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`Attorney Docket No. D3004BD02US /
`
`I’!
`
`PAT1j:;1\.I:‘_r_ APPLICATION OF: FRED B. HOLT ETAL.
`
`EXAMINER: BRADLEY E. EDELMAN
`
`if
`
`{if-
`
`APPLICATION NO.:
`
`09!629,570
`
`FILED:
`
`JULY 31, 2000
`
`ART UNIT: 2153
`
`CONF. NO: 5411
`
`FOR: JOINING A BROADCAST CHANNEL
`
`
`Amendment Under 37 C.F.R. § 1.111
`
`RECEIVED
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`Sir:
`
`MQY 1 7 ZUU4
`
`Technology Center 2100
`
`The present communication responds to the Office Action dated January 12, 2004 in the
`
`above-identified application. Please extend the period of time for response to the Office Action
`
`by one month to expire on May 12, 2004. Enclosed is a Petition for Extension of Time and the
`
`corresponding fee. Please amend the application as follows:
`
`Amendments to the Specification begin on page 2.
`
`Amendments to the Claims are reflected in the listing of claims beginning on page 4.
`
`Remarks/Arguments begin on page 8.
`
`EXHIBIT
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`Attorney Docket No. 0300-48002US
`
`Amendments to the Specification:
`
`In accordance with 37 CFR l.72(b), an abstract of the disclosure has been included
`
`below.
`
`In addition, the status of the related cases listed on page 1 of the specification has been
`
`updated.
`
`Therefore, please add the Abstract as shown below:
`
`A technigue for adding a participant to a network is provided. This technigue allows for
`
`the simultaneous sharing of information among many participants in a network without the
`
`placement of a high overhead on the underlying communication network. To connect to the
`
`broadcast channel, a seeking corpppter first locates a computer that is fully connected to the
`
`broadcast channel. The seeking computer then establishes a connection with a number of the
`
`fl1_[I_)__l1[eI'S that are already connected to the broadcast channel. The technigue for adding a
`
`participant to a network includes identifying a pair of participants that are connected to the
`
`network, disconnecting the participants of the identified pair from each other, and connecting
`
`each participant of the identified pair of participants to the added participant.
`
`Please amend the "Cross-Reference to Related Applications" to read as follows:
`
`This application is
`
`related to U.S. Patent Application No. 09f629,576, entitled
`
`“BROADCASTING NETWORK,” filed on July 31, 2000 §Attorr1ey Docket No. 030048001
`
`US; U.S- Patent A lication No. 09f629,5?0,
`
`entitled “JOINING A BROADCAST
`
`CHANNEL," filed on July 31, 2000 {Attorney Docket No. 030048002 US}; U.S. Patent
`
`Application No. 09f629,S77, “LEAVING A BROADCAST CHANNEL,” filed on July 31, 2000
`
`Attorne Docket No. 030048003 US; U.S. Patent A lication No. 09f629,575, "entitled
`
`“BROADCASTING ON A BROADCAST CHANNEL,” filed on July 31, 2000 [Attorney
`
`Docket No. 030048004 US ; U.S. Patent A lication No. 09/629,572, entitled “CONTACTING
`
`A BROADCAST CHANNEL,” filed on July 31, 2000 {Attorney Docket No. 030048005 USQ;
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`Attorney Docket No. 03{}048002US
`
`U.S. Patent Agglication No. 09r'629,023, entitled “DISTRIBUTED AUCTION SYSTEM,” filed
`
`on
`
`Jul 31,2000 Attome
`
`Docket No.
`
`030048006 US; U.S. Patent A lication
`
`No. 09f629,043, entitled “AN INFORMATION DELIVERY SERVICE,” filed on Jul! 31, 2000
`
`Attome Docket No. 03004800? US; U.S. Patent A lication No. 09;’629,024, entitled
`
`“DISTRIBUTED CONFERENCING SYSTEM,” filed on July 31, 2000 §Attomex Docket No.
`
`030048008 US 3; and U.S. Patent Agglication No_._09f629,042, entitled “DISTRIBUTED GAME
`
`ENVIRONMENT,” filed on July 31,2000 {Attorney Docket No. 030048009 US!,
`
`the
`
`disclosures of which are incomorated herein by reference.
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`Attorney Docket No. 030048002US
`
`Amendments to the Claims:
`
`Following is a complete listing of the claims pending in the application, as amended:
`
`1.
`
`(Currently amended) A computer—based, non-routing table based, non-switch
`
`based method for adding a participant to a network of participants, each participant being
`
`connected to three or more other participants, the method comprising:
`
`identifying gpair of participants of the network that are connected wherein a seeking
`
`participant contacts a fiilly connected portal computer, which in turn sends an
`
`edge connection reguest to a number of randomly selected neighboring
`
`participants to which the seeking participant is to connect;
`
`disconnecting the participants of the identified pair from each other; and
`
`connecting each participant of the identified pair of participants to else-am the seeking
`
`participant.
`
`2.
`
`(Original) The method of claim 1 wherein each participant is connected to 4
`
`participants.
`
`3.
`
`(Original) The method of claim 1 wherein the identifying of a pair includes
`
`randomly selecting a pair of participants that are connected.
`
`4.
`
`(Original) The method of claim 3 wherein the randomly selecting of a pair
`
`includes sending a message through the network on a randomly selected path.
`
`5.
`
`(Original) The method of claim 4 wherein when a participant receives the
`
`message, the participant sends the message to a randomly selected participant to which it is
`
`connected.
`
`6.
`
`(Currently amended) The method of claim 4 wherein the randomly selected path
`
`is proponional to the diameter of the network.
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`Attorney Docket No. 03DD480D2US
`
`7.
`
`(Original) The method of claim 1 wherein the participant to be added requests a
`
`portal computer to initiate the identifying of the pair of participants.
`
`8.
`
`(Original) The method of claim 7 wherein the initiating of the identifying of the
`
`pair of participants includes the portal computer sending a message to a connected participant
`
`requesting an edge connection.
`
`9.
`
`(Currently amended) The method of claim 8 wherein the portal computer
`
`indicates that the message is to travel a cet=ta.i-n—distance proportional to the diameter of the
`
`network and wherein the participant that receives the message after the message has traveled that
`
`eeizta-i-n-distance is one of the participants of the identified pair of participants.
`
`10.
`
`(Currently amended) The method of claim 9 wherein the certain distance is
`
` Wice the diameter of the network.
`
`11.
`
`(Original) The method of claim 1 wherein the participants are connected via the
`
`Internet.
`
`12.
`
`(Original) The method of claim 1 wherein the participants are connected via
`
`TCPXIP connections.
`
`13.
`
`(Original) The method of claim 1 wherein the participants are computer
`
`processes.
`
`14.
`
`(Currently amended) A computer-based, non-switch based method for adding
`
`nodes to a graph that is m-regular and m—connected to maintain the graph as m-regular, where m
`
`is four or greater, the method comprising:
`
`identifying p pairs of nodes of the graph that are connected, where p is one half of ma
`
`wherein a seeking node contacts a fully connected portal node, which in turn
`
`sends an edge connection reguest to a number of randoml_~,_r selected neighboring
`
`nodes to which the seeking node is to connect;
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`Attorney Docket No. 030048002US
`
`disconnecting the nodes of each identified pair from each other; and
`
`connecting each node of the identified pairs of nodes to the-added-E iignode.
`
`15.
`
`(Original) The method of claim 14 wherein identifying of the p pairs of nodes
`
`includes randomly selecting a pair of connected nodes.
`
`16.
`
`(Original) The method of claim 14 wherein the nodes are computers and the
`
`connections are point-to-point communications connections.
`
`17.
`
`(Original) The method of claim 14 wherein m is even.
`
`18-31. (Previously cancelled)
`
`32.
`
`(Currently amended) A computer-readable medium containing instructions for
`
`controlling a computer system to connect a participant
`
`to a network of participants, each
`
`participant being connected to three or more other participants,
`
`the network representing a
`
`broadcast channel wherein each participant forwards broadcast messages that it receives to all of
`
`its neighbor participants, wherein each participant connected to the broadcast channel receives
`
`all messages that are broadcast on the network, the network containing a method wherein
`
`messages are numbered seguentially so that messages received out of order are gueued and
`
`rearranged to be in order, by a method comprising:
`
`identifying a pair of participants of the network that are connected;
`
`disconnecting the participants of the identified pair from each other; and
`
`connecting each participant of the identified pair of participants to t-he-added-3 jig
`
`participant.
`
`33.
`
`(Original) The computer-readable medium of claim 32 wherein each participant
`
`is connected to 4 participants.
`
`34.
`
`(Original) The computer-readable medium of claim 32 wherein the identifying of
`
`a pair includes randomly selecting a pair of participants that are connected.
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`Attorney Docket No. 03D0480'|J2US
`
`35.
`
`(Original) The computer-readable medium of claim 34 wherein the randomly
`
`selecting of a pair includes sending a message through the network on a randomly selected path.
`
`36.
`
`(Original) The computer—readab1c medium of claim 35 wherein when a
`
`participant receives the message,
`
`the participant sends the message to a randomly selected
`
`participant to which it is connected.
`
`37.
`
`(Currently amended) The computer-readable medium of claim 35 wherein the
`
`randomly selected path is mice a diameter of the network.
`
`38.
`
`(Original) The computer-readable medium of claim 32 wherein the participant to
`
`be added requests a portal computer to initiate the identifying of the pair of participants.
`
`39.
`
`(Original) The computer-readable medium of claim 38 wherein the initiating of
`
`the identifying of the pair of participants includes the portal computer sending a message to a
`
`connected participant requesting an edge connection.
`
`40.
`
`(Currently amended) The computer-readable medium of claim 38 wherein the
`
`portal computer indicates that the message is to travel a certain-distance that is twice the diameter
`
`of the network and wherein the participant that receives the message after the message has
`
`traveled that ceiztaindistance is one of the identified pair of participants.
`
`41-49. (Previously cancelled)
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`
`
`
`
`PTOISB-’2l [O5-O3)
`Approved for use through 04l30l2OD4. OMB D651-D0321
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`D9!B29.57O
`
`July 31. 2000
`Fred B. Holt
`
` TRANSM|'|'|'AL
`FORM
`
`{to be used for ail correspondence alter initial filing}
`
`1139.3‘2«vsBF.‘{pmD. 5ED3..D3
`
`
`"53
`Bradley E. Edelrnan
`0300480tJ2US
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`EV335515821US
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`Application Number
`
`09!!-329.570
`
`Filing Date
`First Named Inventor
`
`July 31, 2000
`Fred B. Holt
`
`Examiner Name
`
`Art Unit
`
`Bradley E. Edelman
`
`Attorney Docket No.
`
`030D4B0O2tJS
`
`FEE CALCULATION {continued}
`3. ADDITIONAL FEES
`Sm
`Fee
`Code
`2051
`2052
`
`Fee
`{5}
`65
`25
`
`‘[30
`2,520
`
`920'
`
`1053
`1312
`
`1804
`
`1305
`
`2251
`2252
`2253
`2254
`2255
`2401
`2402
`2403
`1451
`
`2452
`2453
`2501
`2502
`2503
`1460
`1507
`1806
`
`3021
`
`2309
`
`T70
`
`2810
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`TTIJ
`
`900
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`25131
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`1802
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`1 502
`1 503
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`180?
`1806
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`B021
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`1809
`
`1810
`
`1801
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`1602
`
`{E
`
`Fee Description
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`FEE CALCULATION
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`F (
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`St
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`F
`
`2202
`2201
`2203
`2204
`
`43
`145
`43
`
`2205
`
`9
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`Fee Descrigjiog
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`Claims in excess or 20
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`Attorney Docket No. o3oo4aoo2us
`
`REMARKS .
`
`Reconsideration and withdrawal of the rejections set forth in the Office Action dated
`
`January 12, 2004 are respectfully requested.
`
`1.
`
`Re'ections under 35 U.S.C.
`
`112, first ara ra h
`
`Claims 1, 14, and 32 have been amended to include sufficient antecedent basis.
`
`In claim
`
`1, the phrase "the added participant", which appears in the last line of the claim, has been
`
`changed to "the seeking participant".
`
`In addition, "a seeking participant" precedes "the seeking
`
`participant" in an earlier line of claim 1, providing sufficient antecedent basis.
`
`In claim 32, the
`
`phrase "the added participant", which appears in the last line of the claim, has been changed to "a
`
`seeking participant".
`
`In claim 14, the phrase "the added node", which appears in the last line of
`
`the claim, has been changed to "the seeking node".
`
`In addition, "a seeking node" precedes "the
`
`seeking node" in an earlier line of claim 14, providing sufficient antecedent basis.
`
`I11.
`
`lRe'ections under 35 lU.S.C.
`
`112 second ara ra I1
`
`Claim 6 has been amended to render the claim definite. The term "approximately
`
`proportional" has been changed to "proportional". Claim 10 has also been amended to render the
`
`claim definite. The term "approximately twice the diameter" has been changed to "twice the
`
`diameter". Claim 3'? has been amended to render the claim definite. The term "approximately
`
`twice a diameter of the network" has been changed to "twice a diameter of the network".
`
`llllll.
`
`Rejections under 35 U.S.C. § 102
`
`A.
`
`The Applied Art
`
`U.S. Patent No. 6,603,742 B1 to Steele, Jr. et al. (Steele, Jr. et al.) is directed to a
`
`technique for reconfiguring networks while it remains operational. Steele. Jr. at at’. discloses a
`
`method for adding nodes to a network with minimal recabling. Column 3, lines 2-5. An interim
`
`routing table is used to route traffic around the part of the network affected by the adding of a
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`\1sea_apps'tpatent\C|ieI1ls\Buaing (O3DO4}\BDl:|2 (Joining)\Us0D\OFFlCE ACTION RESPONSE s.Doc
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 10 of 23
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`IPR2016-00726
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 10 of 23
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`

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`Attorney Docket No. o3oo4aDo2Us
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`node. Column 11, lines 40-45. Each node in the network can connect to five other nodes.
`
`Column 4, lines 36-39, Column 4, lines 43-44. To add a node to a network, two links between
`
`two pairs of existing nodes are removed and five links are added to connect the new node to the
`
`network. Column 11, lines 25-31. For example, when upgrading from 7 to 8 nodes, the network
`
`administrator removes two links, 3-1 and 5-2, and adds five links, 7-1,
`
`':'—2, 7-3, 7-5, and 7-6.
`
`Column 12, lines 45-48.
`
`B.
`
`Analxsis
`
`Distinctions between claim 1 and Steele, Jr. et at’. will first be discussed, followed by
`
`distinctions between Steele, Jr. et al. and the remaining dependent claims.
`
`As noted above, Steele, Jr. et at. discloses a technique for reconfiguring networks. Such
`
`a technique includes steps for disconnecting the participants of a pair from each other and
`
`connecting each participant to a seeking participant but does not include a step for identifying a
`
`pair of participants of the network that are fully connected. Column 12, lines 45-49. Steeie, Jr.
`
`et ai. fails to disclose a method for identifying a pair of participants of the network that are fully
`
`connected.
`
`In contrast, claim 1 as amended includes the limitation of identifying a pair of
`
`participants of the network that are connected. For at least this reason, the applicant believes that
`
`claim 1 is patentable over Steele, Jr. et at.
`
`The invention discloses an identification method in which a seeking participant contacts a
`
`fully connected portal computer. The portal computer directs the identification of a number of
`
`(for example four), randomly selected neighboring participants to which the seeking participant
`
`is to connect. Steele, Jr. et al. fails to disclose a portal computer that directs the identification of
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`viable neighboring participants to which the seeking participant is to connect. Claim 1 has been
`
`amended to recite, among other limitations, the use of a portal computer for the identifying of "a
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`'l\sea_apps\patenl\C|ienls\Boelng (naoo-oxaooz (Jo1'ning)\UsDD\OFFICE ACTION RESPONSE aooc
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 11 of 23
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`IPR2016-00726
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 11 of 23
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`

`
`Attorney Docket No. 03fl0480D2US
`
`number of selected neighboring participants to which the seeking participant is to connect."
`
`Steele, Jr. et al. fails to disclose such a method for identifying neighboring participants for a
`
`seeking participant to connect to. For at least this reason, claim I is patentable over Steele, Jr. et
`
`al.
`
`Further, the claimed does not make use of routing tables. Steele, Jr. et al. fails to disclose
`
`a non-table based routing method. Claim 1 has been amended to recite, among other limitations,
`
`"a computer—based, non-routing table based, non-switch based method for adding a participant to
`
`a network of participants". For at least this reason, claim 1 is patentable over Steele, Jr. et al.
`
`Claim 2 discloses a connection scheme where "each participant
`
`is connected to 4
`
`participants". Steele, Jr. et al. fails to disclose a connection scheme in which each participant is
`
`connected to 4 participants.
`
`Instead, Steele, Jr. et al. discloses a connection scheme in which
`
`each participant is connected to 5 other participants. Column 7*‘, lines 14-33. For at least this
`
`reason, claim 2 is patentable over Steele, Jr. et al.
`
`Anticipation a claim under 35 U.S.C. § 102 requires that the cited reference must teach
`
`every element of the claim.' Steele, Jr. et al. fails to disclose every limitation recited in claim 1.
`
`Since claim 1 is allowable, based on at least the above reasons, the claims that depend on claim 1
`
`are likewise allowable.
`
`1 MPEP section 2131, p. 70 (Feb. 2003, Rev. 1). See also, Ex parte Levy, 1?
`U.S.P.Q.2d 1461, 1462 (Bd. Pet. App. & lnterf. 1990) (to establish a prima facie case of
`anticipation, the Examiner must identify where “each and every facet of the claimed invention is
`disclosed in the applied reference"); Glaverbet Société Anonyme v. Northlake Mkig. & Supply,
`tnc., 45 F.3d 1550, 1554 (Fed. Cir. 1995) (anticipation requires that each claim element must be
`identical to a corresponding element in the applied reference); Atlas Powder Co.
`it. til. o'uPont
`De Nemours, 750 F.2d 1569, 1574 (1984) (the failure to mention “a claimed element (in) a prior
`art reference is enough to negate anticipation by that reference").
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 12 of 23
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`IPR2016-00726
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 12 of 23
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`

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`Attorney Docket No. 0300430U2US
`
`RV.
`
`lRe'ections under 35 U.S.C.
`
`103, first ara ra h
`
`A.
`
`The Applied Art
`
`A Flood Routing Method for Data Networks by Cho (Cho) is directed to a routing
`
`algorithm based on a flooding technique. Cho discloses a method in which flooding is used to
`
`find an optimal route to forward messages through. Flooding refers to a data broadcast technique
`
`that sends the duplicate of a packet to all neighboring nodes in a network.
`
`In cab, flooding is
`
`not used to send the message, but is used to locate the optimal route for the message to be sent
`
`through. The method entails flooding a very short packet to explore an optimal route for the
`
`transmission of the message and to establish the data path via the selected route. Each node
`
`connected to the broadcast channel does not receive all messages that are broadcast on the
`
`broadcast charmel. When a node receives a message, it does not forward that message to all of
`
`its neighboring nodes using flooding.
`
`In addition, Cho fails to disclose a method for rearranging
`
`a sequence of messages that are received out of order.
`
`B.
`
`Analysis
`
`As noted above, Steele, Jr. et al. discloses a method for adding nodes to a network with
`
`minimal recabling.
`
`Steele, Jr. et at.
`
`fails to disclose a method in which "each participant
`
`forwards broadcast messages that it receives to all of its neighbor participants". Claim 32 has
`
`been amended to clarify the language of previously pending claim 32. Cho discloses a method in
`
`which flooding is used to find an optimal route to forward messages through. Cho fails to
`
`disclose the use of flooding to forward messages.
`
`In Cho, flooding is used only to find an
`
`optimal route for data transmission and is not used to actually forward messages. Cho fails to
`
`disclose a system in which "each participant forwards broadcast messages that it receives to all
`
`of its neighbor participants".
`
`In Cho, each participant forwards messages only to a destination
`
`node once the optimal route has been selected. Cho fails to disclose a system in which "each
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 13 of 23
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`Ex. 1103, p. 13 of 23
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`

`
`Attorney Docket No. D30D48002lJS
`
`participant connected to the broadcast channel receives all messages that are broadcast on the
`
`network". In addition, Cho fails to disclose a method for addressing a sequence of messages that
`
`are received out of order in which "messages are numbered sequentially so that messages
`
`received out of order are queued and rearranged to be in order".
`
`As explained below, there is no incentive or teaching to combine Steele, Jr. et al. and
`
`Cho. However, even if they were combined, neither Steele, Jr. et at‘. nor Cho teach or suggest
`
`the use of flooding to send messages to all nodes connected to a broadcast channel.
`
`In addition,
`
`neither Steele, Jr. er :21. nor Cho teach or suggest the sequential numbering of messages to
`
`rearrange a sequence of messages that are received out of order. The invention of claim 32
`
`includes
`
`forwarding messages
`
`to all neighboring nodes and numbering each message
`
`sequentially so that "messages received out of order are queued and rearranged to be in order",
`
`which are not disclosed in either Steele, Jr. et at. or Cho. For at least this reason, the applicant
`
`believes that claim 32 is patentable over the combination of Steele, Jr. et al. and Cho.
`
`The independent claims are allowable not only because they recite limitations not found
`
`in the references (even if combined), but for at least the following additional reasons. For
`
`example, there is no motivation to combine the various references as suggested in the Office
`
`Action. According to the Manual of Patent Examining Procedure ("MPEP") and controlling case
`
`law, the motivation to combine references cannot be based on mere common knowledge and
`
`common sense as to benefits that would result from such a combination, but instead must be
`
`based on specific teachings in the prior art, such as a specific suggestion in a prior art reference.
`
`For example, last year the Federal Circuit rejected an argument by the PTO‘s Board of Patent
`
`Appeals and Interferences that the ability to combine the teachings of two prior art references to
`
`produce beneficial results was sufficient motivation to combine them, and thus overturned the
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`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 14 of 23
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`IPR2016-00726
`ACTIVISION, EA, TAKE-TWO, 2K, ROCKSTAR
`Ex. 1103, p. 14 of 23
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`

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`Attorney Docket No. 0300-18D02US
`
`Board's finding of obviousness because of the failure to provide a specific motivation in the prior
`
`art to combine the two references? The MPEP provides similar instructions}
`
`Conversely, and in a manner similar to that rejected by the Federal Circuit, the present
`
`Office Action lacks any description of a motivation to combine the references. Thus, if the
`
`current rejection is maintained, the applicant's representative requests that the Examiner explain
`
`with the required specificity where a suggestion or motivation in the references for so combining
`
`the references may be found.‘
`
`Steele et at’. deals with a method for adding nodes to a network while Cho deals with
`
`finding an optimal route to forward messages in a network. The addition of nodes to a network
`
`represents a completely separate process from the forwarding of messages in a network. Steele
`
`et ai. contains no specific teachings that would suggest combining Steele er at. with Cho.
`
`In
`
`other words, Steele et at. contains no specific teachings that would suggest finding an optimal
`
`route to forward messages in a network.
`
`One may not use the application as a blueprint to pick and choose teachings from various
`
`prior
`
`art
`
`references
`
`to
`
`construct
`
`the
`
`claimed
`
`invention
`
`("impermissible
`
`hindsight
`
`reconstruction").5 Assuming, for argument's sake, that it would be obvious to combine the
`
`teachings of Steele er at. with Cho, then Steete et a!. would have done so because it would have
`
`2 In re Sang-Su Lee. 277 F.3d 1338. 1341-1343 (Fed. Cir.