IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re Patent of: Nanja
`U.S. Patent No.: 7,065,637
`Issue Date:
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`June 20, 2006
`Serial No.:
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`09/662,990
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`Filing Date:
` September 15, 2000
`Title:
`System for Configuration of Dynamic Computing
`Environments Using a Visual Interface
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`
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`DECLARATION OF DR. BENJAMIN B. BEDERSON, Ph.D.
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`I, Dr. Benjamin B. Bederson, Ph.D., declare as follows:
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`(1.)
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`I am currently a Professor in the Computer Science Department and
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`the Institute of Advanced Computer Studies at the University of Maryland. I am
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`also the Co-Founder and Chief Scientist for Zumobi, Inc., a venture capital funded
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`startup created to commercialize mobile media for cell phones, as well as the Co-
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`Founder and Technical Director for the International Children’s Digital Library
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`Foundation, which provides free online children’s books to its members.
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`(2.)
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`For more than 25 years, I have studied, designed, and worked in the
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`field of computer science and human-computer interaction. My experience
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`includes 25 years of teaching and research, with research interests in human-
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`computer interaction and the software and technology underlying today’s mobile
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`computing world; web browsing and mobile computing, including the use of
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`Oracle Exhibit 1009
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`
`In re Patent of: Nanja
`U.S. Patent No.: 7,065,637
`Issue Date:
`
`June 20, 2006
`Serial No.:
`
`09/662,990
`
`Filing Date:
` September 15, 2000
`Title:
`System for Configuration of Dynamic Computing
`Environments Using a Visual Interface
`
`
`
`DECLARATION OF DR. BENJAMIN B. BEDERSON, Ph.D.
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`I, Dr. Benjamin B. Bederson, Ph.D., declare as follows:
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`(1.)
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`I am currently a Professor in the Computer Science Department and
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`the Institute of Advanced Computer Studies at the University of Maryland. I am
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`also the Co-Founder and Chief Scientist for Zumobi, Inc., a venture capital funded
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`startup created to commercialize mobile media for cell phones, as well as the Co-
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`Founder and Technical Director for the International Children’s Digital Library
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`Foundation, which provides free online children’s books to its members.
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`(2.)
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`For more than 25 years, I have studied, designed, and worked in the
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`field of computer science and human-computer interaction. My experience
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`includes 25 years of teaching and research, with research interests in human-
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`computer interaction and the software and technology underlying today’s mobile
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`computing world; web browsing and mobile computing, including the use of
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`Oracle Exhibit 1009
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`proxies to enhance the functionality of the web; mobile media for cell phones; and
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`user interface development, just to name a few.
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`(3.)
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`I received a Bachelor of Science degree in Computer Science from
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`Rensselaer Polytechnic Institute in 1986, a Master of Science Degree in Computer
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`Science from New York University in 1989, and a Doctor of Philosophy degree in
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`Computer Science from New York University in 1992.
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`(4.)
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`I have designed and implemented over a dozen software platforms
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`including Pad++ (my original toolkit for building zoomable user interfaces,
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`including web support); PadPrints (a proxy-based web browser offering a graphical
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`web history) which is discussed in more detail below; the International Children’s
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`Digital Library (a website of children’s books); and StoryKit (a mobile children’s
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`story authoring tool).
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`(5.)
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`I am the co-inventor of 7 U.S. patents, listed below. The patents are
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`generally directed to user interfaces/experience.
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` Pahud, M., Murillo, O. E., Karlson, A. K., & Bederson, B. B. Monitoring
`Pointer Trajectory and Modifying Display Interface. US Patent # 8,261,211.
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` Good, L.E., Bederson, B. B., & Stefik, M.J. (Inventors). Methods and
`Systems for Supporting Presentation Tools Using Zoomable User Interfaces.
`US Patent # 7,707,503.
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` Bederson, B. B., Good, L. E., & Stefik, M.J. (Inventors). Methods and
`Systems for Incrementally Changing Text Representation. US Patent #
`7,650,562.
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`Oracle Exhibit 1009
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` Bederson, B. B., Good, L. E., & Stefik, M. J. (Inventors). Methods and
`Systems for Incrementally Changing Text Representation. US Patent #
`7,549,114.
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` Wallace, R. S., Bederson, B. B., & Schwartz, E. L. (Inventors). TV Picture
`Compression and Expansion. US Patent # 5,642,167.
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` Bederson, B. B., Wallace, R. S., & Schwartz, E. L. (Inventors). Two-
`Dimensional Pointing Motor. US Patent # 5,204,573.
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` Wallace, R. S., Bederson, B. B., & Schwartz, E. L. Telephone Line
`PictureTransmission. US Patent # 5,175,617.
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`(6.)
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`I currently serve on the editorial board for the Association of
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`Computing Machinery (ACM) publication Transactions on Computer-Human
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`Interaction; Now Publishers’ Foundations and Trends in Human-Computer
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`Interaction, for which I am the Editor-in-Chief; and Palgrave Press’ Information
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`Visualization publication. I have also served on the review board for over 15
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`conference or symposium proceedings, including conferences sponsored by ACM,
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`the Institute of Electrical and Electronics Engineers (IEEE), and the National
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`Science Foundation (NSF).
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`(7.)
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`In 2011 I was elected to the Computer Human Interaction (CHI)
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`Academy, which is an honorary group of individuals who have made substantial
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`contributions to the field of human-computer interaction. Members of the CHI
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`Academy are the principal leaders of the field, whose efforts have shaped the
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`discipline and/or industry, and lead the research and/or innovation in human-
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`computer interaction. In 2011 I was also recognized as an ACM Distinguished
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`Scientists, which recognizes those ACM members with at least 15 years of
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`professional experience and 5 years of continuous professional membership who
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`have achieved significant accomplishments or have made a significant impact on
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`the computing field.
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`(8.)
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`I have presented in over 85 conferences throughout the United States
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`and across the globe regarding human-computer interaction, web browsing, user
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`interfaces, and user experience, to name a few relevant topics. I have also been
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`honored to present as a keynote speaker at 6 conferences, largely for my work
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`regarding zoomable user interfaces.
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`(9.)
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`I am the author or co-author of 10 book chapters and over 100
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`technical articles directed to web browsing, mobile computing, user interfaces, user
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`experience, and the software and technology underlying this technology. Many of
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`these publications address various aspects of software visualization techniques
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`implemented on a variety of hardware platforms. These publications highlight my
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`familiarity with graphical user interfaces operating on a variety of platforms.
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`Below is a list of my publications that are particularly relevant to the above topics:
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` Bederson, B. B., Grosjean, J., Meyer, J. (2004) Toolkit Design for
`Interactive Structured Graphics, Transactions on Software
`Engineering, New York: IEEE, 30 (8), 535-546.
` Bederson, B. B., Shneiderman, B. (Eds.) (2003). The Craft of
`Information Visualization: Readings and Reflections. San Francisco:
`Morgan Kaufmann.
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` Hourcade, J.P., Bederson, B.B., Druin, A., Rose, A., Farber, A.,
`Takayama, Y. (2003). The International Children's Digital Library:
`Viewing Digital Books Online. Interacting with Computers, Elsevier
`Press, 15 (3), 151-167.
` Hourcade, J., Bederson, B. (May 1999) Architecture and
`Implementation of a Java Package for Multiple Input Devices (MID)
`HCIL-99-08, CS-TR-4018, UMIACS-TR-99-26
` Hollan, J. D., Bederson, B. B., & Helfman, J. (1998). Information
`Visualization. Helander, M., Landauer, T. K., & Prabhu, P. V. (eds.),
`The Handbook of Human Computer Interaction (Chap. 2, 33-48).
`Amsterdam: Elsevier Press.
` Bederson, B. B., & Druin, A. (1995). Computer Augmented
`Environments: Physical Spaces to Enrich Our Lives. Jakob Nielsen
`(eds.), Advances in Human-Computer Interaction (Vol. 5, Chap.
`2, 37-66). New Jersey: Ablex Press.
` Bederson, B. B., & Hollan, J. D. (1994). Pad++: A Zooming
`Graphical Interface for Exploring Alternate Interface Physics. In Proc.
`of User Interface and Software Technology (UIST 94) ACM
`Press, 17-26.
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`(10.)
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`A copy of my curriculum vitae, which describes in further detail my
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`qualifications, responsibilities, employment history, honors, awards, professional
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`associations, invited presentations, and publications is attached to this declaration
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`as Exhibit A-1
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`(11.)
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`I have reviewed United States Patent No. 7,065,6371 (“the ‘637
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`patent”) to Sekaran Nanja as well as the patents and applications referenced in the
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`1 Sekaran Nanja, “System for Configuration of Dynamic Computing
`Environments Using a Visual Interface.” U.S. Patent No. 7,065,637, filed
`September 15, 2000, claiming priority to a Provisional Application (U.S. Ser. No.
`60/228,105) filed August 24, 2000. (Ex. 1001)
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`section of the ‘637 patent entitled “Related U.S. Application Data.” I have also
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`reviewed the publications cited in the footnotes of this declaration and referenced
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`in the inter partes review petition submitted herewith.
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`STATE OF THE ART AS OF 2000
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`(12.)
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`In the late 1990’s, the World Wide Web (WWW) was achieving its
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`first peak. Known as the “dot-com” era, there was a tremendous amount of
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`innovation around e-commerce and web-based companies in general. Essentially
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`every one of these companies ran web servers which provided users with web
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`pages, typically backed by databases. These web servers were regular computers
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`running special “server” software, and the computers ran an operating system such
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`as Windows or Linux. While it was possible to simply plug one of these computers
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`into an office network, and provide a website to the world, that was uncommon as
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`that would not offer a reliable or scalable solution.
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`(13.)
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`Instead, it was common to put these server computers in “data
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`centers” or “server rooms” that were special facilities with “racks” of many
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`computers. As there could be, and often was, an abundance of users, it wasn’t
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`sufficient to simply have a single computer running a web server due to reliability
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`and speed issues. Instead, clusters of computers were configured to collectively
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`provide a faster or more reliable service even when being used by many users. The
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`computers could be structured in different ways, but one typical organization was
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`to have a number of web servers that would connect to a separate set of computers
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`that provided access to a database. To decide which web server would respond to
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`a specific request, a “load balancer” was typically put up front, and it would direct
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`requests to balance the load across numerous web servers.2
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`(14.)
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`The basic architecture described above captures the essence of how
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`web server systems were set up in the late 1990’s, but there is another basic issue
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`when managing computer systems: adaptability. It was (and is) common for
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`websites to get more (or less) popular over time, and so the systems manager must
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`be able to increase or decrease the number of computers in the system to respond
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`to varying loads. Doing this manually by physically going to the server room or
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`data center and plugging cables between machines was an extremely time
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`consuming task. And so it was not surprising that a number of solutions were made
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`to provide software based configuration of these systems to avoid having to
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`physically visit the servers.
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`(15.)
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`The Dell Computer Company was a significant seller of computers
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`designed to be used for web servers in the late 1990’s. For example, in 1999, Dell
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`sold a specialized piece of hardware called a “Dell OpenManage Remote Assistant
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`2 Anderson, Paul et al., “Performance Soars, Features Vary,” Network World (June
`14, 1999) viewed at http://www.networkworld.com/reviews/0614rev.html (Last
`visited December 21, 2012) (See Ex. 1009 at A-2).
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`Card” (DRAC).3 These DRAC cards, which I used in the ICDL server
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`configuration, enabled remote management of individual servers to, for example,
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`reboot a machine when it became unresponsive. This was important because it
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`allowed remote management of a computer without having to physically touch it. It
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`was part of the ecosystem of devices that enabled the software based configuration
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`of computer systems.
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`(16.)
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`Additionally, companies were offering full service solutions allowing
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`a customer to configure and order web servers entirely over the web as early as
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`1998. For example, Rackspace allowed clients to custom configure servers via the
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`Rackspace website.4 The following screenshots of their website in February of
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`1998 shows the ability to pick amongst a plurality of configurations of web servers
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`as well as to specify which operating system should be used on a server and what
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`resources should be made available on that server:5
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`3 “Dell OpenManage ™ Remote Assitant Card II,” Dell OpenManage Documents
`(14 Dec 1999) viewed at
`http://support.dell.com/support/edocs/software/smdrac/index.htm. (Last visited
`December 21, 2012). (See Ex. 1009 at A-3).
`4 “About Rackspace,” (“We got started in 1998 and since have grown to serve
`more than 197,000 customers.”) viewed at
`http://www.rackspace.com/information/aboutus/ (Last visited December 21, 2012).
`(See Ex. 1009 at A-4).
`5See Feb. 8, 1999 Rackspace.com website capture:
`http://web.archive.org/web/19990208005938/http://rackspace.com/ (Last visited
`December 21, 2012) (See Ex. 1009 at A-5) and March 2, 2000 Rackspace.com
`website Capture:
`http://web.archive.org/web/19990125091600/http://rackspace.com/http://web.archi
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`ve.org/web/20000302000851/http://www.rackspace.com/goconfigure/pricing.php3
`(Last visited December 21, 2012). (See Ex. 1009 at A-6).
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`(17.)
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`The ’637 patent alleges a novel interactive system for allowing
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`allocation of resources such as digital processors, networks and software to create a
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`software configured, networked arrangement of processors and processes.6
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`However, as shown by the discussion of relevant patents and articles below, the
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`methods and systems proposed by the patentee represent nothing more than
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`standard resource allocation and system configuration utilizing standard user
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`interfaces, which was pursued and accomplished by many before the Patent
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`Owner.
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`6 ‘637 Patent at 1:18-24. (Ex. 1001)
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`THE ‘637 PATENT
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`(18.)
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`The ‘637 is generally directed to a system for providing “such fast
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`allocation and configuration of resources that environments can be created from a
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`pool of resources within minutes, or even seconds, (virtually) destroyed, and
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`reallocated for creating different environments from the same pool of resources.”7
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`This “provides an efficient system for provisioning ‘crash and burn’ systems which
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`can be used in different software development life-cycle scenarios including
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`testing, rapid beta deployment, etc.”8 A preferred embodiment allows customers to
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`create a computing environment from a remotely accessible user interface such as
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`a web page on the Internet.9
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`(19.)
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`Once a user logs in, a configuration page is displayed as illustrated in
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`the web page of Fig. 5:
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`7 Id. at 4:42-48.
`8 Id. at 4:52-56.
`9 Id. at 4:58-60.
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`Based oon a selectiion made bby the user, a configuuration servver allocatees a compuuter
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`with thee requestedd operatingg system annd other appplication ssoftware.100 Accordinngly,
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`if a userr wishes too configuree a server ffor the commputing envvironment,, the user
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`clicks oon “select aa configuraation or thee user may
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`open a wiindow on oone of the
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`machinees which wwere previoously confiigured andd the accesss server proovides the
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`user witth access too the speciific machinne.11 Oncee allocated,, the user ccan open a
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`terminaal to accesss the speciffic computiing device
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` and whenn the user trries to acceess,
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`the conffiguration//access servver activat
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`m the inventes the macchine from
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`tory.12
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`10 Id. at 6:57-60.
`11 Id. at
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`12 Id. at
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`DISCUSSION OF RELEVANT PATENTS AND ARTICLES
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`(20.)
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`I have been asked to consider the Aziz et al. patent (“Aziz”)13 and
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`Verissimo et al. (“Verissimo”)14, and whether a person of ordinary skill in the field
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`would be inclined to combine the techniques of Aziz and Verissimo.
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`(21.)
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`Aziz describes providing an extensible, flexible and scalable
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`computing system by securely and dynamically allocating portions of a computing
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`grid to various organizations on demand.15 Each organization’s logical portion of
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`the computing grid is referred to as a Virtual Server Farm (VSF), the composition
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`of which can change dynamically in terms of number of resources such as CPUs,
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`storage capacity and disk and network bandwidth based on real-time demands
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`placed on the server farm or other factors.16 The customer can use a set of Web
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`pages to configure a VSF by specifying a number of tiers, the number of
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`computing elements in a particular tier, the hardware and software platform used
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`for each element, and things such as what kind of Web server, application server,
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`or database server software should be preconfigured on these computing
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`13 Aziz et al., “Extensible Computing System.” U.S. Patent No. 6,779,016, filed
`Feb. 11, 2000 and issued August 17, 2004. (Ex. 1004)
`14 Verissimo et al., “Windows Based Network Configuration and Control Method
`For a Digital Control System.” U.S. Patent No. 5,841,654, filed October 16, 1995
`and issued Novbember 24, 1998. (Ex. 1005)
`15 Ex. 1003 at 1:7-10 and 3: 28-32.
`16 Id. at 4:29-35.
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`elements.17 In short, the customer is provided with a virtual provisioning console
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`for creating a VSF computing environment.18 Of course, one of ordinary skill in
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`the art at the time of the invention would require a computer having a display
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`screen and input device in order for a user to interact with the web pages providing
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`the visual construction of the VSF.
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`(22.)
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`Verissimo describes a system for configuring a process control
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`system, e.g., a Fieldbus network, having intelligent field mounted devices coupled
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`to a data communications bus.19 A system configurator user interface is provided
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`to enable the user to configure the Fieldbus network.20 For example, Fig. 6E
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`illustrates the process of creating Fieldbus network device configurations and
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`adding them to the Fieldbus network:
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`17 Id. at 15:42-51.
`18 Id.
`19 Ex. 1005 at Abstract.
`20 Id. at Fig. 6.
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`(23.))
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`In Figg. 6E, iconns 114, 1188 and 120 oof the mastter computter interfacce
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`device aand Fieldbus channell are displaayed in thee configuraation windoow 112, annd
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`the systtem awaits input fromm the user.221 Further,, window 1122 is dispplayed as a
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`result off the systemm determinning that thhe user sellected the iicon 120 off the Fieldbbus
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`channell.22 At thiss point, the window 1122 displayys informattion and alllows the uuser
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`to select one of seeveral availlable field mounted ddevices to bbe include
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`d in the Fi
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`bus systtem to be cconfiguredd such as ann LD302 ppressure sennsor.23 Onnce the
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`n for a fielprogramm has acquired the ideentifying information
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`d mountedd device
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`21 Id. at 10:37-42.
`22 Id.
`23 Id. at
`10:45-41.
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`selectedd for inclussion in the Fieldbus ssystem beinng configuured, the ic
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`on 124
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`he 122 is dispplayed in th
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`represennting the fiield compoonent seleccted via thee window
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`configuuration winndow 112 aas illustrateed in Figurre 6F:
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`Once thhe user has completedd the proceess of seleccting and iddentifying
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`the field
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`to be incluon blocks tand functiomounted devices a
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`ded in the
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`be Fieldbus ssystem to b
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`configuured, the Fieldbus Nettwork can
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`be viewedd via the wiindow 10 aand the useer
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`can savee the comppleted conffiguration ffile by seleecting the SSave commmand fromm the
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`File commmand meenu.24 Of ccourse, as wwould be oobvious to
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`one of orddinary skilll in
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`24 Id. at 11:62-12:22.
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`the art at the time of the invention, a configuration file could be saved under a new
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`filename thereby creating a copy of the configuration file.
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`(24.)
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`I believe that it is reasonable and entirely expected for a person of
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`ordinary skill in this area to combine the above-noted system configurator of
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`Verissimo with the virtual provisioning console and VSF creation techniques of
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`Aziz. When combined in this manner, the virtual provisioning console could
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`provide a VSF system configurator GUI enabling the visual creation of the VSF.
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`Accordingly, the system configurator GUI could be used to specify the number of
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`tiers, the number and types of computing elements in a particular tier, the hardware
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`and software platform used for each element, and things such as what kind of Web
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`server, application server, or database server software should be preconfigured on
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`these computing elements. The configured VSF configuration could then be
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`viewed or saved for later use and/or modification by the customer. I believe that it
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`would be reasonable and expected for a person of ordinary skill to combine these
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`references for a variety of reasons.
`
`(25.)
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`First, both Aziz and Verissimo describe the virtualized creation of a
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`computing environment (i.e. VSF, Fieldbus Network) via a GUI (i.e. set of web
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`pages acting as a provisioning console, system configurator).25 Second, the
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`configuration techniques of Verissimo advantageously provide Aziz with an
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`25 Ex. 1004 at 15:42-51, Ex. 1005 at Figs. 6A-H.
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`Oracle Exhibit 1009
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`efficient method for easily allowing customers to create and save VSF computing
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`environments thereby providing a strong motivation to combine. Further, the
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`teaching of providing multiple configurations as described in Verissimo could
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`reliably and predictably be included in the Aziz system thereby providing
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`customers with a variety of pre-configured VSF configuration options and
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`lowering the VSF creation burden of the customer. The ability to later load
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`previously saved configurations as described in Verissimo further allows
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`customers to strategically configure their VSF over time based on the current
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`market or other business considerations.26 Further, with the system configurator of
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`Verissimo, customers of Aziz can easily specify computing element types and
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`computing element functionality via the new device window 122.27 Additionally,
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`the system configurator of Verissimo advantageously provides customers of Aziz
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`with the ability to view the overall VSF computing environment computing
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`elements thereby easily allowing customers to dynamically change the computing
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`environment by adding or removing computing elements at any time based on
`
`demand.28
`
`
`26 Ex. 1006 at 9:7-10, 12:5-8.
`27 Id. at Figs 6A-H.
`28 Aziz at 10:15-24 (“Now, assume that because of a policy based rule,
`the Control Plane determines that another Web server is required in VSF
`1. This could be because there is an increased number of requests coming to
`the Web site, and the customers plan permits at least three Web servers to be added
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`(26.)
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`Further, as Aziz already describes a user interface (i.e. Web pages) for
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`VSF configuration and as creating and using user interfaces for system
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`configuration was ubiquitously known to a person of ordinary skill in the relevant
`
`field at the time of the invention, it would be entirely reasonable and expected for
`
`the virtual provisioning console of Aziz to have at least the functionality of system
`
`configuration identified with respect to the system configurator of Verissimo.
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`Regardless, any person of ordinary skill in the field at the time of the invention
`
`could predictably and reliably program the virtual provisioning console of Aziz to
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`specifically have the “look and feel” and functionality of the system configurator
`
`described in Verissimo.
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`(27.)
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`I have been asked to consider the Aziz and ClusterX 2.0 Getting
`
`Started Guide (“ClusterX”)29, and whether a person of ordinary skill in the field
`
`would be inclined to combine the techniques of Aziz and ClusterX.
`
`(28.)
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`As noted above, Aziz describes providing an extensible, flexible and
`
`scalable computing system by securely and dynamically allocating portions of a
`
`computing grid to various organizations on demand.30 Each organization’s logical
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`portion of the computing grid is referred to as a Virtual Server Farm (VSF), the
`
`to VSF 1. Or it may be because the organization that owns or operates the VSF
`wants another server, and has added it through an administrative mechanism, such
`as a privileged Web page which allows it to add more servers to its VSF.”)
`(emphasis added).
`29 NuView, “ClusterX 2.0 Getting Started Guide,” announced in 1998. (Ex. 1007)
`30 Ex. 1003 at 1:7-10 and 3: 28-32.
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`Oracle Exhibit 1009
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`composition of which can change dynamically in terms of number of resources
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`such as CPUs, storage capacity and disk and network bandwidth based on real-time
`
`demands placed on the server farm or other factors.31 The customer can use a set
`
`of Web pages to configure a VSF by specifying a number of tiers, the number of
`
`computing elements in a particular tier, the hardware and software platform used
`
`for each element, and things such as what kind of Web server, application server,
`
`or database server software should be preconfigured on these computing
`
`elements.32 In short, the customer is provided with a virtual provisioning console
`
`for creating a VSF computing environment.33
`
`(29.)
`
`ClusterX describes cluster application and configuration management
`
`solutions for Windows NT. To use ClusterX, a user interface is provided which
`
`identifies a Cluster List and a Results View.34 The Cluster List displays an
`
`enterprise-wide hierarchical display of clusters and clustered components and
`
`includes clusters, nodes, groups and resources under application and physical
`
`hierarchies.35 The Results View displays status, configuration, and other types of
`
`information about clusters and clustered applications.36 As substantial time
`
`investment is made in cluster configuration setup and clusters must be operational
`
`31 Id. at 4:29-35.
`32 Id. at 15:42-51.
`33 Id.
`34 Ex. 1007 at 14.
`35 Id.
`36 Id.
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`for mission-critical applications, backup and restore facilities are provided to
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`protect and leverage cluster configuration.37 As such, cluster components and
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`settings are saved and can be restored to the original configuration to provide
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`disaster recovery protection and rapid deployment of cluster configurations.38
`
`Cluster backups save the complete cluster configuration and the backup and restore
`
`methodology allows for the cloning or duplication of cluster structures onto other
`
`clusters for rapid cluster application deployment.39 Specifically, a user can restore
`
`one backup file to multiple clusters, multiple backup files to one cluster and even
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`multiple backup files to multiple clusters.40
`
`(30.)
`
`I believe that it is reasonable and entirely expected for a person of
`
`ordinary skill in this area to combine the above-noted system backup and restore
`
`methodologies of ClusterX with the virtual provisioning console and VSF creation
`
`techniques of Aziz. When combined in this manner, the virtual provisioning
`
`console could provide a VSF system configurator with the ability to view and
`
`interact with a graphical representation of the VSF, save the configuration and
`
`clone the configuration into other VSFs as required. I believe that it would be
`
`reasonable and expected for a person of ordinary skill to combine these references
`
`for a variety of reasons.
`
`37 Id. at 33.
`38 Id. at 33.
`39 Id.
`40 Id.
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`Oracle Exhibit 1009
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`(31.)
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`First, both Aziz and ClusterX describe the virtualized distributed
`
`resource display (i.e. VSF, Cluster Configurations) via a GUI (i.e. set of web pages
`
`acting as a provisioning console, ClusterX user interface).41 Second, the saving
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`techniques of ClusterX implemented due to cluster investment and mission-critical
`
`applications advantageously provide Aziz customers with enhanced security and
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`fault tolerance with respect to their VSFs by affording disaster recovery protection
`
`and rapid deployment of cluster configurations thereby providing a strong
`
`motivation to combine.42 Accordingly, as with ClusterX, Aziz describes the
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`importance of providing fault tolerance on VSF investments as VSFs may be
`
`implemented, for example, as Web servers and must be able to adequately handle
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`customer demand.43 Further, with the cloning techniques described in ClusterX,
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`customers of Aziz having large computing requirements for similar systems could
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`create one VSF configuration and then easily clone additional VSFs as required.44
`
`Additionally, the user interface of ClusterX advantageously provides customers of
`
`Aziz with the ability to view the overall VSF computing environment and to
`
`monitor specific computing elements thereby easily allowing customers to monitor
`
`the computing environment to enable easier allocation decisions based on
`
`
`41 Ex. 1004 at 15:42-51, Ex. 1007 at 14.
`42 Ex. 1007 at 33.
`43 Ex. 1007 at 33; Ex. 1004 at 7:5-15.
`44 Id.
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`Oracle Exhibit 1009
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`demand.45 Additionally, the multiple-configuration view of ClusterX
`
`advantageously provides customers of Aziz with the ability to view a plurality of
`
`their VSFs simultaneously thereby enabling customers to strategically compare
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`different types of VSFs configurations and providing a strong motivation to
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`combine.
`
`(32.)
`
`It is also noted that using user interfaces for system configuration and
`
`the saving of configuration files was ubiquitously known to a person of ordinary
`
`skill in the relevant field at the time of the invention and it would be entirely
`
`reasonable and expected for the virtual provisioning console of Aziz to have at
`
`least the functionality identified with respect to the visual and saved configuration
`
`techniques of ClusterX. Regardless, any person of ordinary skill in the field could
`
`predictably and reliably program the virtual provisioning console of Aziz to
`
`specifically have the “look and feel” of the ClusterX user interface as well as
`
`providing for cloned VSF configuration based on previously saved VSF
`
`configurations.
`
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`45 Ex. 1004 at 5:3-8, 16:12-15 (“Through the privileged access mechanism the
`customer can obtain reports and monitor real-time information related to usage,
`load, hits or transactions per second, and adjust the characteristics of a VSF based
`on the real-time information.”); Ex. 1007 at 14 (“Context menus (right-mouse) are
`available to perform any relevant action on items in the Cluster List and Results
`View. Double-click and item to display its properties. If the mouse pointer is held
`over an item, a text box displays the item’s state, type, and parent information if
`applicable.”)
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`(33.)
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`I have been informed that “a person of ordinary skill in the relevant
`
`field” is a hypothetical person to whom an expert in the relevant field could assign
`
`a routine task with reasonable confidence that the task would be successfully
`
`carried out. I have been informed that the level of skill in the art is evidenced by
`
`the prior art references. The prior art discussed herein demonstrates that a person
`
`of ordinary skill in the field, at the time the ‘637 patent was effectively filed, was
`
`aware of techniques involved in providing a user interface for creating a dynamic
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`computing environment using allocteable resources.
`
`(34.)
`
`Based on my experience I have an understanding of t
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