Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`caller to place on hold a first callee on one phone line and speak to a second callee on a second
`
`phone line (or vice versa). See, e.g., Col. 2, line 59 - Col. 3, line 9; Col. 3, lines 10-14.
`
`As shown in Figure 6 below, caller icon 13A ("Debbie") is ghosted in the first call icon
`
`23 to indicate that the first phone line over which the first caller ("John," represented by icon 21)
`
`is connected is on hold. See Col. 5, lines 5-35; Col. 5, line 45 - Col. 6, line 5. Caller icon 13
`
`("Debbie") is solid in the second call icon 29 to indicate that the second phone line over which
`
`the second caller ("Mary," represented by icon 28) is connected is active. See Col. 5, lines 5-35;
`
`Col. 5, line 45 - Col. 6, line 5. Moreover, in the example of Figure 6, Debbie moves John from
`
`the first line (represented by call icon 23) to the second line (represented by call icon 29) by
`
`clicking and dragging John's icon 21, thereby creating a conference call between Debbie, Mary,
`
`and John. See, e.g., Col. 5, lines 36-40.
`
`A hard hold icon 39 of Pinard, shown below in Figure 12 allows the caller ("Debbie") to
`
`drag a callee icon 28 ("Mary") to the hard hold icon 39. This places the callee ("Mary") on hold.
`
`Other callers (represented by icons 41) may also be placed on hold. (Col. 6, lines 36-53.)
`
`41 of 115
`
`SONY EXHIBIT 1003- Page 1153
`
`ReexamFH_001153
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`"II
`
`4/
`
`i
`41'
`
`,..., •.•.•.•..•..•.•.•.•.wm..-.mm...----]
`
`•CALL SETUf1
`
`AG. 12
`
`Pinard discloses that the program uses the graphical user interface to permit a caller to
`
`conference a first callee and a second callee onto a single conference call. (Col. 2, line 59 - Col.
`
`3, line 9; Col. 3, lines 10-14.) As shown in Figure 6 above, callee icon 21 ("John") is dragged
`
`onto call icon 29. As shown in Figure 7 below, this results in a conference call represented by
`
`conference icon 32 in whose borders caller icon 13 ("Debbie"), first callee icon 21 ("John"), and
`
`second callee icon 28 ("Mary") are located. (Col. 5, lines 36-44.)
`
`I!
`t
`30~·--·~..···--~
`I
`l
`
`i:~
`
`-
`·.·
`·~LL "'l:""" lP
`
`~M~\..:.
`
`FIG, ..,
`
`Finally, Pinard teaches that "[u] sing similar principles, a person skilled in the art will now
`
`be able to provide unambiguous other features, such as call pickup, redial, speed call, callback,
`
`42 of 115
`
`SONY EXHIBIT 1003- Page 1154
`
`ReexamFH_001154
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`etc." (Col. 7, lines 48-52.) These and other features were well known to those of ordinary skill
`
`in the art insofar as they were prevalent on prior art telephones.
`
`In summary, Pinard discloses graphical elements representing communication lines and
`
`callees that may be clicked and dragged to establish and terminate calls, set up conference calls,
`
`and place calls on hold, as recited in Claims 8-18 of the '469 patent. In view of the above, a
`
`reasonable examiner would consider Pinard to be an important reference in deciding patentability
`
`of these claims. Additionally, Pinard was not cited as a reference or discussed in the prosecution
`
`of the '469 Patent. Accordingly, Pinard presents a SNQ of patentability.
`
`VI.
`
`DETAILED EXPLANATION OF THE PERTINENCY AND MANNER OF
`APPLYING THE PRIOR ART REFERENCES TO EVERY CLAIM FOR
`WHICH REEXAMINATION IS REQUESTED
`
`As required under 37 c.F.R. § 1.51O(b)(2), a detailed explanation of the pertinency and
`
`manner of applying the prior art references to the claims is provided. The following analysis is
`
`directed to prior art which was not cited during the prosecution of the claims of the '469 patent.
`
`Additional explanation of the pertinency and manner of applying the prior art references to the
`
`claims is provided in the claim charts at Exhibits M-O of this Request.
`
`A.
`
`lJI 1.
`
`which follow:
`
`NetBIOS
`
`The quotation of 35 U.S.c. §102 (b) forms the basis for the anticipation rejections
`
`A person shall be entitled to a patent unless ...
`(b) the invention was patented or described in a printed publication in this or a
`foreign country or in public use or on sale in this country, more than one year
`prior to the date of the application for patent in the United States.
`
`lJI 2.
`
`Claims 1-3 and 5-6 are anticipated by Protocols for X/Open PC Interworking
`
`5MB, Version 2, THE OPEN GROUP (1992) ("NetBIOS"), which includes Protocol Standard for a
`
`NetBIOS Service on a TCP/UDP Transport: Concept and Methods, RFC 1001 (March 1987)
`
`("RFC 1001") and Protocol Standard for a NetBIOS Service on a TCP/UDP Transport: Detailed
`
`Specifications, RFC 1002 (March 1987) ("RFC 1002").
`
`43 of 115
`
`SONY EXHIBIT 1003- Page 1155
`
`ReexamFH_001155
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`lJI 3.
`
`During the Net2Phone Litigation, Net2Phone attempted to distinguish the claims
`
`of the '469 patent over NetBIOS. The court has yet to render an opinion on these arguments. As
`
`set forth in Exhibit P submitted with this reexamination, these arguments fail to distinguish the
`
`claims of the '469 patent over NetBIOS for a variety of reasons.
`
`INDEPENDENT CLAIM 1
`Claim 1 recites "A computer program product for use with a computer
`system having a display ..."
`lJI 4.
`NetBIOS nodes are personal computers which inherently include displays. See
`
`NetBIOS at 356 ("The NetBIOS service has become the dominant mechanism for personal
`
`computer networking. NetBIOS provides a vendor independent interface for the IBM Personal
`
`Computer (PC) and compatible systems.") (emphasis added). See also id. (NetBIOS has
`
`generally been confined to personal computers to date).
`
`Claim 1 also recites "the computer system capable of executing a first process
`and connecting to other processes and a server process over a computer
`network, the computer program product comprising a computer usable
`medium having computer readable code means embodied in the medium."
`lJI 5.
`NetBIOS discloses a computer program product for use with a computer system
`
`which executes a "first process" and is operatively connectable to a "second process" and a
`
`server over a computer network. That NetBIOS discloses a computer program product for use
`
`with a computer system can be seen from NetBIOS at 356 ("The NetBIOS service has become
`
`the dominant mechanism for personal computer networking. NetBIOS provides a vendor
`
`independent interface for the IBM Personal Computer (PC) and compatible systems."). In
`
`addition, NetBIOS describes that the computer systems (or "nodes") execute software, which is a
`
`computer-implemented "process." See id. ("NetBIOS defines a software interface .... NetBIOS
`
`has generally been confined to personal computers to date. However, ... this specification has
`
`been designed to allow an implementation to be built on virtually any type of system where the
`
`TCP/IP protocol suite is available."); id. at 357 ("NetBIOS is the foundation of a large body of
`
`existing applications."). Finally, NetBIOS discloses a "server" to which all processes are
`
`operatively coupled over a network. For example, the figure on page 371 of NetBIOS illustrates
`
`a NetBIOS Name Server ("NBNS") coupled to point-to-point nodes ("P nodes") over the
`
`44 of 115
`
`SONY EXHIBIT 1003- Page 1156
`
`ReexamFH_001156
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`Internet. After retrieving addressing information from the NBNS, NetBIOS processes
`
`communicate directly with one another. "The NetBIOS session service begins after one or more
`
`IP addresses have been found for the target name ... NetBIOS session service transactions,
`
`packets, and protocols are identical for all end-node types. They involve only directed (point-to(cid:173)
`
`point) communications." NetBIOS at 397 (emphasis added).
`
`lJI 6.
`
`In the pending litigation, Net2Phone argued that the term "server" should be
`
`defined broadly. Plaintiff Net2Phone, Inc.'s Response Brief on Claim Construction (Oct. 18,
`
`2007) (Exhibit U), page 3. More specifically, Net2Phone argued:
`
`Consistent with the use of the term 'server' in the specification, the claims do not
`refer to any specific server configuration. They simply require a 'server' (also
`referred to as a 'connection server,'
`'address server,' or 'server process'). There
`is nothing in any of the claims that require that the server be in the form of a
`single computer with a centralized database, as defendants contend.
`
`Id., page 4. Similarly, Net2Phone argued that "[a] server in a 'client/server system' can be
`
`implemented in any number of ways, from one to multiple computers, in one location or many,
`
`and from a single large computer acting as the server to a network of personal computers."
`
`Plaintiff Net2Phone Inc.'s Reply Brief on Claim Construction (Oct. 19,2007) (Exhibit W), page
`
`7. Thus, under Net2Phone's interpretation, a "server" is not limited to any particular hardware or
`
`software configuration. This interpretation is not supported by the intrinsic record and is
`
`inconsistent with the arguments made by Net2Phone during the prosecution of the '469 patent.
`
`See Office Action response (October 20, 1998), page 9 ("the present invention provides a global
`
`server that can be queried to locate any user anywhere using a known unique identifier or
`
`handle") (emphasis added). Under any interpretation, the NBNS described in NetBIOS is a
`
`"server."
`
`lJI 7.
`
`The Requester's interpretation of this claim limitation in the pending litigation
`
`can be found in the Claim Construction Briefs. See, e.g., Reply Claim Construction Brief of
`
`Skype Technologies SA, Skype, Inc. and EBay Inc (Oct. 19,2007) (Exhibit X), pages 2-9. For
`
`the sake of brevity, the above interpretations are not repeated below with respect to the other
`
`claims of the '469 patent which require a "server."
`
`45 of 115
`
`SONY EXHIBIT 1003- Page 1157
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`ReexamFH_001157
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`Claim 1 requires "program code for generating a user-interface enabling
`control a first process executing on the computer system."
`lJI 8.
`NetBIOS inherently describes a user-interface which allows users to "control"
`
`processes on the computer system. For example, NetBIOS describes that the computers on the
`
`network may execute MS-DOS and PC-DOS operating systems, which included text-based user
`
`interfaces that allowed users to control computer processes. See, e.g., NetBIOS at 359 ("One of
`
`the first implementations was for personal computers running the PC-DOS and MS-DOS
`
`operating systems. It is possible to implement NetBIOS within other operating systems, or as
`
`processes which are, themselves, simply application programs as far as the host operating system
`
`is concerned."). See also id. at 356 ("it is expected that on computers operating under the PC(cid:173)
`
`DOS and MS-DOS operating systems that the existing NetBIOS interface will be preserved by
`
`implementers."); id. at 507 (describing NetBIOS as "The de facto standard programmatic
`
`interface to networks for DOS systems.").
`
`Claim 1 also requires "program code for determining the currently assigned
`network protocol address of the first process upon connection to the
`computer network."
`lJI 9.
`As mentioned above, the functionality of NetBIOS is implemented in software,
`
`which is "program code." An IP address and name is assigned to uniquely identify each
`
`networked computer. For example, to engage in NetBIOS communications, a point-to-point
`
`("P") or mixed ("M") node must register with a NBNS by transmitting a notice of the end node's
`
`name (a distinguishing identifier) and current IP address to the NBNS. See NetBIOS, page 385
`
`(illustrating the "P-NODE REGISTRATION PROCESS"). Specifically, a NetBIOS "Name
`
`Registration Request" sent by an M or P node to a NetBIOS Name Server includes the field
`
`"NB_ADDRESS," which is the "IP address of the name's owner." Id. at 431. See also id. at 367
`
`(describing how the NBNS may act as a '''bulletin board' on which name/address information is
`
`freely posted (and removed) by P and M nodes without validation by the NBNS. Alternatively,
`
`the NBNS may elect to completely manage and validate names."). Any networked computer is
`
`capable of "determining" its network protocol address upon connection to the computer network.
`
`The computer must "determine" its network protocol address in order to communicate with other
`
`computers on the network, regardless of whether the network protocol address is assigned
`
`statically or dynamically.
`
`46 of 115
`
`SONY EXHIBIT 1003- Page 1158
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`ReexamFH_001158
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`lJI 10.
`
`Furthermore, on many networks, including the TCP/IP networks described in
`
`NetBIOS, network addresses are assigned "upon connection to the computer network." See, e.g.,
`
`Dynamic Host Configuration Protocol, RFC 1531 (Oct. 1993) ("RFC 1531"), Section 2.2
`
`(describing the "dynamic allocation of network addresses" on TCP/IP networks). Thus, in at
`
`least some instances, the computer systems on which NetBIOS was used received IP addresses
`
`dynamically, following connection to the computer network. Consequently, dynamic address
`
`assignment is inherent in the NetBIOS reference.
`
`lJI 11. Alternatively, as set forth below, Claim 1 should be rejected under 35 U.S.c. §
`
`103(a) as being unpatentable over the NetBIOS reference in view of RFC 1531, which describes
`
`how TCP/IP addresses were dynamically assigned. See, e.g., Dynamic Host Configuration
`
`Protocol, RFC 1531 (Oct. 1993) ("RFC 1531"), Section 2.2 (describing the "dynamic allocation
`
`of network addresses" on TCP/IP networks).
`
`Claim 1 further requires "program code responsive to the currently assigned
`network protocol
`address of
`the
`first process,
`for
`establishing a
`communication connection with the server process and for forwarding the
`assigned network protocol address of the first process and a unique identifier
`of the first process to the server process upon establishing a communication
`connection with the server process."
`lJI 12. NetBIOS describes the network nodes forwarding assigned IP addresses and
`
`unique names to the NetBIOS Name Server (NBNS). As stated in NetBIOS, "[e]very node has a
`
`permanent unique name." Id. at 376. To engage in NetBIOS communications, a point-to-point
`
`("P") or mixed ("M") node must register with a NBNS by transmitting a notice of the end node's
`
`name (a unique identifier) and current IP address to the NBNS. See NetBIOS, page 385
`
`(illustrating the "P-NODE REGISTRATION PROCESS"). Specifically, a NetBIOS "Name
`
`Registration Request" sent by an M or P node to a NetBIOS Name Server includes the field
`
`"NB_ADDRESS," which is the "IP address of the name's owner." Id. at 431. See also id. at 367
`
`(describing how the NBNS may act as a '''bulletin board' on which name/address information is
`
`freely posted (and removed) by P and M nodes without validation by the NBNS. Alternatively,
`
`the NBNS may elect to completely manage and validate names.") (emphasis added); id. at 388
`
`("Name query transactions are initiated by end-nodes to obtain the IP addressees) and other
`
`attributes associated with a NetBIOS name."); id. at 461-464 (disclosing program code for the P-
`47 of 115
`
`SONY EXHIBIT 1003- Page 1159
`
`ReexamFH_001159
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`node name registration process) and 480-482 (disclosing program code for NBNS incoming
`
`packet processing for name registration). The NBNS thereby contains a list of names and
`
`corresponding IP addresses of point-to-point and mixed end-nodes.
`
`Claim 1 also requires "program code, responsive to user input commands,
`for establishing a point-to-point communications with another process over
`the computer network."
`lJI 13. Once the node seeking to initiate the communication has obtained from the NBNS
`
`the IP address for the node to receive the communication, a point-to-point communication is
`
`established between the nodes. "The NetBIOS session service begins after one or more IP
`
`addresses have been found for the target name ... NetBIOS session service transactions, packets,
`
`and protocols are identical for all end-node types. They involve only directed (point-to-point)
`
`communications." NetBIOS at 397 (emphasis added). See also id. at 401:
`
`This first diagram shows the sequence of network events used to successfully
`establish a session without retargeting by the listener. The TCP connection is first
`established with
`the well-known NetBIOS
`session
`service TCP port,
`SSN_SRVC_TCP_PORT. The caller then sends a SESSION REQUEST packet
`over the TCP connection requesting a session with the listener. The SESSION
`REQUEST contains the caller's name and the listener's name. The listener
`responds with a POSITIVE SESSION RESPONSE informing the caller this TCP
`connection is accepted as the connection for the data transfer phase of the session.
`
`See also id. at 398-400 ("16.1: Overview of NetBIOS Session Service"), 361 ("A session is a
`
`reliable message exchange, conducted between a pair of NetBIOS applications. Sessions are
`
`fullduplex, sequenced, and reliable. Data is organized into messages."). In sum, NetBIOS
`
`discloses all of the elements of, and hence anticipates, claim 1 of the '469 Patent.
`
`INDEPENDENT CLAIM 5
`
`Claim 5 recites "In a computer system having a display ..."
`lJI 14. NetBIOS nodes are personal computers which inherently include displays. See
`
`NetBIOS at 356 ("The NetBIOS service has become the dominant mechanism for personal
`
`computer networking. NetBIOS provides a vendor independent interface for the IBM Personal
`
`Computer (PC) and compatible systems.") (emphasis added). See also id. (NetBIOS has
`
`generally been confined to personal computers to date).
`48 of 115
`
`SONY EXHIBIT 1003- Page 1160
`
`ReexamFH_001160
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`Claim 5 also recites "the computer system capable of executing a first process
`and communicating with other processes and a server process over a
`computer network, a method for establishing point-to-point communications
`with other processes."
`lJI 15. NetBIOS discloses a computer program product for use with a computer system
`
`which executes a "first process" and is operatively connectable to a "second process" and a
`
`server over a computer network. That NetBIOS discloses a computer program product for use
`
`with a computer system can be seen from NetBIOS at 356 ("The NetBIOS service has become
`
`the dominant mechanism for personal computer networking. NetBIOS provides a vendor
`
`independent interface for the IBM Personal Computer (PC) and compatible systems."). In
`
`addition, NetBIOS describes that the computer systems (or "nodes") execute software, which is a
`
`computer-implemented "process." See id. ("NetBIOS defines a software interface .... NetBIOS
`
`has generally been confined to personal computers to date. However, ... this specification has
`
`been designed to allow an implementation to be built on virtually any type of system where the
`
`TCP/IP protocol suite is available."); id. at 357 ("NetBIOS is the foundation of a large body of
`
`existing applications."). Finally, NetBIOS discloses a "server" to which all processes are
`
`operatively coupled over a network. For example, the figure on page 371 of NetBIOS illustrates
`
`a NetBIOS Name Server ("NBNS") coupled to point-to-point nodes ("P nodes") over the
`
`Internet. After retrieving addressing information from the NBNS, NetBIOS processes
`
`communicate directly with one another. "The NetBIOS session service begins after one or more
`
`IP addresses have been found for the target name ... NetBIOS session service transactions,
`
`packets, and protocols are identical for all end-node types. They involve only directed (point-to(cid:173)
`
`point) communications." NetBIOS at 397 (emphasis added).
`
`Claim 5 requires "determining the currently assigned network protocol
`address of the first process upon connection to the computer network."
`lJI 16. NetBIOS discloses that an IP address and name is assigned to uniquely identify
`
`each networked computer. For example, to engage in NetBIOS communications, a point-to(cid:173)
`
`point ("P") or mixed ("M") node must register with a NBNS by transmitting a notice of the end
`
`node's name (a distinguishing identifier) and current IP address to the NBNS. See NetBIOS,
`
`page 385 (illustrating the "P-NODE REGISTRATION PROCESS"). Specifically, a NetBIOS
`
`"Name Registration Request" sent by an M or P node to a NetBIOS Name Server includes the
`
`49 of 115
`
`SONY EXHIBIT 1003- Page 1161
`
`ReexamFH_001161
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`field "NB_ADDRESS," which is the "IP address of the name's owner." Id. at 431. See also id.
`
`at 367 (describing how the NBNS may act as a '''bulletin board' on which name/address
`
`information is freely posted (and removed) by P and M nodes without validation by the NBNS.
`
`Alternatively, the NBNS may elect to completely manage and validate names."). Any networked
`
`computer is capable of "determining" its network protocol address upon connection to the
`
`computer network. The computer must "determine" its network protocol address in order to
`
`communicate with other computers on the network, regardless of whether the network protocol
`
`address is assigned statically or dynamically.
`
`lJI 17.
`
`Furthermore, on many networks, including the TCP/IP networks described in
`
`NetBIOS, network addresses are assigned "upon connection to the computer network." See, e.g.,
`
`Dynamic Host Configuration Protocol, RFC 1531 (Oct. 1993) ("RFC 1531"), Section 2.2
`
`(describing the "dynamic allocation of network addresses" on TCP/IP networks). Thus, in at
`
`least some instances, the computer systems on which NetBIOS was used received IP addresses
`
`dynamically, following connection to the computer network. Consequently, dynamic address
`
`assignment is inherent in the NetBIOS reference.
`
`lJI 18. Alternatively, as set forth below, Claim 1 should be rejected under 35 U.S.c. §
`
`103(a) as being unpatentable over the NetBIOS reference in view of RFC 1531, which describes
`
`how TCP/IP addresses were dynamically assigned. See, e.g., Dynamic Host Configuration
`
`Protocol, RFC 1531 (Oct. 1993) ("RFC 1531"), Section 2.2 (describing the "dynamic allocation
`
`of network addresses" on TCP/IP networks).
`
`Claim 5 also requires "establishing a communication connection with the
`server process once the assigned network protocol of the first process is
`known."
`lJI 19. NetBIOS describes the network nodes establishing a communication connection
`
`with the NBNS once the network protocol address of the first process is known. For example, to
`
`engage in NetBIOS communications, a point-to-point ("P") or mixed ("M") node must register
`
`with a NBNS by transmitting a notice of the end node's name (a distinguishing identifier) and
`
`current IP address to the NBNS. See NetBIOS, page 385 (illustrating the "P-NODE
`
`REGISTRATION PROCESS"). Specifically, a NetBIOS "Name Registration Request" sent by
`
`50 of 115
`
`SONY EXHIBIT 1003- Page 1162
`
`ReexamFH_001162
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`an M or P node to a NetBIOS Name Server includes the field "NB_ADDRESS," which is the "IP
`
`address of the name's owner." Id. at 431. See also id. at 367 (describing how the NBNS may act
`
`as a '''bulletin board' on which name/address information is freely posted (and removed) by P
`
`and M nodes without validation by the NBNS. Alternatively, the NBNS may elect to completely
`
`manage and validate names."); id. at 388 ("Name query transactions are initiated by end-nodes to
`
`obtain the IP addressees) and other attributes associated with a NetBIOS name."); NetBIOS at
`
`461-464 (disclosing program code for the P-node name registration process) and 480-482
`
`(disclosing program code for NBNS incoming packet processing for name registration). The
`
`NBNS thereby contains a list of names and corresponding IP addresses of point-to-point and
`
`mixed end-nodes.
`
`Claim 5 also requires "forwarding the assigned network protocol address of
`the first process to the server process upon establishing a communication
`connection with the server process."
`lJI 20. As described above, NetBIOS describes the network nodes forwarding assigned
`IP addresses and unique names to the NBNS. For example, to engage in NetBIOS
`
`communications, a point-to-point ("P") or mixed ("M") node must register with a NBNS by
`
`transmitting a notice of the end node's name (a distinguishing identifier) and current IP address
`
`to the NBNS. See NetBIOS, page 385 (illustrating the "P-NODE REGISTRATION
`
`PROCESS"). Specifically, a NetBIOS "Name Registration Request" sent by an M or P node to a
`
`NetBIOS Name Server includes the field "NB_ADDRESS," which is the "IP address of the
`
`name's owner." Id. at 431. See also id. at 367 (describing how the NBNS may act as a '''bulletin
`
`board' on which name/address information is freely posted (and removed) by P and M nodes
`
`without validation by the NBNS. Alternatively, the NBNS may elect to completely manage and
`
`validate names."); id. at 388 ("Name query transactions are initiated by end-nodes to obtain the
`
`IP addressees) and other attributes associated with a NetBIOS name."); NetBIOS at 461-464
`
`(disclosing program code for the P-node name registration process) and 480-482 (disclosing
`
`program code for NBNS incoming packet processing for name registration). The NBNS thereby
`
`contains a list of names and corresponding IP addresses of point-to-point and mixed end-nodes.
`
`51 of 115
`
`SONY EXHIBIT 1003- Page 1163
`
`ReexamFH_001163
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`Claim 5 further requires "establishing a point-to-point communication with
`another process over the computer network."
`lJI 21. Once the node seeking to initiate the communication has obtained from the NBNS
`
`the IF address for the node to receive the communication, a point-to-point communication is
`
`established between the nodes. "The NetBIOS session service begins after one or more IP
`
`addresses have been found for the target name ... NetBIOS session service transactions, packets,
`
`and protocols are identical for all end-node types. They involve only directed (point-to-point)
`
`communications." NetBIOS at 397 (emphasis added). See also id. at 401:
`
`This first diagram shows the sequence of network events used to successfully
`establish a session without retargeting by the listener. The TCP connection is first
`established with
`the well-known NetBIOS
`session
`service TCP port,
`SSN_SRVC_TCP_PORT. The caller then sends a SESSION REQUEST packet
`over the TCP connection requesting a session with the listener. The SESSION
`REQUEST contains the caller's name and the listener's name. The listener
`responds with a POSITIVE SESSION RESPONSE informing the caller this TCP
`connection is accepted as the connection for the data transfer phase of the session.
`
`See also id. at 398-400 ("16.1: Overview of NetBIOS Session Service"), 361 ("A session is a
`
`reliable message exchange, conducted between a pair of NetBIOS applications. Sessions are
`
`fullduplex, sequenced, and reliable. Data is organized into messages."). In sum, NetBIOS
`
`discloses all of the elements of, and hence anticipates, claim 5 of the '469 Patent.
`
`DEPENDENT CLAIMS 2-3 AND 6
`
`Claim 2 recites: "The computer program product of claim I wherein the
`program code for establishing a point-to-point communication link further
`comprises: d.l program code, responsive to the network protocol address of
`a second process, for establishing a point-to-point communication link
`between the first process and the second process over
`the computer
`network."
`lJI 22. Once the node seeking to initiate the communication has obtained from the NBNS
`
`the IF address for the node to receive the communication, a point-to-point communication is
`
`established between the nodes. "The NetBIOS session service begins after one or more IP
`
`addresses have been found for the target name ... NetBIOS session service transactions, packets,
`
`and protocols are identical for all end-node types. They involve only directed (point-to-point)
`
`communications." NetBIOS at 397 (emphasis added). See also id. at 401:
`52 of 115
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`SONY EXHIBIT 1003- Page 1164
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`ReexamFH_001164
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`This first diagram shows the sequence of network events used to successfully
`establish a session without retargeting by the listener. The TCP connection is first
`established with
`the well-known NetBIOS
`session
`service TCP port,
`SSN_SRVC_TCP_PORT. The caller then sends a SESSION REQUEST packet
`over the TCP connection requesting a session with the listener. The SESSION
`REQUEST contains the caller's name and the listener's name. The listener
`responds with a POSITIVE SESSION RESPONSE informing the caller this TCP
`connection is accepted as the connection for the data transfer phase of the session.
`
`See also id. at 398-400 ("16.1: Overview of NetBIOS Session Service"), 361 ("A session is a
`
`reliable message exchange, conducted between a pair of NetBIOS applications. Sessions are
`
`fullduplex, sequenced, and reliable. Data is organized into messages.").
`
`Claim 3 recites: "The computer program product of claim 2 wherein the
`program code for establishing a point-to-point communication link further
`comprise: d.2 program code for transmitting, from the first process to the
`server process, a query as to whether the second process is connected to the
`computer network."
`lJI 23. As disclosed in NetBIOS, an end-node sends a "query" to the NBNS to determine
`
`whether another end-node with the target name is currently logged onto the computer network,
`
`and hence is registered with the NBNS. "Name query (also known as 'resolution' or
`
`'discovery') is the procedure by which the IP addressees) associated with a NetBIOS name are
`
`discovered." Id. at 377. NetBIOS point-to-point nodes "perform name resolution" by "ask[ing]"
`
`the NetBIOS Name Server for the IP address and other information of the target node with whom
`
`they wish to communicate. Id. See also id. at 388 ("Name query transactions are initiated by
`
`end-nodes to obtain the IP addressees) and other attributes associated with a NetBIOS name.").
`
`The NetBIOS Name Server "answers queries from a P node with a list ofIP address and other
`
`information for" the target name. Id. at 389. See also id. at 440 (RFC 1002 describing "Name
`
`Query Request"); id. at 464-465 (describing "P-Node Find Name Procedure"). "Each
`
`NODE_NAME entry represents an active name in the same NetBIOS scope as the requesting
`
`name in the local name table of the responder." Id. at 446. The query determines "whether the
`
`second process is connected to the computer network." NetBIOS discloses a number of
`
`mechanisms to track the online status of nodes. For example, "NetBIOS names may be released
`
`explicitly or silently by an endnode. Silent release typically occurs when an end-node fails or is
`
`turned off." id. 377. For point-to-point nodes, the "explicit name release" involves "send[ing] a
`
`53 of 115
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`SONY EXHIBIT 1003- Page 1165
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`ReexamFH_001165
`
`

`
`Request for Ex parte Reexamination
`U.S. Patent No. 6,009,469
`
`notification to their NBNS [NetBIOS Name Server]." Id. That is, upon going off-line, the node
`
`sends a "log-out" message to the NetBIOS Name Server, which then deletes the node's
`
`name/address entry from its database. See also id. at 393-394 (describing "NAME RELEASE
`
`TRANSACTIONS"). NetBIOS also discloses mechanisms designed to detect "silent" releases,
`
`i.e., when a nodes goes off-line without sending an explicit log-out message to the NBNS. Id. at
`
`360 ("An explicit name deletion function is specified, so that applications may remove a name.
`
`Implicit name deletion occurs when a station ceases operation."). These mechanisms include the
`
`refresh mechanism discussed above. Nodes which do not send a refresh message to their NBNS
`
`within a determined period of time are deemed to have gone off-line and their name/address
`
`entry is deleted from the NBNS. Id. at 378,382-383,394-395. See also id. at 378 (describing
`
`"name challenge" operation), 380 (describing "Node Status Request" operation), 381 ("15.1.7
`
`CONSISTENCY OF THE NBNS DATA BASE"), 383 ("A very cautious NBNS is free to poll
`
`nodes (by sending NAME QUERY REQUEST or NODE STATUS REQUEST packets) to
`
`verify that their name status is the same as that registered in the NBNS."). Thus, only logged-in
`
`nodes are registered with the NBNS. See, e.g., id. at 446 ("Each NODE_NAME entry represents
`
`an active name in the same NetBIOS scope as the requesting name in the local name table of the
`
`responder."). In sum, the requesting node receives the target node's IF address from the NBNS
`
`only if the target node is currently logged in; otherwise, the NBNS responds to the reques