UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`AMERICAN MEGATRENDS, INC.,
`MICRO-STAR INTERNATIONAL CO., LTD,
`MSI COMPUTER CORP.,
`GIGA-BYTE TECHNOLOGY CO., LTD., AND
`G.B.T., INC.
`Petitioners,
`
`v.
`
`KINGLITE HOLDINGS INC.
`
`Patent Owner
`
`_________________
`
`Case IPR2015-TBA
`
`U.S. Patent 6,487,656
`
`_________________
`
`DECLARATION OF STEFANO RIGHI
`
`
`
`1
`
`
`
`
`
`1
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`_________________
`
`AMERICAN MEGATRENDS, INC.,
`MICRO-STAR INTERNATIONAL CO., LTD,
`MSI COMPUTER CORP.,
`GIGA-BYTE TECHNOLOGY CO., LTD., AND
`G.B.T., INC.
`Petitioners,
`
`v.
`
`KINGLITE HOLDINGS INC.
`
`Patent Owner
`
`_________________
`
`Case IPR2015-TBA
`
`U.S. Patent 6,487,656
`
`_________________
`
`DECLARATION OF STEFANO RIGHI
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`
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`1
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`1
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`
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`I, Stefano Righi, declare as follows:
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`1.
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`I have been retained by Hill, Kertscher, & Wharton, LLP, which
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`represents American Megatrends, Inc., Micro-Star International Co., Ltd, MSI
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`Computer Corp., Giga-Byte Technology Co., Ltd., and G.B.T., Inc. in connection
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`with a petition for inter partes review of U.S. Patent No. 6,487,656 (the “656
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`Patent”). I understand that the 656 Patent is currently assigned to Kinglite Holdings
`
`Inc.
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`SCOPE OF ANALYSIS
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`2.
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`I have reviewed and am familiar with the 656 Patent, which was filed
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`on December 10, 1999 and issued on November 26, 2002. I understand that the 656
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`Patent includes 27 claims. I also understand that the Petition for inter partes review
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`that accompanies this Declaration seeks to cancel claims challenged claims 1, 2, 10,
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`11, 19 and 20 of the 656 Patent.
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`3. My analysis assumes that the time of invention is December 10, 1999,
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`which is the filing date of the 656 Patent.
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`4.
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`I have reviewed and am familiar with various references, written
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`materials, and literature, identified as follows:
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`
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`Ex. 1001 U.S. Patent No. 6,487,656 to Kim et al (“656 Patent”)
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`Ex. 1002
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`The file history of the 656 Patent
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`Ex. 1003 U S. Patent No. 6,317,828 (“Nunn”)
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`2
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`2
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`
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`Ex. 1004
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`The NexGen user manual (“NexGen”)
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`Ex. 1005 AMIBIOS Technical Reference 98 (“AMIBIOS”)
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`Ex. 1006 U.S. Patent No. 6,115,813 (“Hobson”)
`
`Ex. 1007
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` ISO/IEC 8859-1 (“ISO 8859-1”)
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`Ex. 1008 U.S. Patent No. 6,269,441 (“Lee”)
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`Ex. 1009 U.S. Patent No. 6,073,206 to Piwonka et al. (“Piwonka”)
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`Ex. 1010 VESA BIOS Extension 3.0 (“VESA”)
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`Ex. 1011 BIOS Boot Specification 1.01 Jan 11 1996 - Appendix A
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`5.
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`I have been asked to consider how a person of ordinary skill in the art
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`(“POSITA”) would have understood the claims subject to inter partes review in light
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`of the disclosure of the 656 Patent. I have also been asked how a POSITA would
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`have understood and applied the references identified in paragraph 4 above.
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`6.
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`The only compensation that I am receiving is my normal employee
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`salary paid by American Megatrends. My compensation is not dependent on the
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`outcome of this inter partes review and in no way affects the substance of my
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`statements in this declaration.
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`BACKGROUND OF 656 PATENT’S TECHNOLOGY
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`7.
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`The general field of technology is displaying information through the
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`use of an interface module that relates to the functionalities of a Basic Input/Output
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`3
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`3
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`
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`System (BIOS). (Ex. 1001, p. 14, 1:6-9). The specification of the 656 Patent says
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`that “[t]he interface module translates the system device information to provide
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`translated information” (Ex. 1001, p.1, Abstract) and render textual or graphical
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`display of translated information.
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`8.
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`The interface module described in the 656 Patent can be summarized
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`as a system which: 1) obtains device information from a BIOS based on a BIOS
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`request, and after performing its functions 2) presents the information (making use
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`of services of a display module) in a readable format for display to a user.
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`QUALIFICATIONS AND EXPERTISE
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`9. My resume/curriculum vitae is attached to this declaration as Exhibit
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`A.
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`10.
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`I have over 30 years of experience in firmware and software
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`development, working with networked computer systems, software and hardware
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`design and with the underlying technologies of the patent, such as BIOS
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`development, chip-set (core logic) development, mother boards development, X86
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`Personal Computers development.
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`11.
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`I have served as a Vice President of Software Utility for American
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`Megatrends (AMI) from March 2009 to present and managed the development
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`grounds for DOS, Windows, and Linux. I won OEM contracts with Dell, Microsoft,
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`and Lenovo. Additionally, I have served as AMI’s representative at the UEFI Forum
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`
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`4
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`4
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`
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`Board of Directors. I was previously the Director of Software Utility for AMI for
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`more than eight years.
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`12. Prior to joining AMI, I was employed with Olivetti’s consumer division
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`and riprografic division where I, among other things, developed BIOS for personal
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`computer and laser printer technology and firmware. Additionally from 1990-1998,
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`I was an R&D Manager for Selca SpA where I managed the user interface and
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`communications R&D group for the product line SELCA S3000 Numeric Control
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`Systems.
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`13.
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`In 1984 I obtained a master degree in electronic engineering from the
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`University of Bologna.
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`A PERSON OF ORDINARY SKILL IN THE ART
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`14.
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`I am advised and understand that a person of ordinary skill in the art is
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`a hypothetical person who is presumed to have known the relevant art at the time of
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`the invention. Factors that may be considered in determining the level of ordinary
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`skill in the art may include: (1) the type of problems encountered in the art; (2) prior
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`art solutions to those problems; (3) rapidity with which innovations are made; (4)
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`sophistication of the technology; and (5) educational level of active workers in the
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`field.
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`
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`5
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`5
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`15.
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`I have been advised and understand that a person having ordinary skill
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`in the art (“POSITA”) is presumed to be aware of all pertinent art, thinks along
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`conventional wisdom in the art, and is a person of ordinary creativity.
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`16. Given the foregoing considerations, my opinion is that a POSITA at the
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`time of the invention claimed in the 656 Patent in 1999 is a person having at least a
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`Bachelor of Science degree or its equivalent in electrical engineering, computer
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`science, computer engineering or equivalent field including mathematics, and at
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`least two years of experience working in the field of computer engineering or
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`computer programing. Unless indicated herein, a reference to a POSITA is always
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`at or before the date of the invention of the 656 Patent (December 1999).
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`17. At the time of the invention of the 656 Patent, I was an individual
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`having at least ordinary skill in the art, according to my definition.
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`OVERVIEW OF THE CHALLENGED CLAIMS
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`18. Attached as Exhibit B is a listing of the claim elements I analyze. To
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`begin, element [1.1] claims an “interface module” that may be a software module
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`used to communicate with a BIOS.
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`19. This may include a piece of software that is linked or otherwise in
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`communication with the BIOS.
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`20. Element [1.2] uses the phrase “task,” that may “provide functionalities
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`to a system BIOS”. (Ex. 1001, p. 19, 12:31).
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`
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`6
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`6
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`
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`21. Elements [1.3]-[1.5] require “receiving” the information, “translating”
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`and then “transferring” to “a corresponding module.” Receiving a binary number,
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`formatting it as text or image, and sending it to a software module that renders
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`images for display, would meet the requirements of elements [1.3]-[1.5]. As shown
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`below, this is virtually how every graphic user interface works.
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`22. Also, mapping any binary information into corresponding graphics for
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`display would meet the requirements of [1.3]-[1.5].
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`23. Prior to the time of invention, it was standard practice to include a BIOS
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`setup program (“also referred to as a BIOS setup utility”) that interfaces with a BIOS
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`to allow a user to see and configure various BIOS settings. This is shown, for
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`example, in AMIBIOS and in Nunn (as discussed throughout). (Ex. 1005, p.9). As
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`is known in the art, a setup program is typically requested by system BIOS when the
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`user presses a function key such as <DEL>. (AMIBIOS, p.76 (emphasis added); see
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`also Ex. 1003, p. (F2 to enter setup)). When a key is pressed during BIOS
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`initialization, the BIOS requests the setup to execute the task of configuring the
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`system, or an aspect thereof.
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`24. These BIOS setup programs are described in many prior art references
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`such as, for example, the Nunn patent (Ex. 1003), the NexGen reference (Ex. 1004),
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`AMIBIOS (Ex., 1005, p.9) and Hobson (Ex. 1006, p.1, Abstract). As shown herein,
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`a setup program renders obvious an interface module (see Ex. 1001, element [1.1]),
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`
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`7
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`7
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`
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`a request from a BIOS to select a bootable device (see Ex. 1001, p.19, 12:34-35
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`(element [1.2])), and receiving, translating, and transferring that information to a
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`software module that renders images for display (see id., p.19, 12:36-41 (elements
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`[1.3]-[1.5])).
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`CLAIM CONSTRUCTION
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`25.
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`I will be construing the below terms according to their broadest
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`reasonable interpretation, which I understand is not used in litigation or other
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`proceedings. I have been advised and understand that the claims are to be given their
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`broadest reasonable interpretation (“BRI”) in light of the specification as it would
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`be read by a POSITA at the time of invention. I understand that this construction
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`standard is a different, broader standard that what should be applied in litigation,
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`where BRI is not used.
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`26. The first term I will construe is “interfacing an interface module.”
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`Under the BRI standard, the term “interfacing an interface module” is at least as
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`broad as “a module capable of communicating text, data, graphics or electrical
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`signals to another module.”
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`27. A POSITA would understand a software module to mean code
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`segments or a block of code. With regard to interfacing, the 656 Patent states that:
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`“Interface Module 510 [that] . . . obtains media and/or system device information
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`from the BIOS…” (Ex 1001, p. 18, 9:8-11). Thus, the interface module is used for
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`8
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`8
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`
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`communicating, and appears to be limited to an interface through which text, data or
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`graphics can be communicated.
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`28. The second term I will construe is “a request . . . to perform a task.”
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`Under the BRI standard, the term “a request . . . to perform a task” is at least as broad
`
`as “soliciting action to be taken.” The notion of performing a task is fundamental to
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`computer programming. Tasks are fundamentally units of execution. A request to
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`perform at task is therefore, at bottom, anything that solicits an action to be taken.
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`This is how a POSITA would have understood the term.
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`29. The third term I will construe is “translating.” Under the BRI
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`standard, the term “translating” is at least as broad as “converting to another data
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`format.” According to a POSITA, raw information may include a binary value that
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`represents information. Displaying data on a computer screen as text requires
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`converting a binary value into a text string such as using ASCII (American Standard
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`Code for Information Interchange). (See generally Ex. 1007 (first published in
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`1987), describing ASCII-based standard character encodings; it is the basis for most
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`popular 8-bit character sets). Moreover, “translating” may separately include
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`converting information into corresponding graphics. Thus, under the BRI
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`construction, “translating” may occur by the mere act of displaying alphabetic or
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`decimal numerals representing information that was originally formatted as a binary
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`value.
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`9
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`9
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`30. The forth term I will construe is “corresponding module.” Under the
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`BRI standard, the term “corresponding module” is at least as broad as “a software
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`module associated with another module.”
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`31. Again, as indicated above, POSITA would understand a software
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`module to mean code segments of a block of code. This is the BRI construction of
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`module.
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`32. Using the BRI construction above, a software module that renders
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`images for display may be a “corresponding module,” as claimed in the 656 Patent.
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`At the time of invention, graphics controllers were commonly used to render the data
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`for display. These graphics controller drivers are an example of software modules
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`that render images for display. I elaborate upon this further in my analysis.
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`OBVIOUSNESS
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`33.
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`I have been advised and understand that a claimed invention is
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`unpatentable if the differences between the invention and the prior art are such that
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`the subject matter as a whole would have been obvious at the time the invention was
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`made to a POSITA to which the subject matter pertains.
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`34.
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`It is my understanding that obviousness is a question of law based on
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`underlying factual findings: (1) the scope and content of the prior art; (2) the
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`differences between the claims and the prior art; (3) the level of skill in the art; and
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`(4) objective considerations of nonobviousness.
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`10
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`10
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`35.
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`I understand that for one or more references to render the claimed
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`invention obvious, a POSITA must have a sufficient reason to combine the teachings
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`of the references to arrive at the challenged claims. I further understand that a basis
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`to combine teachings from the references need not be stated expressly in any prior
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`art reference. However, there must be an articulated reasoning with rational
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`underpinnings to support a reason to the combine the teachings.
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`36.
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`I understand that when considering whether a patent claim is obvious,
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`a POSITA should consider whether a teaching, suggestion, or motivation to combine
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`the references existed at the time of invention so as to avoid impermissibly applying
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`hindsight.
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`KNOWLEDGE OF A POSITA
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`
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`Configuration Data, CMOS RAM and System BIOS
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`37. As a POSITA would know, the configuration data used during the
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`booting of a computer is known to reside in CMOS RAM. CMOS RAM is an
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`independently-battery-powered unit on a motherboard which holds a relatively small
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`amount of data relating to the configuration of the computer system, including for
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`example, user settings. A user can modify certain configuration data, and it is the
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`purpose of a setup program to provide an interface to the user so that the user can
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`access the data stored in CMOS RAM. A discussion of this can be found in Lee (Ex.
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`1008). Lee is a U.S. Patent that was filed in September 9, 1998, before the 656
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`11
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`11
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`
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`patent, and my understanding is it is therefore prior art. Lee demonstrates that it was
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`well known, prior to the time of invention, to use memory to store the kind of data
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`that corresponds to an image that is displayed during the transition of an operating
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`system.
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`38. Lee stores images in BIOS memory together with a corresponding logo
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`number. (Ex. 1008, p. 10, 5:67-6:6). FIG. 6 of Lee demonstrates various logo
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`numbers, 1-n, stored in BIOS memory. A user may select a logo using a logo image
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`selection unit to select a desired logo number. (FIG. 6). In response, a logo
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`corresponding to the selected logo number is loaded and displayed “upon booting
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`the computer system.” (Id., p. 10, 6:46-53, p. 9, 3:50-53).
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`39. Lee describes a setup program to store the selected logo number in
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`CMOS RAM, where a POSITA would understand the configuration data of the
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`computer to be stored:
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`Namely, if the user wants to replace the sign-on logo of default value
`with another sign-on logo, the user selects a wanted sign-on logo by
`using a utility program capable of changing an initial setup or a
`complementary metal oxide semiconductor (CMOS) value.
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`(Ex. 1008, p. 10, 6:35-41) (emphasis added).
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`40. POSITA would know that CMOS RAM was a form of low power
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`memory (a dedicated RAM chip employing the CMOS low-power integrated circuit
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`12
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`12
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`
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`and a related low power battery to provide independent power) used to store BIOS
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`configuration information, particularly, a user’s BIOS settings.
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`41. Upon Power On, during POST (Power On Self Test), the system BIOS
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`performs initialization of memory and other system components, and writes the
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`CMOS RAM data into tables stored in system BIOS memory space. Piwonka (Ex.
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`1009) explains that CMOS RAM (containing the BIOS setup hardware configuration
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`data) is “typically stored in an Extended System Configuration Data (ESCD)
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`format.” (Ex. 1009, p. 5, 1:16-17). ESCD is a data format that is well known to a
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`POSITA. Piwonka further states:
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`An operating system or application 100 may initiate an update of the
`ESCD sector 106 so as to store data to ESCD or associated variables.
`The operating system 100 for example may call ROM BIOS code to
`be executed by the processor 32 for performing an update of the
`ESCD sector 106 (FIGS. 2 & 3).
`
`(Ex. 1009, p. 7, 5:19-24) (emphasis added). This shows that, when the BIOS
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`configuration data is called from memory, it is actually called from the system BIOS
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`in the tables created at the ESCD sector (which uses them to populate the variables
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`shown in a setup utility program), and not directly from CMOS RAM.
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`
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`Background on Computer System, Setup and BIOS
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`13
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`13
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`42. POSITA would appreciate that the information regarding the bootable
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`device is provided to the setup program by the BIOS system (i.e., from CMOS RAM
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`via tables stored in system BIOS memory). POSITA also would appreciate that the
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`setup program does not itself display the information regarding the bootable devices
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`but instead does so utilizing a graphics controller. To elaborate on this further, it is
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`useful to understand the block diagram of a typical computer system, and how
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`system BIOS, setup and graphics controllers are each separate modules within the
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`system.
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`43. For example, I have reviewed U.S. Pat. No. 6,115,813 to Hobson. (Ex.
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`1006). It is entitled “Selectively Enabling Advanced Configuration and Power
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`Interface BIOS Support.” (Id., p.1).
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`44. The Abstract of Hobson states “A computer system is selectively
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`booted into an advanced configuration and power interface (ACPI) mode or a non-
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`ACPI mode during computer system start-up, depending upon the status of a user
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`specified flag. The instructions and data needed to boot the computer system into
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`ACPI mode can be stored in a memory in a format not visible to the computer system
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`operating system. A user can specify the desired boot mode through a user set-up
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`routine.” (Id., p.1, Abstract) (emphasis added).
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`45. Figure 1 of Hobson is a block diagram of a typical computer system of
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`the prior art. (Id., p.6, 2:14 and 2:28-30).
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`14
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`14
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`(Id., p.2) (emphasis added). As a POSITA would recognize, the typical computer
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`system of the prior art included, among other things, a CPU (102), a system ROM
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`(112) and a video controller (118).
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`46. A POSITA would further recognize that the system BIOS of the
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`computer is located in the system ROM (112). “When computer system 100 is
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`powered up or reset, host processor 102 begins executing BIOS start-up instructions
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`from system ROM 112.” (Id., p.6, 2:55-57).
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`47.
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`In a standard computer configuration of the prior art, the user setup
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`utility program would also reside in system ROM as a module. This is shown in, for
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`example, AMIBIOS. (Ex. 1005, p.9).
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`15
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`15
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`
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`(Id., p.9) (emphasis added).
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`48. There are two references in Hobson that would lead a user to conclude
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`that the setup utility described would reside in the system ROM with the BIOS, and
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`interface with it as a module. First, is the reference to the user “set-up routine” in
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`the Abstract. (Ex. 1006, p.1, Abstract). Next, “As shown in FIG. 6, the user may
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`selectively set ACPI enable flag 300 through a user interface.” (Ex. 1006, p.7, 3:28-
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`29).
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`49. To a POSITA, the user interface in Hobson invokes the set-up routine,
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`but it also invokes the video controller118 and graphic output display 120. (Ex.
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`1006, p.6, 2:39-40). As is customary in the computer arts, a graphics/video
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`controller takes the output of a user program (here, setup), and is able to render an
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`image from it. (E.g., Ex. 1010). Thus, to a POSITA understanding the hardware
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`16
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`16
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`and software components of a computer, it is necessary to have a graphics module
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`independent of user programs and utilities, including but not limited to a setup
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`program. (See, e.g., Ex. 1005, p.106, explaining BIOS INT 10h).
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`Discussion of Nunn and AMIBIOS
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`50. Nunn (Ex. 1003) is titled “BIOS/Utility Setup Display” and describes a
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`BIOS/Utility Setup Display program. (Ex. 1003, p.1, Abstract). AMIBIOS refers to
`
`the AMIBIOS Technical Reference 98. (Ex. 1005). It pertains to AMIBIOS, one of
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`the world’s leading system BIOS.
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`51.
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`In Nunn, “All bootable devices must be initialized prior to loading the
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`operating system in order to boot-strap the computer system. Such devices include
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`any Initial Program Load (IPL) devices such as floppy drives or hard drives that can
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`boot-strap and load an operating system.” (Id.)
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`52. Nunn’s goal is to provide, upon a request, a list of all bootable devices
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`and the priority of each. A boot connection vector (BCV) points in memory to an
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`option ROM device and its priority (versus other bootable devices) of order to boot
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`the computer. (Ex. 1003, pp.4-5, 2:67-3:2).
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`53. Nunn discusses at length option ROMs. These consist of firmware
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`called by the system BIOS. For example, an adapter card that controls a boot device
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`might contain firmware that is used to connect the device to the system once the
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`Option ROM is loaded.
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`
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`17
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`17
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`
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`54. For each option ROM, the system BIOS “routine queries the [option
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`ROM] drives that are attached to the card through, for example, a cabling system.
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`The information [option ROM BCV] is returned to the BIOS when finished.” (Id.
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`p.5, 4:46-57).
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`55. A POSITA reading Nunn would therefore understand that one of its
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`core teachings is that the system BIOS itself receives the priority and other
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`information relating to the available option ROMs for booting.
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`56.
`
`In Nunn, “A setup program allows the user to configure the operating
`
`system and select a particular IPL device. Pressing a particular key on the keyboard
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`during BIOS initialization executes the setup program.” (Id.) (emphasis added).
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`57. The setup program typically is stored in nonvolatile memory so that it
`
`can be referenced quickly during bootup. This is typical of the setup programs I
`
`have worked with in my career.
`
`58. As a POSITA would understand, when the user requests setup, it is
`
`often to configure the system, or an aspect thereof. To do this, the user manipulates
`
`the mouse or keyboard, which, in turn, triggers system BIOS to perform a call
`
`function request of the setup program or some other calling entity. For example,
`
`AMIBIOS teaches a number of keyboard-related interrupts, discussed in greater
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`detail below.
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`
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`18
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`18
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`59.
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`“When a key is pressed on the keyboard, a hardware interrupt (IRQ1)
`
`is generated. The BIOS INT 09h interrupt service routine is called to handle this
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`interrupt.” (AMIBIOS, pp.8 and 89).
`
`60. This process is recurring with each subsequent task that the system
`
`BIOS seeks to request. Every time a key is pressed on the keyboard, the keyboard
`
`hardware generates a hardware interrupt (IRQ). (Id.) The BIOS INT 09h routine is
`
`then called. (Id., p.103). This is standard in any system BIOS.
`
`61.
`
`INT 09h reads the character from the keyboard and stores it in a buffer.
`
`(Id.). The system BIOS scans the character in question to assess the function
`
`invoked and then the system BIOS calls to request the identified function.
`
`62. Nunn’s computer system “executes the BIOS ROM setup code when
`
`the system is first powered.” (Ex. 1003, p.5, 4:9-33).
`
`63. Nunn’s setup program presents to a user a list of adapter selections on-
`
`screen that permit the user to control the order of the drives for the operating system
`
`to be initialized as a boot drive. (Id., p.5, 3:24-30)
`
`64.
`
`“The customized BIOS ROM setup code selects a predetermined
`
`number of drives from the individual adapter cards to display as bootable drive
`
`selections in the option list.” (Id., p.5, 4:27-30).
`
`65. POSITA would understand that Nunn’s BIOS/Utility Setup program is
`
`an interface module that interfaces with the system BIOS. It is a logically organized
`
`
`
`19
`
`19
`
`
`
`piece of software stored in ROM performing a utility program for a user to employ
`
`when configuring the computer system, or some part of it.
`
`66. A POSITA would further understand that because Nunn’s BIOS/Utility
`
`Setup Display program ultimately displays the bootable devices and priority
`
`information for the option ROMs, that information is collected and maintained by
`
`the system BIOS in tables formed during POST. A POSITA would know that the
`
`system BIOS provides the information regarding the bootable devices to the setup
`
`program in association with the system BIOS’s request to the setup program to
`
`permit configuration of bootable devices (which actually emanates from a user’s
`
`manipulation of the keyboard or a mouse during interaction with the setup user
`
`interface).
`
`67. A POSITA would appreciate that after the setup program in Nunn
`
`receives the data from system BIOS, which it maintains relating to bootable devices,
`
`it performs preprocessing on the data received from system BIOS. This
`
`preprocessing includes taking the data and formatting it into characters or character
`
`strings which can be passed to a graphics module in a form suitable for rendering to
`
`the user on the monitor screen. That is implicit in the diagram of Hobson (Ex. 1006)
`
`discussed above, as in the VBE standard (Ex. 1010) (and other graphic module
`
`standards). It is alluded to in AMIBIOS’s description of INT 10h (Ex. 1005, p.106).
`
`
`
`20
`
`20
`
`
`
`And it is apparent from the BBS Specification Appendix A reference to processing
`
`the data into an ASCII string. (Ex. 1011, p.32).
`
`68. A POSITA would further appreciate that Nunn’s disclosure of the
`
`display of data by the setup program necessitates transferring translated display
`
`information to a video graphics controller. INT 10h is the system BIOS interrupt to
`
`provide video services to the graphics module of the computer system. The graphics
`
`module in one instance could be VESA (Ex. 1009, p1), but a POSITA would
`
`recognize that there are a number of graphic controllers (e.g., drivers) supporting
`
`video monitor display.
`
`69. Here is an exemplary WINBIOS screen from 1994 showing the user
`
`information about bootable devices:
`
`The screen shows peripheral device setup information, including drives and
`
`
`
`devices, and their status. (Ex. 1003, p.28)
`
`
`
`21
`
`21
`
`
`
`Reasons to Combine Nunn and WINBIOS
`
`70. A POSITA would combine these references in order to increase the
`
`ease of use of the setup. Nunn states one reason to combine these references, “A
`
`need has been felt for a Setup Program that is able to display IPL devices as
`
`bootable devices according to the BBS standard in a user-friendly manner.” (Ex.
`
`1003, p.4, 2:13-15). BBS was a standard for identifying IPL devices on a
`
`computer, but Nunn states that it does so in a manner which is more user-friendly.
`
`Obviously AMIBIOS is interested in having a user-friendly setup. “Megatrends
`
`introduced the WINBIOS Setup utility in early 1994. It has been an instant hit
`
`because of its extremely easy-to-use Microsoft Windows-like graphical interface.”
`
`(AMIBIOS, p.10).
`
`Obviousness Analysis
`
`71.
`
`I have analyzed claims 1, 2, 10, 11, 19 and 20 to determine if they are
`
`obvious in light of Nunn in view of the knowledge of a POSITA.
`
`72. The 656 Patent merely combines well-known principles of system
`
`BIOS and a setup program in communication with a graphics module. These
`
`elements were known to work together in the prior art in the same way that the
`
`claims arrange them.
`
`73.
`
`I am advised that claim element [1.P] is preamble language and is not
`
`generally regarding as a claim limitation. However, in any event, for the reasons
`
`
`
`22
`
`22
`
`
`
`shown in elements [1.1]-[1.5] below, it is my opinion that the teachings of Nunn
`
`and AMIBIOS demonstrate a method to provide functionalities to a system BIOS,
`
`including a setup program capable of handling requests from the system BIOS.
`
`74. Regarding claim element [1.1], an interfacing an interface module
`
`to the system BIOS, “The setup display allows a user to specify a bootable device
`
`to serve as a boot drive from the computer system” (Ex. 1003, p. 1, Abstract).
`
`Thus, the setup (and associated configuration data) is in contact with system BIOS.
`
`“The BIOS ROM code detects…selects, and … displays the subset of bootable
`
`devices on a setup display.” (Id., 2:28-33).
`
`75. Likewise, “WINBIOS® Setup. American Megatrends introduced the
`
`WINBIOS Setup utility in early 1994. It has been an instant hit because of its
`
`extremely easy-to-use Microsoft Windows-like graphical interface.” (AMIBIOS
`
`p.10). Thus, a POSITA would understand that AMIBIOS collated its setup utility
`
`with its system BIOS and the setup is an interface module for interfacing with
`
`system BIOS. (AMIBIOS, p.9).
`
`76. Regarding element [1.2], the specific task requested when a user
`
`prompts system BIOS with keyboard or mouse manipulation seeking to configure
`
`an aspect of the computer, the system BIOS issues its own call function request
`
`“…to specify a bootable device to serve as a boot drive from the computer
`
`system.” (Ex.1003, 2:41-43) (emphasis added). A POSITA would understand that
`
`
`
`23
`
`23
`
`
`
`a user request to configure the computer, including the bootable device, causes the
`
`system BIOS to request the performance of the task by the setup program. In this
`
`case, the setup program of Nunn would receive a request from the system BIOS to
`
`perform a configuration task.
`
`77. Claim element [1.3] is likewise taught by Nunn, which teaches a
`
`“method 200 for selecting the number of bootable devices connected to an adapter
`
`card when displaying the bootable devices options in a BIOS/Utility Setup
`
`program.” (Ex. 1003, p. 4, 2:34-37). It is important to note that in Nunn, “[the
`
`system BIOS makes] routine queries [to] the [option ROM] drives that are attached
`
`to the card through, for example, a cabling system. The information [option ROM
`
`BCV] is returned to the BIOS when finished.” (Id. p.5, 4:46-57). Furthermore,
`
`as discussed above, a POSITA would know that data relating to configuration is
`
`stored in system BIOS tables once POST is performed. A POSITA therefore
`
`understand that the setup program receives from system BIOS the information
`
`about the bootable devices, as this information is gathered by the BIOS and stored
`
`in table(s) formed during POST.
`
`78. As for element [1.4], the interface module (setup program) has to
`
`perform preprocessing of the bootable device data received form system BIOS.
`
`Nunn recites “…selecting from the plurality of bootable devices a subset of a
`
`preselected number of bootable devices for display from each adapter card; and
`
`
`
`24
`
`24
`
`
`
`displaying the subset of bootable devices on a setup display from which a user
`
`specifies a bootable device to operate as a boot drive of the computer system.” (Ex.
`
`1003, p. 7, 7:33-38). In the background between the selecting and the displaying
`
`of the bootable device data, is the preprocessing to ready the data into a format
`
`suitable for passing to the video graphics module of the computer system. (Ex.
`
`1011, p.32 (showing the processing to an ASCII string). (AMIBIOS, for example,
`
`shows that video services can only process a character or a character string
`
`(AMIBIOS, p.106), which is known to require ASCII conversion, see Ex. 1007).
`
`79. A POSITA further understands BIOS/Utility Setup gets the IPL
`
`device information that requires translation for display. Further BIOS/Utility Setup
`
`performs the following functions to be compatible with a graphics controller-
`
`a. Formatting for screen size//position/ color, etc.
`
`b. Formatting for compatibility with BIOS service for display purposes
`
`80.
`
` For these reasons, I conclude that a POSITA would consider the step
`
`of “translating, by the interface module, the system device information to provide
`
`translated information,” to be inherently performed in Nunn by virtue of its
`
`teaching of data selection and subsequent display. Even were it not my opinion
`
`that it is inherent, it is certainly my opinion that the teaching of a display of
`
`information makes it obvious to a POSITA that there is pre-rendering p
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