including a keyboard or a
`mouse, and programmed to implement
`functionality described in 4:46-48, 6:5-6, Fig. 9
`element 902, 9:9-12, 12:16-17.
`Function: analyzing the at least one selected
`element to determine if activating a set of element
`relationships associated with the at least one
`selected element results in a valid product
`configuration in accordance with a definition of
`the product, wherein the definition of the product
`comprises a set of element relationships
`identifying classifications for interrelating each
`element with at least one other element
`Structure: a general purpose computer such as
`illustrated in FIG. 1 and programmed to
`implement functionality described in 2:59-61,
`13:8-11 and 3:13-15.
`Function: selecting at least one element of the
`product from a plurality of elements displayed by
`a first computer system
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`3
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`means for sending a user input to a
`second computer system… (claim 33)
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`means for receiving with the first
`computer system a configuration state of
`the product… (claim 33)
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`Other terms for construction:
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`Structure: a general purpose computer such as
`illustrated in FIG. 1, including a keyboard or a
`mouse; and programmed to implement
`functionality described in 2:45-49, Fig. 9 element
`902, 9:9-12, 12:16-17.
`Function: sending a user input to a second
`computer system that identifies the at least one
`selected element
`Structure: a general purpose computer such as
`illustrated in FIG. 1, including I/O block 119
`Function: receiving with the first computer
`system a configuration state of the product in
`accordance with an analysis of the at least one
`selected element to determine if activating a set of
`element relationships associated with the at least
`one selected element results in a valid product
`configuration in accordance with a definition of
`the product, wherein the definition of the product
`comprises a set of element relationships
`identifying classifications for interrelating each
`element with at least one other element
`Structure: a general purpose computer such as
`illustrated in FIG. 1, including I/O block 119,
`and programmed to implement functionality
`described in 2:59-61, 13:8-11 and 3:13-15.
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`user input (claims 1, 11, 21, 32, and 33)
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`Plain and Ordinary Meaning
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`configuring a product/system (claims 1,
`11, 21, 32, and 33)
`obtaining, analyzing (claims 1 and 32)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`obtain, determine if activating (claim 11)
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`Plain and Ordinary Meaning
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`selecting, sending, receiving (claims 21
`and 33)
`second computer system (claims 21, 26,
`and 33)
`displaying (claim 26)
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`element relationships (claims 1, 2, 11, 21,
`32, and 33)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 7,200,582
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`Terms
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`Versata’s Proposed Construction
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`‘set’ equation (claims 1, 2, and 4)
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`Plain and Ordinary Meaning
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`4
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`U.S. Patent No. 7,464,064
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`Terms
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`Versata’s Proposed Construction
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`‘set’ equation (claims 1, 2, 4, 6, 7, 8, 9,
`11, 13, 15, 16, 17, 19, 21, 23, 24, 25, and
`27)
`set math routines (claims 4, 13, 21, and
`27)
`set routines (claim 25)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 7,739,080
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`Terms
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`Versata’s Proposed Construction
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`Terms for construction pursuant to 35
`U.S.C. § 112(¶6):
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`means for identifying a conflict between
`at least two of the configuration models
`(claim 22)
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`means for extending… (claim 22)
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`means for removing… (claim 22)
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`means for combining… (claim 22)
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`Function: identifying a conflict between at least
`two of the configuration models
`Structure: A computer system such as the
`computer system in Fig. 13 that is specially
`programmed to implement the consolidation
`process and structure of Fig. 7, element 710.
`Function: extending at least one of the ancestor
`configuration model family spaces of the
`conflicting configuration models
`Structure: A computer system such as the
`computer system in Fig. 13 that is specially
`programmed to implement the consolidation
`process and structure of Fig. 7, element 710.
`Function: removing from the child configuration
`model family space any configuration space
`extended in the ancestor of the child configuration
`family space
`Structure: A computer system such as the
`computer system in Fig. 13 that is specially
`programmed to implement the consolidation
`process and structure of Fig. 7, element 710.
`Function: combining the first and second
`configuration models into a single, consolidated
`model
`Structure: A computer system such as the
`computer system in Fig. 13 that is specially
`programmed to implement the consolidation
`process and structure of Fig. 7, element 710.
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`Other terms for construction:
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`configuration model (claims 1, 3, 4, 5, 7,
`8, 9, 11, 13, 14, 15, 17, 18, 19, 20, 21 and
`22)
`multiple configuration models of a
`[configurable] product (claims 1, 3, 4, and
`22)
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`configuration space (claims 1, 3, 4, 7, 8,
`9, 13, 14, 15, 19, 20, 21 and 22)
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`extending at least one of the ancestor
`configuration model family spaces
`(claims 1, 3, 4, 13, 19, and 22)
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`removing from the child configuration
`model family space (claims 1, 3, 4, 7, 13,
`19 and 22)
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 7,882,057
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`Terms
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`Versata’s Proposed Construction
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`Terms for construction pursuant to 35
`U.S.C. § 112(¶6):
`means for receiving… (claim 45)
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`means for dividing… (claim 45)
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`means for processing… (claim 45)
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`means for generating… (claim 45)
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`Function: receiving one or more configuration
`queries representing a questions involving parts
`and part relationships in a configuration of a
`configurable product
`Structure: A computer system including
`input/output device 819 (Fig. 8).
`Function: dividing one or more configuration
`queries into multiple configuration sub-queries,
`wherein the multiple configuration sub-queries
`represent the one or more configuration queries
`Structure: a computer system in which a sub-
`model processing system 400 and sub-model
`inference procedure 406 may be practiced, Fig. 4
`and col. 5:24-6:15, 6:50-51.
`Function: processing each sub-query using at
`least one configuration sub-model per sub-query
`Structure: a computer system in which a sub-
`model processing system 400 and sub-model
`inference procedure 408 may be practiced, Fig. 4,
`col. 6:16-21 and 52-61.
`Function: generating a response to the one or
`more configuration queries based upon the
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`means for providing… (claim 45
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`means for dividing… (claim 46)
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`Other terms for construction:
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`dividing one or more configuration
`queries into multiple configuration sub-
`queries (claims 1, 17, 18, 30, 31, 44, and
`45)
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`processing each sub-query using at least
`one configuration sub-model per sub-
`query (claims 1, 17, 18, 30, 31, 44, and
`45)
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`processing of each sub-query using at least one
`configuration sub-model per sub-query
`Structure: a computer system in which a sub-
`model processing system 400 and sub-model
`inference procedure 410 may be practiced, Fig. 4,
`col. 6:22-23 and 63-65.
`Function: providing the response to the one or
`more configuration queries as data for display by a
`display device
`Structure: A computer system including
`input/output device 819 (Fig. 8).
`Function: dividing a consolidated configuration
`model into the configuration sub-models.
`Structure: a computer system in which a sub-
`model processing system 400 and sub-model
`inference procedure 404 may be practiced, Fig. 4,
`col. 4:54-58 and 6:47-49.
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`U.S. Patent No. 8,805,825
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`Terms
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`Versata’s Proposed Construction
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`Terms for construction pursuant to 35
`U.S.C. § 112(¶6):
`means for receiving… (claim 16)
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`means for processing… (claim 16)
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`Function: receiving one or more attribute-based
`configuration queries from a client system
`Structure: A computer system including
`input/output device 919 (Fig. 9).
`Function: processing the one or more attribute-
`based configuration queries, configuration rules,
`and attribute based preference algorithm
`Structure: A computer system processor and
`memory of Fig. 9 that is specially programmed in
`which a combined configuration rules-attribute
`configuration system 500 and combined
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`means for predetermining… (claim 16)
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`means for storing the predetermined
`values (claim 16)
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`means for retrieving… (claim 16)
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`means for receiving… (claims 16 and 20)
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`means for prioritizing… (claims 16 and
`20)
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`means for providing… (claim 16)
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`configuration rules-attribute configuration process
`606 may be practiced. Fig. 6, col. 7:49-63.
`Function: predetermining values of one or more
`combinations of attributes associated with
`respective configuration answers
`Structure: A computer system processor and
`memory of Fig. 9 that is specially programmed in
`which a combined configuration rules-attribute
`configuration system 500 and combined
`configuration rules-attribute configuration process
`606 may be practiced. Fig. 6, col. 7:49-63.
`Function: storing the predetermined values
`Structure: A computer system including mass
`storage memory 909 (Fig. 9).
`Function: retrieving the stored predetermined
`values associated with a particular valid
`configuration answer if the particular valid
`configuration is an answer to one or more of the
`attribute-based configuration queries
`Structure: A computer system processor and
`memory of Fig. 9 that is specially programmed in
`which a combined configuration rules-attribute
`configuration system 500 and combined
`configuration rules-attribute configuration process
`608 may be practiced. Fig. 6, col. 7:64-8:6.
`Function: receiving a selection of at least one of
`the one or more product attributes to be
`prioritized
`Structure: A computer system including
`input/output device 919 (Fig. 9) that is specially
`programmed to perform operation 604 of Fig. 6,
`col. 7:14-16.
`Function: prioritizing the valid configuration
`answers by one or more of the plurality of
`attributes in the combined configuration rules-
`attributes model
`Structure: A computer system including
`input/output device 919 (Fig. 9) that is specially
`programmed to perform operation 606 of Fig. 6,
`7:40-48, 7:49-52, 7:58-61, 63-65.
`Function: providing at least a subset of the valid
`configuration answers to the client system,
`wherein the provided valid configuration answers
`are prioritized by one or more of the plurality of
`attributes
`Structure: A computer system including
`input/output device 919 (Fig. 9) that is specially
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`programmed to perform operation 608 of Fig. 6,
`7:65-8:1.
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`Plain and Ordinary Meaning
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`Plain and Ordinary Meaning
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`weighted based on selected attribute types and
`values.
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`Other terms for construction:
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`attribute (all claims)
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`combined configuration rules-attributes
`model (claims 1, 6, 11, 16, 17, 18, 19,
`and 20)
`attribute prioritized
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`FORD 1009
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`/s/ Steven J. Mitby
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`AHMAD, ZAVITSANOS, ANAIPAKOS, ALAVI
`& MENSING, P.C.
`1221 McKinney, Ste. 2500
`Houston, TX 77010
`(713) 655-1101
`smitby@azalaw.com
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`Rodger D. Young (P22652)
`Jason D. Killips (P67883)
`YOUNG & ASSOCIATES
`27725 Stansbury Blvd., Suite 125
`Farmington Hills, MI 48334
`248.353.8620
`efiling@youngpc.com
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`Attorneys for Defendants
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`4848-8806-6098, v. 3
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`Dated: June 16, 2016
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`FORD 1009