UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`TIZ, INC. d/b/a PROVI
`
`Petitioner,
`
`v.
`
`JASON K. SMITH d/b/a DUST BOWL
`
`Patent Owner
`
`DECLARATION OF DR. PAUL MIN, PH.D.
`REGARDING PETITION FOR COVERED BUSINESS METHOD REVIEW
`OF
`U.S. PATENT NO. 10,467,585
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PROVI-1008 - Page 1
`
`
`
`_________________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`__________________________________
`
`TIZ, INC. d/b/a PROVI
`
`Petitioner,
`
`v.
`
`JASON K. SMITH d/b/a DUST BOWL
`
`Patent Owner
`
`DECLARATION OF DR. PAUL MIN, PH.D.
`REGARDING PETITION FOR COVERED BUSINESS METHOD REVIEW
`OF
`U.S. PATENT NO. 10,467,585
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent & Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PROVI-1008 - Page 1
`
`
`
`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
`
`Table of Contents
`
`Page
`
`INTRODUCTION ........................................................................................... 1
`
`PERSON OF ORDINARY SKILL IN THE ART .......................................... 9
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`
`
`I.
`
`II.
`
`III. OVERVIEW OF THE ’585 PATENT ............................................................ 9
`
`A.
`B.
`
`The Computer System Described In The ’585 Patent ........................... 9
`The ’585 Patent Claims .......................................................................18
`
`IV. THE ’585 PATENT CLAIMS MERELY RECITE COMPUTER
`AUTOMATION OF TRADITIONALLY MENTAL AND MANUAL
`METHODS OF FACILITATING THE PURCHASE OF ITEMS BY
`COLLECTING, ANALYZING AND TRANSMITTING
`INFORMATION RELATED TO INVENTORY, PROMOTIONS
`AND PARTICULAR SELLERS...................................................................57
`
`V. NO IMPROVEMENT OR TECHNOLOGICAL INVENTION IS
`DESCRIBED IN THE CLAIMS ...................................................................58
`
`A.
`
`B.
`
`The Claims Do Not Recite An Improvement To Computer
`Components Or Their Function Nor Do They Recite Any Novel
`And Unobvious Technological Feature ..............................................58
`The ’585 Patent Does Not Solve A Technical Problem With A
`Technical Solution ...............................................................................73
`
`VI. THE CLAIMED COMPUTER COMPONENTS AND SOFTWARE
`WERE CONVENTIONAL IN 2015 .............................................................74
`
`VII. CONCLUSION ..............................................................................................76
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`PROVI-1008 - Page 2
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`I.
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`INTRODUCTION
`
`1. My name is Paul Min. I am an expert in the field of high speed
`
`communication and computing; in particular, in the development of electronic
`
`devices, software systems, and related applications. I am currently a Senior
`
`Professor in the Department of Electrical and Systems Engineering at Washington
`
`University in Saint Louis.
`
`2.
`
`I received a Bachelors in Science (B.S.) degree in Electrical
`
`Engineering in 1982, Masters in Science (M.S.) degree in Electrical Engineering in
`
`1984, and a Ph.D. degree in Electrical Engineering in 1987 from the University of
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`Michigan in Ann Arbor. I received several academic honors, including my B.S.
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`degree with honors, a best graduate student award and a best teaching assistant
`
`award during my M.S. study, and a best paper award from a major international
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`conference for reporting results from my Ph.D. thesis.
`
`3.
`
`I have received multiple awards for my publications and contributions
`
`to technical communication systems. In 1988, I received the Best Paper Award at
`
`18th ISATA Award of Technical Excellence in Florence, Italy. I was also a
`
`Rockwell Fellow at the University of Michigan in Ann Arbor in 1988 and 1989. I
`
`received a Research Initiation Award in 1993 from the Defense Advance Research
`
`Project Agency (DARPA). I received the Best Paper Award at MOBILITY 2011 in
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`Barcelona, Spain.
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`4.
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`After receiving my Ph.D., I worked at Bellcore in New Jersey from
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`August 1987 until August 1990. At Bellcore, I was responsible for evolving the
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`public switched telephone network (PSTN) into a multi-services voice and data
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`network that incorporated packet switches, optical technologies, and wireless
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`technologies. I received an Outstanding Achievement Award for my contributions
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`to Bellcore in 1989.
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`5.
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`In September 1990, I joined the faculty at Washington University in
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`St. Louis. At Washington University, I developed a communication and computer
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`curricula in the School of Engineering and Applied Science. I regularly teach
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`undergraduate and graduate courses. In July 1996, I was promoted to an Associate
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`Professor of Electrical Engineering with tenure. I am currently a Senior Professor
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`of Electrical and Systems Engineering at Washington University. I have served as
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`the Chair of the Graduate Curriculum (2000–2002), and the Chair of the
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`Undergraduate Curriculum (2011–2014) for the Department of Electrical and
`
`Systems Engineering.
`
`6.
`
`As a faculty member at Washington University, I have taught a
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`number of courses in electronics, communication, and computing at both the
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`undergraduate and graduate levels. For example, I have taught Communication
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`Theory (Washington University ESE 471), Transmission and Multiplexing
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`(Washington University ESE 571), and Signaling and Control of Communication
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`Networks (Washington University ESE 572).
`
`7.
`
`I have directly supervised around 100 graduate students, 12 of whom
`
`received a doctoral degree under my guidance. A number of doctoral theses that I
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`have supervised relate specifically to the aforementioned communication and
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`computing technologies related to this litigation. My students and I have published
`
`a number of peer-reviewed articles in these topics.
`
`8.
`
`In addition to my responsibilities as a university faculty member, I
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`have founded two companies. In May 1997, I founded MinMax Technologies,
`
`Inc., a fabless semiconductor company that developed switch fabric integrated
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`circuit chips for the Internet. In March 1999, I founded Erlang Technology, Inc., a
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`fabless semiconductor company that focused on the design and development of
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`integrated circuit chips and software for the Internet. One of Erlang’s products
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`received a best product of the year award in 2004 from a major trade journal for
`
`the electronics industry.
`
`9.
`
`I have also designed and deployed several e-commerce
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`communication systems. For example, in the mid-1990s, I worked with Cisco
`
`Systems (www.cisco.com) for number of years to deploy network monitoring
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`systems that ensured the proper functioning of server-based web-transactions.
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`Many of the servers involved in this effort had significant e-commerce functions,
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`PROVI-1008 - Page 5
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`by which the client devices can place orders, make payments, check order status,
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`etc. In addition, at Washington University in the mid-2000s, a group of students
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`and I developed a campus-wide social networking application for the campus
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`community, which provided location tracking, calendar management, buy and sell
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`ordering, and payment and receipt.
`
`10. Outside of my own start-up companies, I have also served in various
`
`technology and business advisor roles for other companies and organizations
`
`around the world. I was the main technical author for one of two winning
`
`proposals to the Korean government for CDMA wireless service licenses (1996). I
`
`was responsible for designing a commercial scale IS-95 CDMA cellular network,
`
`which I understand to be one of the earliest such networks deployed in the world. I
`
`worked with numerous engineers and scientists around the world to implement this
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`commercial-scale cellular network before IS-95 CDMA was widely accepted. This
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`provided me with extensive insight into various components of commercial-scale
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`communication technology used today. I have also been involved in a
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`semiconductor company that specializes in semiconductor memories, such as flash
`
`EEPROMs, as a board member and as a technical advisor (2007–2011).
`
`11. At Washington University, I have conducted research in
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`communication, computing, and related electronic hardware and software. My
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`research group has pioneered a new paradigm for computing and communication
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`systems that can alleviate the speed and performance mismatch against optical
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`technology. I have received several grants from U.S. Federal Agencies, including
`
`the National Science Foundation (NSF), the Defense Advanced Research Project
`
`Agency (DARPA), and the Air Force Office of Scientific Research (AFOSR), and
`
`numerous contracts from companies and organizations around the world.
`
`12. My research group has significantly contributed to the development of
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`future generations of wireless technology. I developed methods that enable
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`coordinated transmission and reception of wireless signals among multiple base
`
`stations. Previously, radio signals from multiple base stations were considered as
`
`interference. Leveraging my research, a cluster of base stations can work together
`
`as a single resource enhancing the quality of radio signals across extremely noisy
`
`wireless channels.
`
`13.
`
`I am a named inventor on eleven U.S. patents. I have authored and
`
`co-authored about 200 technical papers and memoranda, about 100 of which have
`
`appeared in various peer-reviewed international journals and conferences. I have
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`given more than 100 seminars and invited talks around the world. I have organized
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`several international conferences and served as an international journal editor.
`
`14.
`
`I have received multiple awards for my publications and contributions
`
`to technical communication systems. In 1988, I received the Best Paper Award at
`
`18th ISATA Award of Technical Excellence in Florence, Italy. I was also a
`
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`PROVI-1008 - Page 7
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`Rockwell Fellow at the University of Michigan in Ann Arbor in 1988 and 1989. I
`
`received a Research Initiation Award in 1993 from the Defense Advance Research
`
`Project Agency (DARPA). I received the Best Paper Award at MOBILITY 2011
`
`in Barcelona, Spain. In my nearly 30 years of experience with telecommunications
`
`technology, I have acquired significant knowledge about telecommunications
`
`systems industry standards and standard setting organizations such as ANSI, IEEE,
`
`ITU, IETF, and 3GPP. At this juncture in my professional career, I personally
`
`worked on many variations of communication networks, and have extensive
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`knowledge and skills in networked systems, both wired and wireless. Moreover, I
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`have also worked on numerous e-commerce systems and their specific
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`architectures, in particular, when these systems are deployed over the networked
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`systems. As such, I have extensive knowledge and skills regarding the inner
`
`workings of the e-commerce systems.
`
`15.
`
`I am a member of, and have been actively involved in, a number of
`
`professional organizations. I have served as the Chair of the St. Louis Section of
`
`the IEEE, which has more than 3,000 members (2014), and a member of the Eta
`
`Kappa Nu Honor Society for electrical engineers. I have also been an Ambassador
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`of the McDonnell International Scholars Academy (2007–2013).
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`PROVI-1008 - Page 8
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`16.
`
`I was a member of the Presidential Business Advisors Committee (to
`
`President George W. Bush) and was named 2002 Businessman of the Year by the
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`Wall Street Journal for the State of Missouri, for my entrepreneurial efforts.
`
`17. Additional details of my education and work experience, awards and
`
`honors, and publications that may be relevant to the opinions I have formed are set
`
`forth in my curriculum vitae. See Appendix A.
`
`18.
`
`I have been retained by counsel for Tiz, Inc. d/b/a Provi (“Petitioner”)
`
`for the above-captioned covered business method review proceeding. I understand
`
`that this proceeding involves U.S. Patent No. 10,467,585, entitled “Beverage
`
`Product Acquisition and Inventory Management System” by Jason K. Smith, filed
`
`March 4, 2006, and claims priority to a United States Provisional Application
`
`Serial No. 62/132,623, filed March 13, 2015 (“the ’585 Patent”). PROVI-1001.
`
`19.
`
`I have reviewed and am familiar with the specification and claims of
`
`the ’585 Patent. I have reviewed and am familiar with the file history of the ’585
`
`Patent and the cited references. I understand the file history has been provided as
`
`PROVI-1002, and the references have been provided as PROVI-1009 (Vanker et
`
`al), PROVI-1010 (Mesaros), PROVI-1011 (Greeven et al.), and PROVI-1012
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`(Tietzen et al.).
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`PROVI-1008 - Page 9
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`20.
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`I also reviewed and am familiar with the following references used in
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`my Declaration and the Petition for Covered Business Method Review of the ’585
`
`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
`
`Patent.
`
`Exhibit
`
`Description
`
`PROVI-1001
`
`US Patent No. 10,467,585
`
`PROVI-1002
`
`File History of US 10,467,585
`
`PROVI-1009
`
`US 2002/0099631 to Vanker et al.
`
`PROVI-1010
`
`US 2012/0203611 to Mesaros
`
`PROVI-1011
`
`US 2002/0143434 to Greeven et al.
`
`PROVI-1012
`
`US 2011/10320246 to Tietzen et al.
`
`PROVI-1013
`
`Microsoft Computer Dictionary Fifth Edition (2002)
`
`PROVI-1014
`
`US 5,774,670 to Montulli
`
`PROVI-1015
`
`Microsoft Press Release dated October 8, 2003
`
`PROVI-1016
`
`WO 2004/079485 to Whitwell
`
`PROVI-1017
`
`US 7,548,877 to Palazzo
`
`PROVI-1018
`
`US 7,343,315 to Wittmer
`
`PROVI-1019
`
`US 7,263,495 to Rodriquez
`
`PROVI-1020
`
`US 2005/0144082 to Coolman
`
`PROVI-1021
`
`US 5,649,114 to Deaton
`
`PROVI-1022
`
`WO00/42548 to Matalon
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`PROVI-1023
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`US 4,882,675 to Nichtberger
`
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`PROVI-1008 - Page 10
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`
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`PROVI-1024
`
`B. Boiko, Understanding Content Management, Bulletin of the American
`Society for Information Science and Technology—October/November 2001
`
`PROVI-1025
`
`US 2002/0123957 entitled Method and Apparatus For Marketing and
`Communicating In The Wine/Spirits Industry
`
`PROVI-1026
`
`WO92/20030 entitled Method and Apparatus For Selective Distribution of
`Discount Coupons
`
`PROVI-1027
`
`US 7,136,830 to Kuelbs et al
`
`PROVI-1028
`
`US 7,539,628 to Bennett et al.
`
`PROVI-1029
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`US 7,814,002 to DeFrancesco et al.
`
`
`
`II.
`
`PERSON OF ORDINARY SKILL IN THE ART
`
`21. A person of ordinary skill in the art at the time of the ’585 Patent
`
`would have had the equivalent of a Bachelor’s degree or higher in electrical
`
`engineering, computer science or computer networking, and at least 2 years
`
`working experience designing communication systems. This description is
`
`approximate, and a higher level of education or will might make up for less
`
`education and vice versa.
`
`III. OVERVIEW OF THE ’585 PATENT
`
`A. The Computer System Described In The ’585 Patent
`
`22. The ’585 Patent, entitled “Beverage Product Acquisition And
`
`Inventory Management System” relates to an electronic commerce system (E-
`
`commerce system). E-commerce systems are, in fact, basic communications
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`PROVI-1008 - Page 11
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`systems used to transmit information or data between computers via a network to
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`effectuate a placing an order for purchase, making a payment, checking status, etc.
`
`23. The “networked beverage inventory management and acquisition
`
`system” of the ’585 Patent is depicted in FIG 1. Below is a reproduction of FIG. 1
`
`that I have annotated to include the patent’s descriptions of the computer
`
`components in the described system. See ’585 Patent, FIG. 1, 2:24-24; 3:11-25;
`
`10:60-63.
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`PROVI-1008 - Page 12
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`“In various embodiments, supplier
`device 102, sales representative
`device 108, distributor device
`114, server 120, and merchant
`devices 124 and 130 may be
`desktop computers, laptop
`computers, tablet computers,
`smartphones, personal digital
`assistant, or any other
`programmable electronic device
`capable of communicating with
`the other devices…via network.”
`‘585 Patent, 3:18-25
`
`“Server 120 includes
`communications fabric [],
`which provides
`communications between
`computer processor(s) [],
`memory [], persistent storage
`
`[], communications unit [],
`and input/output (I/O
`interfaces [].” ’585 Patent,
`
`10:60-63
`
`
`
`“Network 136 may be a wide
`area network (WAN), such as
`the internet, a local area
`network (LAN), or any other
`suitable network. In general,
`network 136 may be any
`combination of connections
`and protocols that will
`support communications
`between various other devices
`and computing systems . . .”
`’585 Patent, 3:11-16
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`PROVI-1008 - Page 13
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`24. As depicted above, the networked beverage inventory management
`
`and acquisition system 100 includes a server 120 and multiple devices, i.e.,
`
`supplier device 102, sales representative device 108, distributor device 114, and
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`merchant devices 124, 130 over a network 136. This system was known as a
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`client-server communication system. The multiple devices are known as “clients.”
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`Like all communication systems, system 100 routes information or data (depicted
`
`by the lines) between the server 120 and the client devices 102, 108, 114, 124 and
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`130 over the network 136. This means that the communication system is a full
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`duplex bidirectional client-server communication system, which has been known
`
`for decades. It is bidirectional because information passes from and to or between
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`the server 120 and devices 102,108,114,124,130.
`
`25. A client-server communications system, such as the one described in
`
`the ’585 Patent, is a collection of computer components that are integrated into a
`
`coherent system. This allows different entities (e.g., the server and clients) to stay
`
`in touch by transmitting (or routing to a particular destination) and receiving
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`information or data over a geographically distributed network. Routing (and
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`receiving) information or data across a network is as old as the Public Switched
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`Telephone Network (PSTN), which has been used since the 19th century, to route
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`call to a destination based upon a phone number. Aside from telephone networks,
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`routing information on computers is also a basic building block of modern
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`communication networks, such as the Internet.
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`26. The patent depicts the server 120 in FIG. 8 (reproduced below).
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`27. The server 120 in FIG. 8 is also described in the patent as a generic
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`computer component made up of standard and off-the-shelf components. For
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`example, as depicted and explained in the patent, the server includes a
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`“communications fabric” 802 or “bus”, “processor(s) 804,” “memory 806,”
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`“persistent storage 902,” “I/O interface(s) 812” and “communications unit 810.”
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`See, ’585 Patent, 10:60-63; 11:2-3 (discussing server components). The patent
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`also broadly contends that FIG. 8 “does not imply any limitations with regard to
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`PROVI-1008 - Page 15
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`the environments in which different embodiments may be implemented.” Id.
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`10:56-60. The system, thus, can be used in any field; not only to order beverages.
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`28. The server also includes application software—the “content
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`management system (‘CMS’) 122” stored in persistent storage 902. Id. 2:56-59.;
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`FIG. 8. The patent asserts that the CMS solves problems with “fragmented”
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`systems by providing “a streamlined and robust system of managing beverage
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`product inventory and ordering.” Id. 2:53-58. But, as I discuss below, content
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`management systems are off-the-shelf, generic products that have been available
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`since at least early 2002. See, e.g., PROVI-10151 (Microsoft’s content
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`management system.) And the patent fails to describe how the CMS would
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`achieve this goal, especially when all of the other components in the system are
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`stated to encompass any old communication device on any type of network.
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`1 PROVI-1015 is a true and accurate copy of a Microsoft press release dated
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`October 8, 2003, available at https://news.microsoft.com/2003/10/08/microsoft-
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`expands-content-management-server-offerings-to-meet-increased-demand-for-
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`web-content-management/. I personally provided this exhibit to counsel on or
`
`about September 9, 2020. This is a type of document that experts in my field rely
`
`upon in forming an opinion. The contents of this exhibit also comport with my
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`knowledge and experience.
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`PROVI-1008 - Page 16
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`29. FIG. 8 also illustrates that the server is in communication with display
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`and external devices. The patent states the display is any “mechanism to display
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`data to a user and may be, for example, an embedded display screen or touch
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`screen.” ’585 Patent, 11:55-57. The “external devices” are just as ubiquitous--“a
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`keyboard, keypad, a touch screen, a camera, and/or some other suitable input
`
`device.” Id. 11:44-46.
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`30. This generic communication system (which was commonplace before
`
`2015) is used to implement a method, such as the one depicted in FIG. 2
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`(reproduced below).
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`31. The method described in the ’585 Patent involves receiving a list of
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`products, i.e., information, from a first user or a merchant. This is represented in
`
`step 202. This information includes the number of units of a product in the
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`merchant’s inventory (on-hand value) and the number of units desired (par value),
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`Step 204. With this information, the system can determine, presumably by a
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`calculation as simple as a third grader can perform in his mind, how many units of
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`product are needed to manage the merchant’s inventory, Step 206. The computer
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`then generates a purchase order representing the needed units for inventory
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`management, Step 208.
`
`32. The patent describes that for some products may have a promotion
`
`available. ’585 Patent, 7:53-8:10. If available, the merchant can select that
`
`available promotion for a particular product (210). Id. The patent states that when
`
`the available promotion is selected, the price of the product for which it applies is
`
`adjusted. See, e.g., claim 1. Thus, the “promotion” could be a coupon, although
`
`the patent describes the promotion only functionally and provides no examples of
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`promotions.
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`33. When an available promotion is missed, the computer can transmit an
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`alert to the merchant. If no promotion is missed, the purchase order is placed and
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`the distributor that sells the particular products in the purchase order request
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`receives the order to fulfill it. ’585 Patent, 8:55-9:12.
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`34. These functions, however, represent the intended purpose of the
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`components in any communication system long before 2015. Computers
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`notoriously received information, identified information, generated information
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`and transmitted information at least as early as 1990. Computers could also
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`calculate data and more at the time.
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`35. The ’585 Patent purports that its system and method improve
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`“interoperability and streamlining of business enterprise computer systems”
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`PROVI-1008 - Page 19
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`thereby “improv[ing] the operation of a business and avoid[ing] problems of loss
`
`and communication.” Id. 2:48-51. It further assigns these lofty claims to the CMS
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`component (id. 57-60). But as I explain below in connection with claim 6 (the
`
`only independent claim reciting this component), CMSs were widely known as
`
`conventional off-the-shelf products as early as 2002. Moreover, the ’585 Patent
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`never describes how the CMS component individually or the communication
`
`system as a whole are, and how they improve and streamline systems of managing
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`a beverage product acquisition system. See, id. 2:50-65 (describing improvements).
`
`B.
`
`The ’585 Patent Claims
`
`36. The ’585 Patent has 19 claims, of which claims 1, 6 and 14 are
`
`independent. Method-type claims 1 and 6 recite “[a]method of optimizing
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`computerized inventory orders over a distributed network” and “[a] method of
`
`identifying a product distributor based on electronic location information.” 585
`
`Patent, 13:35-15:47.
`
`37. Computer software-type claim 14 recites “[a] non-transitory
`
`computer-readable medium having stored therein computer program instructions
`
`for automating generating beverage sub-orders based on associated metadata”.
`
`38. As discussed below, the ’585 Patent claims merely describe at a high
`
`level of generality the use of generic computer components and off-the-shelf
`
`software for facilitating a purchase by collecting, analyzing, and transmitting
`
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`- 18 -
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`PROVI-1008 - Page 20
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`
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`information related to inventory, promotions, and available sellers. These were
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`well-known economic practices, as Patent Owner admits, that were conducted on
`
`pen and paper. PROVI-1002, 170-171 (admitting merchants would manage
`
`inventory on Excel sheets or on paper and call each distributor specific to a
`
`product).
`
`(i)
`
`Independent Claims 1, 6 and 14
`
`39.
`
`Independent Claim 1 recites (see ’595 Patent 13:35-14:15):
`
`A method of optimizing computerized inventory orders over a distributed
`
`network comprising:
`
`receiving, from a first user device connected to the distributed
`
`network, a list of one or more products, the list including a par value and an
`
`inventory value associated with each of the one or more products, the par
`
`value and inventory value corresponding to a single delivery location;
`
`responsive to receiving the list of one or more products, determining,
`
`by one or more processors, an inventory order for the single delivery
`
`location based, at least in part, on the associated par value and the associated
`
`inventory value of each of the one or more products;
`
`receiving, from a second user device connected to the distributed
`
`network, a set of available promotions;
`
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`- 19 -
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`PROVI-1008 - Page 21
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`responsive to receiving the set of available promotions, transmitting,
`
`over the distributed network by the one or more processors, the set of
`
`available promotions associated with at least one of the one or more
`
`products to the first user device;
`
`receiving, from the first user device, a selection of at least one
`
`promotion of the set of available promotions;
`
`automatically adjusting, by the one or more processors, a price of
`
`at least one of the one or more products associated with the at least one
`
`promotion to the inventory order;
`
`outputting to a display on the first user device, an updated
`
`inventory order including the adjusted price of the at least one of the one or
`
`more products associated with the at least one promotion;
`
`receiving, by the one or more processors, a user confirmation for
`
`the updated inventory order for delivery of the one or more products to the
`
`single delivery location;
`
`identifying, by the one or more processors, respective distributors
`
`associated with each product of the one or more products within the updated
`
`inventory order, wherein each of the products is associated with a single
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`distributor;
`
`- 20 -
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`PROVI-1008 - Page 22
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`
`
`
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`generating, by the one or more processors, a plurality of distributor
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`specific inventory orders for each distributor identified as providing a
`
`product within the updated inventory order, wherein the plurality of
`
`distributor specific inventory orders each include a different format; and
`
`transmitting by the one or more processors, the plurality of
`
`distributor specific inventory orders to each of the identified distributors
`
`for fulfillment of the updated inventory order for the delivery location.
`
`40. The only recited claimed hardware is “first user device,” “second user
`
`device” and “one or more processors,” and no device or technology is claimed with
`
`respect to the receiving steps recited in the claims.
`
`41. Also, the first and second user devices are described so broadly in the
`
`specification that they encompass any programmable electronic device capable of
`
`communicating with other devices. But neither the claim (nor the specification)
`
`describes any special programming of those devices. The user devices, regardless
`
`of the actor using it, can also be other well-known generic computers components.
`
`In various embodiments, supplier device 102, sales representative device 108,
`distributor device 114, server 120, and merchant devices 124 and 130 may be
`desktop computers, laptop computers, tablet computers, smartphones,
`personal digital assistant, or any other programmable electronic device
`capable of communicating with the other devices…via network.”
`
`’585 Patent, 3:18-25
`
`
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`- 21 -
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`PROVI-1008 - Page 23
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`
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
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`
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`42. The “one or more processors” is described as “microprocessors,
`
`communications and network processors, etc.” (’585 Patent, 10:65-68). These are
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`also generic computer components. See, PROVI-1013, 433, 102, 142 (defining
`
`processors, central processing units, and microprocessors in standard computer
`
`dictionary).2 And, as already noted, the recited display can be any “mechanism to
`
`display data.” 11:55-57.
`
`43. All of the claimed components, as admitted in the patent itself, are
`
`generic, non-specialized computer hardware. This is further described below in
`
`Section V, incorporated by reference herein.
`
`44. The remaining elements of Claim 1 are all functional steps that are
`
`well-understood, routine and intended activities performed by the generic
`
`computer components recited in the claim. The claims merely recite the concept of
`
`passing information to and from various actors and the “one or more processors.”
`
`
`2 PROVI-1013 is a true and accurate copy of a Microsoft Computer Dictionary 5th
`
`edition, 2002, from my personal reference documents. I personally provided this
`
`exhibit to counsel for this declaration on or about September 9, 2020 for this
`
`declaration. This is a type of document that experts in my field rely upon in forming
`
`an opinion. The contents of this exhibit also comport with my knowledge and
`
`experience.
`
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`- 22 -
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`PROVI-1008 - Page 24
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`
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`Declaration of Paul Min, Ph.D.
`U.S. Patent No. 10,467,585
`
`
`The computer components, in any communications system, do not care whether the
`
`information or data being routed is a list of products, a promotion, a number
`
`representing units of inventor on-hand or desired, an alert, or some other form of
`
`notification. From the computer’s perspective all information or data, regardless
`
`of what it represents, is translated by the computer into binary code represented as
`
`“0s” or “1s.” PROVI-1013, 67. Because of this, the type of information being
`
`passed does not make a conventional system unconventional in any way.
`
`45. Generally, the recited functional steps are:
`
`(a) “receiving” a list of one or more products, the list including par value and
`
`inventory value associated with the products, promotion information,
`
`confirmation,
`
`(b) “determining” an inventory order for a single delivery location based on
`
`the par and inventory value
`
`(c) “receiving” a set of available promotions
`
`(d) “transmitting” the set of available promotions
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`(e) “receiving” selection of available promotions
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`(f) “adjusting” price of product associated with promotion
`
`(g) “outputting” updated inventory order
`
`(h) “receiving” confirmation for updated inventory order
`
`(i) “identifying” respective distrib
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