of messages, assembly and disassembly of messages is necessary. Further,
`
`assembly or disassembly of messages would be performed in accordance with how
`
`such messages are defined as noted in element [B].
`
`Regarding a comparison being performed, EMV ’96 discloses that an error
`
`can be detected during communication involving the system or the terminal, which
`
`would require some form of comparison to a stored definition of how an acceptable
`
`message should be formatted.
`
`The First Data ‘879 Patent teaches the use of a distinct communication
`
`software module, referred to as a “communication processor” [the claimed “virtual
`
`message processor”] handling messaging functions with an “execution control
`
`processor” software module [the claimed “virtual function processor”]. The First
`
`Data ‘879 Patent explicitly teaches how distinct software modules can be used to
`
`handle communication processing separately from other processing.
`
`OMNI 300 discloses that a service call invoked by an application can initiate
`
`a data transfer. Regarding a message comparison, OMNI 300 performs a check for
`
`corrupt data received in messages by comparing a received cyclic redundancy
`
`check (CRC) value with calculated CRC value to determine if a match is present.
`
`Two bytes in the header of messages exchanged via a network are used for the
`
`comparison of CRC values, as indicated in the first table of element [B].
`
`Petitioner First Data - Exhibit 1009 - Page 26
`
`
`
`assembly or disassembly of messages would be performed in accordance with how
`
`such messages are defined as noted in element [B].
`
`Regarding a comparison being performed, EMV ’96 discloses that an error
`
`can be detected during communication involving the system or the terminal, which
`
`would require some form of comparison to a stored definition of how an acceptable
`
`message should be formatted.
`
`The First Data ‘879 Patent teaches the use of a distinct communication
`
`software module, referred to as a “communication processor” [the claimed “virtual
`
`message processor”] handling messaging functions with an “execution control
`
`processor” software module [the claimed “virtual function processor”]. The First
`
`Data ‘879 Patent explicitly teaches how distinct software modules can be used to
`
`handle communication processing separately from other processing.
`
`OMNI 300 discloses that a service call invoked by an application can initiate
`
`a data transfer. Regarding a message comparison, OMNI 300 performs a check for
`
`corrupt data received in messages by comparing a received cyclic redundancy
`
`check (CRC) value with calculated CRC value to determine if a match is present.
`
`Two bytes in the header of messages exchanged via a network are used for the
`
`comparison of CRC values, as indicated in the first table of element [B].
`
`Petitioner First Data - Exhibit 1009 - Page 26
`
`
`
`EMV ‘96
`[C] a virtual
`“An authorisation message shall be used when
`message processor, which
`is arranged to be called by transactions are batch data captured. A financial
`the function processor
`transaction message shall be used when online data
`and which is arranged to
`capture is performed by the acquirer.” EMV ’96, at
`carry out the message
`§2.l, p. III-6. “The terminal shall be able to support at
`handling tasks of
`least one or more Issuer Scripts in each authorization
`assembling the messages,
`or financial transaction response it receives .
`.
`. .” 1d,,
`disassembling messages
`at §2.2.9, p. I-10. Further, “The terminal shall transmit
`and comparing the
`the Issuer Script Results in the batch data capture
`messages under the
`message .
`.
`. .” Id.
`direction of the message
`“ ‘OF’ - PROCESSING ERROR - Displayed to
`instruction means that is
`the cardholder or attendant when the card is removed
`arranged to provide
`directions for operation of before the processing of a transaction is complete or
`the virtual message
`when the transaction is aborted because of a power
`processor,
`failure, or the system or terminal has malfunctioned,
`such as communication errors or time-outs.” Id., at pp.
`III-3, III-4.
`
`The First Data ‘879 Patent
`
`1
`FIG.
`EXLCUIION CONIROL
`
`First
`
`Data, Fig. 1. “It
`should be
`understood that
`
`the tCITl’l
`
`processor used
`herein refers to a
`
`USER
`
`W
`GRAPHICAL
`“
`LSER
`INIERF.-\.CE
`
`_‘
`
`Rpm
`PROCESSOR
`
`mm,
`1‘
`fvERF|’<IJ§;
`
`_
`
`,
`
`Phgggn
`
`software module
`operating to
`perform a
`particular task or
`gfO1lp Of tasks.
`A Single Such
`module may
`actually be running on a variety of hardware
`architectures which could include single or multiple
`hardware processors.” First Data ‘879 Patent, at col.
`2, 11. 58-63.
`
`HELP
`PROCESSOR
`
`COMMUNICATION
`PROCESSOR
`CONNECTIONS
`NETWORK
`
`Petitioner First Data - Exhibit 1009 - Page 27
`
`
`
`“The execution control processor 10 is also
`coupled to a communications processor 20.” 1d,, at
`col. 4, ll. 5, 6.
`
`OMNI 300
`
`An application causes communication to occur:
`“Terminal applications may be programmed to
`initiated ZONTALK 2000 downloads (full or partial)
`by using the following service call: result —
`SVC_ZONTALK(x) .
`.
`.
`OMNI 300, p. 2-4.
`
`Messages are both assembled for transmission
`
`and disassembled following being received:
`
`Figure 10-1:
`NORM
`Message
`Protocol
`
`'
`
`‘E
`
`1d,, at p. 10-8. Such messages are constructed
`
`and deconstructed in accordance with “struct
`
`packet_header” as detailed in element [B].
`
`“Corrupt Data — If the destination terminal
`receives a data packet whose CRC-16 entry does not
`match the terrninal’s CRC calculation, it sends a NAK
`to the sending terminal.” 1d,, at p. 10-10.
`
`Element D. This element of the ‘945 Patent is directed to calling a message
`
`processor to handle a message. Each of EMV ’96 and the First Data ‘879 patent
`
`disclose a software module being called to handle a message. Further, OMNI 300
`
`_ 10 _
`
`Petitioner First Data - Exhibit 1009 - Page 28
`
`
`
`specifies how an application can call on a communication software module to
`
`handle a message exchange such that a download can occur. In OMNI 300, an
`
`application (which could be executing as a first software module) can make a call
`
`to start a download (which is handled by a separate software module).
`
`[D] whereby when
`a message is required to
`be handled by the
`communications device
`the message processor is
`called to carry out the
`message handling task,
`
`EMV ‘96
`“If the card indicates to process online, the
`terminal shall transmit an authorization or financial
`transaction request message, if capable.” EMV ’96, at
`§2.2.7, p. 1-10.
`
`“The terminal shall be able to recognize the tag
`for the Issuer Script transmitted in the response
`message. If the tag is ‘7l’, the terminal shall process
`the script before issuing the second GENERATE AC
`command.” EMV ‘96, at §2.2.9, p. 1-1 1.
`
`The First Data ‘879 Patent
`
`“The Execution control processor 10 is also
`coupled to a communications processor 20. The
`communications processor 20 allows the integrated
`system to communicate with other system through
`network connections. According to one embodiment
`of the present invention, the communications
`processor 20 allows for communication with an
`integrated communications platform system to allow
`for session-based communications with a host
`
`computer.” First Data, col. 4, ll. 5-8. “The
`communications processor 20 acts as an interface
`between the integrated systems and whatever
`communication facilities are available via network
`
`connections.” 1d,, at col. 4, 11. 32-35.
`
`“The system of the present invention then uses
`this serial number to access the data files of the host
`
`computer through the communications processor 20
`
`_ 11 _
`
`Petitioner First Data - Exhibit 1009 - Page 29
`
`
`
`and network connections as described in step 116.”
`Id., at col. 14, ll. 4-7.
`
`OMNI 300
`
`The application may initiate a LAN download:
`“OMNI 300 Series LAN terminals support application
`download Via the LAN port. Prior to beginning the
`download, each terminal must have a particular set of
`parameters present in its CONFIG.SYS file.” OMNI
`300, p. 2-4. “Terminal applications may be
`programmed to initiate ZONTALK 200 downloads
`(full or partial) by using the following service call:
`result=SVC_ZONTALK(x); .
`. .” Id.
`
`The exchange initiated by such a request may be
`
`represented as:
`
`Tbtmlrul
`
`Download Rnquest Paduat (ssq no. 0)
`
`<:ENO>(saqno.0)
`<——T-—-2
`Sign-onPad:nt(saqnot0):.
`
`Element E. This element of the ‘945 Patent requires that the implemented
`
`Virtual machine be emulatable on different computers (e.g., different POS devices)
`
`_ 12 _
`
`Petitioner First Data - Exhibit 1009 - Page 30
`
`
`
`having different, incompatible hardware platforms or different, incompatible
`
`operating systems. EMV ’96 and the First Data ‘879 Patent disclose such an
`
`ability to be emulatable on different hardware platforms and/or different operating
`
`systems. Further, OMNI 300 indicates how different dialects of the C
`
`programming language can be used to allow for compatibility across varying
`
`systems. OTA indicates how application programs for OTA terminals can be
`
`“completely platform independent.”
`
`[E] wherein the
`virtual machine means is
`
`emulatable in different
`
`computers having
`incompatible hardwares
`or operating systems.
`
`EMV ‘96
`
`“The kernel for each particular CPU type is
`written to make that processor emulate the virtual
`machine. The virtual machine concept makes a high
`degree of standardisation possible across widely
`varying CPU types and simplifies program portability,
`testing, and certification issues.” EMV ‘96, at 111.44,
`p. II-5.
`
`Also, see element [A] re: EMV ’96, §l.4.l, pp.
`II-3-H-4.
`
`The First Data ‘879 Patent
`
`“The financial instrument processing system of
`the present invention comprises an obj ect-oriented
`software system that is highly portable between
`various hardware platforms. The architecture of the
`integrated software system is constructed such that the
`system can be easily and conveniently ported to a
`variety of operating system such as MS DOS,
`Windows, OS2, or UNIX.” First Data ‘8 79 Patent,
`
`col. 2, 11. 43-49.
`
`OMNI 300
`
`“VeriFone supports the Standard ANSI C and a
`
`_ 13 _
`
`Petitioner First Data - Exhibit 1009 - Page 31
`
`
`
`UNIX-V7 compatible dialect of the C language (non-
`ANSI) for TXO application development.” OMNI
`300, p. 3-1.
`
`“VeriFone has maintained programming
`compatibility to enable you to port application source
`code from one terminal platform to another.” p. F-1,
`Table F-1, p. F-2 and p. F-7
`
`OTA
`
`“Using the ‘Open Terminal Architecture’ (OTA)
`it will be possible for credit card issuers and acquirers
`to write application programs that will be completely
`platform independent, and run on all OTA-compliant
`kernels.” OTA, p. 73, 1.
`
`Claim 2. Claim 2 of the ‘945 Patent discloses that a virtual protocol
`
`processor is used to organize communications. The protocol processor has
`
`instructions which direct the operation of the protocol processor. The ‘945 Patent
`
`describes the “protocol processor” as follows: “The protocol processor means is
`
`preferably a program module the specific function of which is to control and select
`
`the sequence of message processor operations in relation to messages received and
`
`transmitted.” Col. 4, 11. 27-30. “The protocol instructions are divided into
`
`‘sections’ 130, ‘lines’ 131 and ‘protocol commands’ 132, as illustrated in FIG.
`
`12A. FIG. 12B illustrates how an instruction is displayed on a development tool
`
`for protocol instructions. Protocol instructions describe message flow both from
`
`_ 14 _
`
`Petitioner First Data - Exhibit 1009 - Page 32
`
`
`
`and to the device. The top line specifies outgoing messages and the other lines
`
`display possible incoming results.” Col. 15, l 63 — Col. 16, l. 2.
`
`The control and sequencing of messages is shown in Omni 300, such as the
`
`example chart in Claim 1, element [D] above. OMNI 300’s exchange of messages
`
`in claim 1 element [D] indicates how the terminal responds to a sequence of
`
`messages, the messages and acknowledgments having distinct sequence numbers.
`
`As detailed below, control is exercised over packets by OMNI 300 indicating that
`
`transmitted messages are sequenced and the sequencing of received packets is
`
`monitored to ensure that packets are not processed if an invalid sequence number is
`
`identified. Whether the instructions for controlling and sequencing messages
`
`(“protocol processor”) and the instructions for assembling and disassembling
`
`messages (“message processor”) are in the same module (virtual processor) or not
`
`is a simple matter of design choice. The ‘945 Patent describes the advantage of
`
`being in native code, and that is shown in the claim 1 chart above.
`
`EMV ’96 involves a terminal communicating via a network, thereby
`
`necessarily requiring the network’s protocol (sequence of messages) to be handled
`
`by the connected terminal. It is inherent that protocol handling by the terminal rely
`
`on some form of instructions in order for communications to be organized in
`
`accordance with the protocol. OMNI 300 clarifies that sequencing and control of
`
`messages (e.g., ignoring messages based on a sequence number) is handled by the
`
`_ 15 _
`
`Petitioner First Data - Exhibit 1009 - Page 33
`
`
`
`terminal. Each message is assigned a sequence number, which identifies the
`
`proper order of data packets. Such ordering constitutes organization of
`
`communications.
`
`Further, the First Data ‘879 Patent discloses that the communication
`
`processor, which is a software module, communicates with other systems via a
`
`network connection. Such network-based communication requires that the
`
`appropriate network protocols be enforced by the device. Also, OTA indicates that
`
`the handling of a protocol occurs at the target system (the POS device). This
`
`handling of the protocol is performed by instructions stored in a ROM of the
`
`terminal. The loading of code into the te1minal’s ROM allows for a protocol of the
`
`interactive development link to be handled.
`
`Patent
`
`2. A device in
`
`EMV ’96
`
`accordance with
`
`claim 1, further
`comprising a virtual
`protocol processor
`arranged to organize
`communications to
`
`and from the device,
`and protocol
`processor instruction
`means arranged to
`provide directions
`for operation of the
`protocol processor
`
`Acquirer Host
`
`EMV ’96, p. 1-5.
`
`The First Data ‘879 atent
`
`“The communications processor 20 allows the
`integrated system to communicate with other systems
`through network connections. According to one
`
`-16-
`
`Petitioner First Data - Exhibit 1009 - Page 34
`
`
`
`embodiment of the present invention, the communications
`processor 20 allows for communication with an integrated
`communications platform system to allow for session-based
`communications with a host computer.” The First Data
`‘879patent, p. 4, ll. 6-8.
`
`OMNI 300
`Sequence Number—Bytes #9—12
`
`Identifies order of data packets from sending terminal.
`Defined as unsigned long tx_seq:
`Range of values: 0 - OXFFFFFFFF
`See Sequence Numbers later in this section.
`
`The application may write to the tx_seq fietd it the t ype held
`is DOWNLOAD or d
`s t_a dd r is BROADCAST Othenvise. the
`operating system controls the sequence field and overwntes
`any value set by the application. If an application-generated
`BROADCAST message is the first message after LAN
`rnitiatization. the application must manuatty set the sequence
`
`OMNI 300, p.
`
`”””"”°"° "
`10-5 , 1 0-6.
`“Generally, if a terminal receives more than one
`packet with the same sequence number, the second packet
`and all subsequent packets with the same sequence number
`are ACKed but are thrown away.” Id., at p. 10-11.
`
`“The firmware checks sequence numbers of all
`packets in the download protocol. Any packet with an
`invalid sequence number is ignored by the firmware, and is
`not passed up to the application. In all protocols, the
`sequence numbers of packets prior to and including the
`ENQ packet is zero. After the ENQ packet, the sequence
`numbers are incremented after every ACK is sent or
`received. The sequence numbers of all ACKs must match
`the sequence numbers of the packets they are ACKing.”
`1d,, at p. 10-48.
`
`OTA
`
`“An OTA development environment for a terminal
`small program to support the terminal end of the Interactive
`Development Link (IDL) protocol is usually placed in the
`terrninal’s ROM ”. OTA,
`.
`'
`. 1.
`
`_ 17 _
`
`Petitioner First Data - Exhibit 1009 - Page 35
`
`
`
`Claim 3. Claim 3 of the Ogilvy ‘945 patent requires that the protocol
`
`processor run in the microprocessor’s native code. EMV ’96 indicates that virtual
`
`processor instructions can be implemented as the actual code for the target CPU.
`
`Such recitations would be obvious to combine with OMNI 300, which discloses
`
`sequencing and control of messages (e.g., ignoring messages based on a sequence
`
`number) is handled by the terminal. Therefore, handling of protocols could be
`
`performed in the native code of the processor on which the “protocol processor” is
`
`implemented. OTA discloses that instructions to handle a protocol may be loaded
`
`to the terminal’s ROM and OTA further indicates that a virtual machine may be
`
`implemented as native code.
`
`The ‘945 Patent —
`3. A device in accordance with
`EMV ’96
`
`claim 2, wherein the device includes a
`microprocessor which runs in
`accordance with native software code
`and the protocol processor is
`implemented as a native software code
`of the microprocessor.
`
`“Virtual machine emulation may
`be accomplished by one of three
`methods: interpreting virtual machine
`instructions, translating the virtual
`machine language into a directly
`executable ‘threaded code’ form, or
`translating it into actual code for the
`target CPU.” EMV ’96, at §l.4.4, p. 11-
`5.
`
`Omni 300
`
`See claim 2, re: OMNI 300.
`
`OTA
`
`See claim 1, element [A] and
`claim 2, re: OTA
`
`_ 18 _
`
`Petitioner First Data - Exhibit 1009 - Page 36
`
`
`
`Claim 4. This claim of the ‘945 Patent requires that the protocol instruction
`
`means does not require translation to the native code of the microprocessor. EMV
`
`’96 discloses several options for implementation of a virtual machine, including
`
`implementing as the actual code discussed with respect to claim 3, and that virtual
`
`machine emulation may involve interpreting virtual machine instructions. Such
`
`recitations would be obvious to combine with OMNI 300, which discloses control
`
`and sequencing of messages being managed by the terminal. Implementing the
`
`protocol processing of OMNI 300 using a virtual machine implementation of EMV
`
`’96 that does not require translation would have been obvious. Further, OTA
`
`discloses that instructions to handle a protocol may be loaded to the terrninal’s
`
`ROM and OTA further indicates that implementation of a virtual machine may not
`
`require translation in a processor’s native code.
`
`The ‘945 Patent —
`4. A device in accordance with
`EMV ‘96
`
`claim 2, wherein the device includes a
`microprocessor which runs in
`accordance with native software code
`and wherein the protocol instruction
`means are implemented in software
`defined by the protocol processor
`means, and do not require translation to
`the native code of the microprocessor.
`
`“Virtual machine emulation may
`be accomplished by one of three
`methods: interpreting virtual machine
`instructions, translating the virtual
`machine language into a directly
`executable ‘threaded code’ form, or
`translating it into actual code for the
`target CPU.” EMV ‘96, at §l.4.4, p. 11-
`5.
`
`Omni 300
`
`See claim 2, re: OMNI 300.
`
`_ 19 _
`
`Petitioner First Data - Exhibit 1009 - Page 37
`
`
`
`claim 2, re: OTA
`
`See claim 1, element [A] and
`
`OTA
`
`Claim 5. This claim of the ‘945 Patent requires that the message processor
`
`be implemented in the native code of the microprocessor. EMV ’96 and OTA
`
`disclose that virtual machine emulation may be based on implementation in the
`
`actual code for CPU. Further, the communication processor of the First Data ‘879
`
`Patent, is implemented as a software module that is executed by an underlying
`
`hardware processor, and therefore is in the native code of the microprocessor.
`
`The ‘945 Patent —
`5. A device in accordance with claim 1,
`EMV ‘96
`wherein the device includes a microprocessor
`See claim 3 re: EMV ‘96, at
`which runs in accordance with native software
`§l.4.4, p. II-5.
`code, and the message processor is
`implemented as the native software code of the
`microprocessor.
`
`See claim 1, element [C].
`
`See claim 1, element [A].
`
`OTA
`
`Claim 6. Claim 6 of the ‘945 Patent requires that the software functioning as
`
`the function processor be in the native code of the microprocessor. EMV ’96 and
`
`OTA disclose that a kernel that allows for the virtual machine function on various
`
`CPU types be written for the type of CPU on which it will be implemented.
`
`_ 20 _
`
`Petitioner First Data - Exhibit 1009 - Page 38
`
`
`
`Further, EMV ’96 and OTA explicitly state that the virtual machine instructions
`
`can be translated into instructions for the processor’s native code.
`
`The ‘945 Patent
`6. A device in
`EMV ‘96
`
`accordance with claim 5,
`wherein the function
`processor is implemented
`as native code of the
`microprocessor.
`
`“Virtual machine emulation may be
`accomplished by one of three methods: interpreting
`virtual machine instructions, translating the virtual
`machine language into a directly executable ‘threaded
`code’ form, or translating it into actual code for the
`target CPU.” EMV ‘96, at §l.4.4, p. II-5.
`
`See claim 1, element [E], EMV ’96.
`
`OTA
`
`“A kernel contains all functions whose
`
`implementation depends upon a particular platform
`(CPU and OS).” OTA, p. 74.
`
`See claim 1, element [A] re: OTA.
`
`Claim 7. Claim 7 of the ‘945 Patent requires that the message processor
`
`need not be translated into the native software code of the microprocessor. EMV
`
`’96 explicitly states that the virtual machine instructions do not need to be
`
`translated into native instructions for the microprocessor. When combined with
`
`the First Data ‘879 Patent, which discloses a separate communication processor
`
`module being used, it is obvious that a message processor could be implemented in
`
`the native software code of a microprocessor.
`
`The ‘945 Patent —
`
`_ 21 _
`
`Petitioner First Data - Exhibit 1009 - Page 39
`
`
`
`7. A device in accordance with
`
`EMV ‘96
`
`claim 1, wherein the message processor
`instruction means is implemented in
`software defined by the message
`processor, wherein the device includes a
`microprocessor, and wherein the
`message instruction means do not
`require translation to the native software
`code of the microprocessor.
`
`“Virtual machine emulation may
`be accomplished by one of three
`methods: interpreting virtual machine
`instructions, translating the virtual
`machine language into a directly
`executable ‘threaded code’ form, or
`translating it into actual code for the
`target CPU.” EMV ‘96, at §l.4.4, p. 11-
`5.
`
`
`
`First Data ‘879 Patent
`
`See claim 1, element [C], re: the
`First Data ‘8 79 Patent.
`
`Claim 8. Claim 8 of the ‘945 Patent requires that the function processor
`
`need not be translated into the native software code of the microprocessor. EMV
`
`’96 explicitly states that the virtual machine instructions does not need to be
`
`translated into native instructions for the microprocessor. The virtual machines of
`
`EMV ’96 and OTA allow for code that is interpreted by a virtual machine (i.e.,
`
`written in code for the virtual machine rather than the processor itself). The virtual
`
`machine, which executes on the CPU, performs the instructions.
`
`The ‘945 Patent —
`8. A device in accordance with
`EMV ‘96
`
`executable ‘threaded code’ form, or
`
`claim 1, wherein the device includes a
`microprocessor which runs in
`accordance with native software code,
`and wherein the function processor
`instruction means are implemented in
`software defined by the function
`
`“Virtual machine emulation may
`be accomplished by one of three
`methods: interpreting virtual machine
`instructions, translating the virtual
`machine language into a directly
`
`_ 22 _
`
`Petitioner First Data - Exhibit 1009 - Page 40
`
`
`
`processor means and do not require
`translation to the native code of the
`microprocessor.
`
`translating it into actual code for the
`target CPU.” EMV ’96, at §1.4.4, p. 11-
`5.
`
`See claim 1, element [A], EMV
`
`OTA.
`
`’96.
`
`OTA
`
`See claim 1, element [A] re:
`
`Claim 9. Claim 9 of the ‘945 Patent requires that a hardware abstraction
`
`layer be present that includes a series of routines which provide an API to exercise
`
`an operating system, BIOS, or hardware drivers of the device. EMV ’96 specifies
`
`that device drivers are included as part of the kernel to allow a virtual machine to
`
`be implemented on a specific real machine. EMV ’96 also discloses that an
`
`operating system that interacts with a variety of routines that can be called by
`
`applications. OMNI 300, such as in relation to claim 2, discloses the use of
`
`various abstraction layers in relation to hardware as part of the OSI model. Also,
`
`OTA discloses the concept of a kernel which serves as the interface between the
`
`virtual machine and the specific operating system and hardware of the terminal.
`
`The ‘945 Patent
`
`_ 23 _
`
`Petitioner First Data - Exhibit 1009 - Page 41
`
`
`
`9. A device in
`
`EMV ‘96
`
`“The kernel contains
`device drivers, interface
`routines, security and control
`functions, and the software for
`translating from the virtual
`machine language to the
`language used by the real
`machine. In other words, the
`kernel is the implementation of
`the virtual machine on a specific
`real machine.” Id., at §3, p. X.
`
`.
`
`.1
`
`,
`
`-
`
`'
`
`c...
`
`Operating
`Systeln
`
`Figure ll-1 - Terminal
`Software
`
`EMV ’96, §l.2, p. II-2.
`
`OMNI 300
`
`See claim 1, element [D] and claim 2.
`
`E “
`
`A kernel contains all functions whose
`
`implementation depends upon a particular platform
`(CPU and OS). It includes a selected subset of
`ANS Forth words, plus a number of specialized
`OTA functions such as terminal I/O support, token
`loader/interpreter support, and operations designed
`to support the particular needs of payment
`programs.” OTA, p. 74, 117.
`
`accordance with claim 1,
`including a hardware
`abstraction layer comprising
`a series of routines which
`provide an application
`program interface to exercise
`an operating system, BIOS
`or hardware drivers of the
`device.
`
`Claims 10 and 11. Claims 10 and 11 of Ogilvy focus on the type of device
`
`claimed. Claim 10 focuses on a device that is a network access device and claim
`
`11 focuses on a remote payment terminal. A point of service device, as presented
`
`_ 24 _
`
`Petitioner First Data - Exhibit 1009 - Page 42
`
`
`
`in relation EMV ’96, is a network access device that communicates with a host to
`
`provide financial services, such as purchase transactions. In addition, both OMNI
`
`300 and The First Data ‘879 Patent disclose network access devices and, more
`
`specifically, remote payment terminals that communicate with a host system. OTA
`
`discloses the use of credit card terminals, which require communication via a
`
`network with a host system in order to perform credit card transactions, such as
`
`8051-based POS terminals.
`
`The ‘945 Patent —
`10. A device in accordance with
`EMV ‘96
`
`claim 1, wherein the device is a
`specialized network access device
`arranged for communication over a
`network.
`
`See claim 1, Preamble, EMV ’96.
`
`OMNI 300
`“The OMNITM 300 Series is a
`
`family of dial-type and LAN-type
`.
`.
`transaction automation systems .
`.
`These terminals are ideal for a multitude
`
`of applications, including: Point of
`Sale/Service (POS). OMNI 300, p. 1-1.
`
`First Data ‘879 Patent
`
`“According to another
`embodiment of the present invention, a
`communications processor is included
`and is operable to communicate with the
`data base processing system to provide
`information stored in the data base
`
`processing system to other systems such
`as host accounting systems.” First Data
`‘879 Patent, col. 1, l. 66 — col. 2, l. 4.
`
`OTA
`
`“The purpose of an OTA system
`
`_ 25 _
`
`Petitioner First Data - Exhibit 1009 - Page 43
`
`
`
`is to provide software to run in terminals
`used in payment applications.” OTA, p.
`73, 1B. “This will require new software
`in all credit card terminals (ranging from
`8051-based POS terminals to high-end
`
`11. A device in accordance with
`
`See claim 10.
`
`a ment transactions.
`
`claim 10, the device being a remote
`payment terminal and the messages
`being messages relating to remote
`
`Claim 12. Independent claim 12 of Ogilvy is a method claim that is
`
`substantially similar to claim 1 in scope.
`
`The ‘945 Patent —
`12. A method of programming a
`See claim 1, Preamble.
`device for processing communications,
`comprising the steps of
`loading a processing means of the
`device with a virtual machine which
`
`See claim 1, element [A].
`
`includes a virtual function processor and
`function processor instructions for
`controlling operation of the device,
`
`and a virtual message processor
`which is arranged to be called by the
`functions processor and which is
`arranged to carry out the task of
`assembling, disassembling and
`comparing messages, under the
`direction of the message instruction
`means that is arranged to provide
`directions for operation of the virtual
`
`rocessor,
`
`whereby when a message is
`required to be handled by the
`
`See claim 1, elements [B] and
`
`[C].
`
`See claim 1, element [D].
`
`-26-
`
`Petitioner First Data - Exhibit 1009 - Page 44
`
`
`
`communications device the message
`processor is called to carry out the
`message handling task,
`wherein the virtual machine
`means is emulatable in different
`
`computers having incompatible
`
`hardwares or o eratin; s stems.
`
`See claim 1, element [E].
`
`Claim 13. This claim of the ‘945 Patent requires that processor of claim 12
`
`be loaded with a virtual protocol processor to handle organization of
`
`communications to and from the device, with protocol processor instructions
`
`controlling the protocol processor. Both EMV ’96 and OMNI 300 discloses that
`
`software can be loaded to their respective devices. Further, by definition, software
`
`that is implemented by a processor must at some point be loaded onto the
`
`processor; otherwise the processor would have no way of having the software
`
`available. Moreover, OTA discloses that programs (instructions) can be
`
`downloaded to a terminal.
`
`The ‘945 Patent —
`13. A method in accordance with
`EMV ‘96
`
`elements secific to a ment s stem
`
`claim 12, comprising the further step of
`loading the processor means of the
`device with a virtual protocol processor
`arranged to organize communications to
`and from the device, and protocol
`processor instructions arranged to
`provide directions for operation of the
`protocol processor.
`
`“A means of software upgrade
`shall be supported wherever this is not
`in conflict with national legal
`restrictions. The software upgrade may
`be facilitated from a remote site over a
`network or locally.” EMV ’96, p. II-7.
`
`“A means for updating data
`
`_ 27 _
`
`Petitioner First Data - Exhibit 1009 - Page 45
`
`
`
`applications shall be supported wherever
`this is not in conflict with national legal
`restrictions. Data update may be
`facilitated from a remote site over a
`
`network or locally.” 1d,, at p. 11-11.
`
`OMNI 300
`
`“OMNI 300 Series firmware
`
`support several methods of downloading
`application, data and configuration files
`to the terminal.” OMNI 300, p. 2-3.
`
`See claim 1, element [D],and
`claim 2 re: OMNI 300.
`
`OTA
`
`“For final testing using the
`terminal’s own kernel and I/O, these
`programs would be tokenized .
`.
`. and
`downloaded to the target terminal.”
`OTA, .74 1.
`
`Claim 14. Independent claim 14 is substantially similar to claim 1 in scope.
`
`While claim 1 is directed to a device, the instructions of EMV ’96, The First Data
`
`‘879 Patent, and OMNI 300 are implemented as software, thus a computer memory
`
`is used to store such instructions for execution as indicated in claim 14.
`
`The ‘945 Patent —
`14. A computer memory storing
`See claim 1, element [A].
`instructions for controlling a computing
`device to implement a virtual machine
`means
`
`
`
`which includes a virtual function
`processor and function processor
`
`See claim 1, element [A].
`
`-23-
`
`Petitioner First Data - Exhibit 1009 - Page 46
`
`
`
`instructions for controlling operation of
`the device,
`
`and a virtual message processor
`which is arranged to be called by the
`function processor and which is
`arranged to carry out the task of
`assembling, disassembling and
`comparing messages, under the
`direction of the message instruction
`means that is arranged to provide
`directions for operation of the virtual
`
`rocessor,
`
`whereby when a message is
`required to be handled by the
`communications device the message
`processor is called to carry out the
`message handling task,
`wherein the virtual machine
`means is emulatable in different
`
`computers having incompatible
`hardwares or o eratin; s stems.
`
`See claim 1, elements [B] and
`
`[C].
`
`See claim 1, element [D].
`
`See claim 1, element [E].
`
`Claim 15. Claim 15 of the ‘945 Patent is substantially similar to recitations
`
`previously discussed in relation to claim 1, element [B].
`
`operation of the message processor.
`
`15. A computer readable memory
`in accordance with claim 14, further
`storing instructions for implementing
`message processor instruction means
`arranged to provide directions for
`
`See claim 1, element [B].
`
`_ 29 _
`
`Petitioner First Data - Exhibit 1009 - Page 47
`
`
`
`Claims 16 and 17. Claim 16 and 17 of the ‘945 Patent are directed to
`
`implementation of a virtual protocol processor. Similar to as detailed in relation to
`
`claim 2, OMNI 300 discloses that the control and sequencing of messages is shown
`
`in Omni 300, such as the example chart in Claim 1, element [D]. Whether the
`
`instructions for controlling and sequencing messages (“protocol processor”) and
`
`the instructions for assembling and disassembling messages (“message processor”)
`
`are in the same module (virtual processor) or not is a simple matter of design
`
`choice. The example in claim 1 element [D] indicates how the terminal responds
`
`to a sequence of messages, the messages and acknowledgments having distinct
`
`sequence numbers. Further, control is exercised over packets by OMNI 300
`
`indicating that transmitted messages are sequenced and the sequencing of received
`
`packets is monitored to ensure that packets are not processed if an invalid sequence
`
`number is identified.
`
`The ‘945 Patent —
`16. A computer readable memory
`See claim 2.
`in accordance with claim 14, further
`storing instructions for implementing a
`virtual protocol processor arranged to
`organize communications to and from
`the computing device.
`17. A computer readabl
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