`
`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`EXPERT DECLARATION OF DR. GODMAR BACK IN SUPPORT OF
`PATENT OWNER’S MOTION TO AMEND
`
`APPLE, INC.,
`Petitioner
`
`v.
`
`REALTIME DATA LLC,
`Patent Owner
`
`____________________
`
`
`
` Case IPR2016-01737
`Patent 8,880,862
`
`____________________
`
`
`
`
`
`
`
`
`
`
`
`
`
`Realtime 2022
`Page 1 of 30
`
`
`
`TABLE OF CONTENTS
`
`I.
`
`INTRODUCTION .............................................................................................. 1
`
`A. Summary of Opinions ..................................................................................... 2
`
`II. PROFESSIONAL BACKGROUND ................................................................ 2
`
`III. PERSON OF ORDINARY SKILL IN THE ART ........................................... 6
`
`IV. SUPPORT IN THE ORIGINAL DISCLOSURE FOR THE
`CONDITIONALLY PROPOSED AMENDED CLAIMS ....................................... 8
`
`A. Independent Claim 118 ................................................................................... 8
`
`B. Independent Claim 122 ................................................................................. 12
`
`C. Independent Claim 124 ................................................................................. 15
`
`D. Dependent Claims ......................................................................................... 18
`
`V. CLAIM CONSTRUCTION ............................................................................ 20
`
`VI. PATENTABILITY OF THE PROPOSED SUBSTITUTE CLAIMS OVER
`THE PRIOR ART ................................................................................................... 21
`
`A. Art At Issue In this Proceeding ..................................................................... 21
`
`B. The Material Prior Art At Issue During Prosecution .................................... 25
`
`ii
`
`Realtime 2022
`Page 2 of 30
`
`
`
`I, Godmar Back, declare as follows:
`
`I.
`
`INTRODUCTION
`
`1.
`
`My name is Dr. Godmar Back. I have been retained by Realtime Data
`
`LLC to offer my opinions concerning certain proposed conditional amendments to
`
`the claims of U.S Patent No. 8,880,862 (“the ’862 Patent”).
`
`2.
`
`Specifically, I have been asked to analyze arguments made by Apple,
`
`Inc. and its expert, Dr. Charles J. Neuhauser, in the petition for inter partes review
`
`(“IPR”) proceeding of the ’862 Patent, Case No. IPR2016-01737, as well as the
`
`material prior art references discussed in the prosecution of the ’862 Patent, and
`
`the support and disclosures provided by the patent’s original non-provisional
`
`application. I have also been asked to consider the prior art and arguments at issue
`
`in Case No. IPR2016-01365, in which Apple has challenged certain claims of U.S.
`
`Patent 7,181,608. I have additionally been asked to review the Motion to Amend
`
`submitted concurrently with this declaration, including the Claims Appendix
`
`therein, which sets forth the proposed substituted claims and the amendments to
`
`the original claims reflected therein.
`
`3.
`
`In forming my opinions, I have reviewed the materials identified in
`
`the paragraph above, including the ’862 Patent and its file history (Ex. 1002);
`
`application No. 09/776,267 (“the ’267 application”) (Ex. 2017), filed on Feb. 2,
`
`2001, now Pat. No. 7,181,608, and its file history (Ex. 2023); Dr. Neuhauser’s
`
` 1
`
`Realtime 2022
`Page 3 of 30
`
`
`
`declarations in this Proceeding and IPR2016-01365; Apple’s Petition for Inter
`
`Partes Review; the references upon which Apple’s Petition and Dr. Neuhauser
`
`rely; Realtime’s Motion to Amend in this Proceeding; the Institution Decision; and
`
`materials referenced herein.
`
`4.
`
`My opinions are based on my experience and knowledge of the
`
`relevant art, the documents identified above, as well as the documents discussed in
`
`this declaration.
`
`A.
`
`5.
`
`Summary of Opinions
`
`As explained in detail below, it is my opinion that the conditional
`
`substitute claims proposed in the Motion to Amend are supported by the original
`
`non-provisional application (Ex. 2017) and are patentable over the prior art at issue
`
`in this IPR Proceeding and the material art discussed during prosecution.
`
`II.
`
`PROFESSIONAL BACKGROUND
`
`6.
`
`I have been working in the field of computer science for over 25
`
`years. My areas of expertise include computer systems, operating systems, and
`
`kernels. My experience includes, as a few examples, research, publicatio ns,
`
`lectures, and workshops in the field of computer systems, operating systems, and
`
`kernels. My Curriculum Vitae is attached hereto (Ex. 2009).
`
` 2
`
`Realtime 2022
`Page 4 of 30
`
`
`
`
`
`
`
`7.
`
`I obtained my undergraduate degree in Mathematics and Computer
`
`Science from Humboldt University of Berlin in 1992, and I studied Computer
`
`Science at the Technical University of Berlin from 1992-1994.
`
`8.
`
`From September 1994 to May 1995, I was a Teaching Assistant in the
`
`Department of Computer Science at University of Utah, where I co-taught senior-
`
`level undergraduate courses and entry-level graduate courses in operating systems,
`
`networking, and compilers.
`
`9.
`
`From June 1995 to November 2001, I was a Research Assistant in the
`
`Computer Systems Laboratory at University of Utah, where I conducted research
`
`on component-based operating systems (OSKit) and microkernel systems (Fluke).
`
`My research was published at the Second Symposium on Operating Systems
`
`Design and Implementation (OSDI) in 1996 and at the 16th ACM Symposium on
`
`Operating Systems Principles (SOSP) in 1997. Also during this time period, I
`
`conducted my dissertation research on runtime systems that support multiple
`
`applications. My research was published at the Seventh Workshop on Hot Topics
`
`in Operating Systems (HotOS) in 1999, at the Fourth Symposium on Operating
`
`Systems Design and Implementation (OSDI) in 2000, and at the USENIX 2000
`
`Annual Technical Conference in 2000. I also received travel scholarship awards
`
`from Usenix, ACM, and the IEEE for various conferences such as these.
`
`
`
`
`3
`
`Realtime 2022
`Page 5 of 30
`
`
`
`
`
`
`
`10.
`
`In May 2002, I received my Ph.D. in Computer Science from the
`
`University of Utah. I wrote my dissertation on the topic, “Isolation, Resource
`
`Management and Sharing in the KaffeOS Java Runtime System,” which went on to
`
`win the 2003 ACM SIGPLAN Doctoral Dissertation Award.
`
`11. Between November 2001 and June 2004, I was a Postdoctoral Scholar
`
`in the Computer Systems Laboratory at Stanford University. During my time at
`
`Stanford, I researched static analysis tools. As part of my research, I developed the
`
`MJ system for checking properties and implementing bug-finding analyses in Java
`
`code. I also worked on the design and implementation of DataScript, an input
`
`description language that supports code generation. I published my work on this
`
`language at the ACM Conference on Generative Programming and Component
`
`Engineering Proceedings (GPCE) in 2002. I also taught courses on “Introduction to
`
`Compilers” during my time at Stanford.
`
`12.
`
`In August 2004, I was appointed as Assistant Professor in the
`
`Department of Computer Science at Virginia Tech. In June 2010, I was promoted
`
`to Associate Professor, the position I currently hold. Between 2004 and 2015, I
`
`taught both graduate and undergraduate courses in “Operating Systems.” I have
`
`also taught undergraduate courses such as “Computer Systems,” “Introduction to
`
`Software Design,” “Systems and Networking Capstone,” and “Cloud Software
`
`Engineering,” and graduate courses such as “Advanced Topics in Program
`
`
`
`
`4
`
`Realtime 2022
`Page 6 of 30
`
`
`
`
`Analysis,” “Network Architectures and Protocols,” and “Execution Environments
`
`
`
`for Cloud Applications.” My current research interests include: operating and
`
`runtime systems, virtualization, software engineering, software visualization, web
`
`technology, cloud-based systems, high-performance computing, domain-specific
`
`languages, and library technology.
`
`13. Throughout my career, I have been an external reviewer for several
`
`professional publications and organizations, including the Journal of Parallel and
`
`Distributed Computing; the Journal of STEM Education; National Science
`
`Foundation; IEEE Transactions on Parallel and Distributed Systems; the Journal of
`
`Simulation Modelling Practice and Theory; IEEE Computer; ASEE Southeast
`
`conference; Proceedings of the IEEE; ACM Transactions on Programming
`
`Languages; the Journal of the ACM; Software Practice and Experience;
`
`Transactions on Information Systems (TOIS); USENIX; the Journal of Systems
`
`and Software; ICCD; SOSP; OSDI; PACT; ECOOP; EUROPAR; and the
`
`Informatik Forum Journal.
`
`14.
`
`I have also held
`
`leadership positions at several professional
`
`conferences and workshops. For instance, I have been the Program Co-Chair for
`
`the Operating Systems track at ICCD; a Program Committee Member for the
`
`International Conference on Parallel Processing (ICPP); a Program Committee
`
`Member of the International Workshop on Programming Support Innovations for
`
`
`
`
`5
`
`Realtime 2022
`Page 7 of 30
`
`
`
`
`Emerging Distributed Applications; and a Program Committee Member for the
`
`
`
`SPLASH/Wavefront conference.
`
`15.
`
`I have published 21 conference papers, nine journal articles, chapters
`
`in 2 books, and 11 workshop papers. Many of my works relate to computer
`
`systems, operating systems, and kernels.
`
`16. My compensation is not dependent on the outcome of this case, and I
`
`have no financial interest in the outcome.
`
`III. PERSON OF ORDINARY SKILL IN THE ART
`
`17.
`
`It is my understanding that I must analyze and apply the teachings
`
`from the prior art from the perspective of a person having ordinary skill in the art
`
`at the time of the invention of the ’862 Patent.
`
`18. Based on my experience in the field and review of Dr. Neuhauser’s
`
`declaration, I agree with Dr. Neuhauser’s determination of the level of ordinary
`
`skill in the art at the time of the invention of the ’862 Patent. Namely, I agree that a
`
`POSITA at the time of the invention had a Bachelor’s Degree in electrical
`
`engineering, computer engineering, or a related area of study (such as computer
`
`science) with between three and five years of practical experience in the design and
`
`implementation of computer systems, such as personal computers. I also agree
`
`such a POSITA alternatively had a Master’s Degree in the area of electrical
`
`
`
`
`6
`
`Realtime 2022
`Page 8 of 30
`
`
`
`
`engineering, computer engineering, or a related area of study (such as computer
`
`
`
`science) and somewhat less practical experience.
`
`19.
`
`I am well aware of the qualifications of such a person because I have
`
`worked with, supervised, and hired engineers with similar capabilities. Prior to the
`
`invention date of the ’862 Patent, I had been awarded degrees in Mathematics and
`
`Computer Science. I also had 10 years of practical experience both in industry and
`
`academia. As of the invention date of the ’862 Patent, I was teaching and working
`
`with individuals who met the above criteria for persons of ordinary skill in the art.
`
`In particular, I have taught and worked with distinct groups of graduate students.
`
`One particular group entered the graduate program with B.S. degrees in CS/CE/EE
`
`and several years of industry training (3 years was typical). Finally, I have worked
`
`with and taught advanced Ph.D. students that had at least 3 years of post-BS
`
`experience and knowledge gained while in the graduate program. During my time
`
`in industry, many of my colleagues possessed at least a B.S. in the relevant fields
`
`and had several years of work experience.
`
`20. These students and colleagues all possessed knowledge regarding the
`
`design and implementation of computer systems, such as personal computers.
`
`Further, many of these students ultimately found employment at companies that
`
`had an expressed interest in and need for skills relating to computer system design
`
`and implementation in this time frame.
`
`
`
`
`7
`
`Realtime 2022
`Page 9 of 30
`
`
`
`
`
`
`
`21. Thus, I am familiar with the understanding and knowledge of persons
`
`of ordinary skill in the art as of the date of invention of the ’862 Patent, and was at
`
`least as qualified as the POSITA that I have identified above. I have applied the
`
`understanding of a POSITA to my opinions in this declaration.
`
`IV. SUPPORT IN THE ORIGINAL DISCLOSURE FOR THE
`CONDITIONALLY PROPOSED AMENDED CLAIMS
`
`A.
`
`Independent Claim 118
`
`22. The ’267 application provides support for the preamble of claim 118,
`
`“A method for providing accelerated loading of an operating system in a computer
`
`system.” For example, the ’267 application discloses that it is directed “to data
`
`storage controllers employing lossless and/or lossy data compression and
`
`decompression to provide accelerated loading of operating systems and application
`
`programs.” Ex. 2017 at 5:20-6:1.
`
`23. The ’267 application also provides support for “preloading a portion
`
`of boot data in a compressed form into a volatile memory,” as recited in claim 118.
`
`Specifically, the ’267 application discloses that “the data storage controller can
`
`proceed to pre-load the portions of the computer operating system from the boot
`
`device (e.g., hard disk) into the on-board cache memory.” Ex. 2017 at 41:4-5. The
`
`’267 application further discloses that the data to be loaded may be in compressed
`
`form. See, e.g., Ex. 2017 at 46:3-5, 46:9-50:12. The ’267 application also discloses
`
`that the preloading may occur into volatile memory. See, e.g., Ex. 2017 at 12:16-18
`
`
`
`
`8
`
`Realtime 2022
`Page 10 of 30
`
`
`
`
`(“the cache 13 may comprise volatile or non-volatile memory, or any combination
`
`
`
`thereof.”); id. (“Preferably, the cache 13 is implemented in SDRAM (static
`
`dynamic random access memory).”).1 A person of ordinary skill in the art
`
`(“POSA”) would have understood that SDRAM is a kind of volatile memory.
`
`24. The ’267 application also discloses “the portion of boot data in the
`
`compressed form being associated with a boot data list for booting the computer
`
`system,” as recited in claim 118. See, e.g., Ex. 2017 at 42:4-16.
`
`25. The ’267 application further supports “wherein the preloading
`
`comprises transferring the portion of boot data in the compressed form into the
`
`volatile memory,” as recited in claim 118. See, e.g., Ex. 2017 at 41:4-5 (“the data
`
`storage controller can proceed to pre-load the portions of the computer operating
`
`system from the boot device (e.g., hard disk) into the on-board cache memory.”)
`
`(emphasis added).
`
`26. The ’267 application also supports “wherein the preloading occurs
`
`during the same boot sequence in which a boot device controller receives a
`
`1 It is my opinion that the SDRAM discussed in this passage in the application is in
`
`fact “synchronous” dynamic random access memory rather than “static” DRAM.
`
`Another passage of the application supports that understanding. See Ex. 2017 at
`
`1:20-24. However, that discrepancy is immaterial to my opinions herein as the
`
`salient point is that RAM, without further modification, is volatile memory.
`
`
`
`
`9
`
`Realtime 2022
`Page 11 of 30
`
`
`
`
`command over a computer bus to load the portion of boot data,” as recited in claim
`
`
`
`118. See, e.g., Ex. 2017 at 43:13-14 (“upon the next boot sequence, the boot device
`
`controller would pre-load that data into the local cache memory along with the
`
`other boot data previously on the list.”); id. at 41:7-9 (“Since the same portions of
`
`the operating system must be loaded upon each boot process, it is advantageous . . .
`
`to preload such portions and not wait until . . . commanded to load the operating
`
`system.”); id. at 42:17-20 (“Upon each subsequent power-on/reset [ ], the data
`
`storage controller would retrieve and read the stored list [ ] and proceed to preload
`
`the boot data specified on the list . . . into the onboard cache memory (step 77)”; id.
`
`at Fig. 7B.
`
`27. The ’267 application also provides support for “accessing the
`
`preloaded portion of the boot data in the compressed form from the volatile
`
`memory,” as recited in claim 118. See, e.g., Ex. 2017 at 41:12-14 (“Once the data
`
`is preloaded, when the computer system bus issues its first read commands to the
`
`data storage controller seeking operating system data, the data will already be
`
`available in the cache memory of the data storage controller.”); id. at 41:16-17
`
`(“Before transmission to the bus, if the data was stored in compressed format on
`
`the boot device, the data will be decompressed.”); id. at 12:17-18 (“Preferably, the
`
`cache 13 is implemented in SDRAM (static dynamic random access memory).”);
`
`id. at 43:4-6 (“If the host computer issues a request for boot data that is pre-loaded
`
`
`
`
`10
`
`Realtime 2022
`Page 12 of 30
`
`
`
`
`in the local memory of the data storage controller (affirmative result in step 80),
`
`
`
`the request is immediately serviced using the preloaded boot data (step 81).”).
`
`28. The ’267 application further provides support for “decompressing the
`
`accessed portion of the boot data in the compressed form at a rate that decreases a
`
`boot time of the operating system relative to loading the operating system utilizing
`
`boot data in an uncompressed form,” as recited in claim 118. For example, the ’267
`
`application discloses that “if the [data] was stored in compressed format on the
`
`boot device, the data will be decompressed,” Ex. 2017 at 41:16-18, and further
`
`discloses “accelerated data retrieval.” See, e.g., id. at 10:18-22.
`
`29. The ’267 application also provides support for “updating the boot data
`
`list,” as recited in claim 118. For example, the ’267 application discloses that “the
`
`data storage controller would update the boot data list by recording any changes in
`
`the actual data requests as compared to the expected data requests already stored in
`
`the list (step 83).” Ex. 2017 at 43:10-12.
`
`30. The ’267 application also provides support for “wherein the
`
`decompressed portion of boot data comprises a portion of the operating system,” as
`
`recited in claim 118. For example, the ’267 application discloses that “[t]he boot
`
`data may comprise program code associated with an operating system of the
`
`computer system, an application program, and a combination thereof.” Id. at 6:6-8.
`
`
`
`
`11
`
`Realtime 2022
`Page 13 of 30
`
`
`
`
`
`
`
`Independent Claim 122
`
`B.
`31. The ’267 application provides support for “a processor,” “a first
`
`volatile memory,” and “a second memory configured to store boot data in a
`
`compressed form for booting the system and a logic code associated with the
`
`processor,” as recited in claim 122. For example, the ’267 application discloses at
`
`least five system architecture embodiments, which depict a processor, a first
`
`volatile memory, and a second memory. See Ex. 2017 at Figs. 1-5, 9:23-23:5.
`
`Moreover, Figures 3-5 show that a first memory may be a RAM (random access
`
`memory), which a POSA would understand to be a kind of volatile memory. The
`
`’267 application also discloses that the second memory may store boot data and
`
`logic code associated with the processor in a compressed form. See, e.g., Ex. 2017
`
`at 16:14-22, 17:12-15, 21:5-22:8; 46:3-5.
`
`32. The ’267 application further provides support for “wherein the
`
`processor is configured to preload a portion of the boot data in the compressed
`
`form into the first volatile memory, the portion of the boot data in the compressed
`
`form being associated with a boot data list used for booting the system,” as recited
`
`in claim 122. For example, the ’267 application discloses that “the data storage
`
`controller can proceed to pre-load the portions of the computer operating system
`
`from the boot device (e.g., hard disk) into the on-board cache memory.” Id. at
`
`41:4-5. The ’267 application further discloses that the on-board cache memory
`
`
`
`
`12
`
`Realtime 2022
`Page 14 of 30
`
`
`
`
`may be a volatile memory, id. at 12:16-18, and that the data to be loaded into the
`
`
`
`first memory may be associated with a boot data list, see, e.g., id. at 42:4-16, and
`
`may be in compressed form. See, e.g., id. at 46:3-5, 46:9-50:12.
`
`33. The ’267 application also provides support for “wherein the
`
`preloading comprises transferring the portion of boot data in the compressed form
`
`into the first volatile memory,” as recited in claim 122. See, e.g., Ex. 2017 at 41:4-
`
`5 (“the data storage controller can proceed to pre-load the portions of the computer
`
`operating sytem from the boot device (e.g., hard disk) into the on-board cache
`
`memory.”) (emphasis added).
`
`34. The ’267 application further provides support for “wherein the
`
`preloading occurs during the same boot sequence in which a boot device controller
`
`receives a command over a computer bus to load the portion of boot data,” as
`
`recited in claim 122. See, e.g., Ex. 2017 at 43:13-14 (“upon the next boot sequence,
`
`the boot device controller would pre-load that data into the local cache memory
`
`along with the other boot data previously on the list.”); id. at 41:7-9 (“Since the
`
`same portions of the operating system must be loaded upon each boot process, it is
`
`advantageous . . . to preload such portions and not wait until . . . commanded to
`
`load the operating system.”); id. at 42:17-20 (“Upon each subsequent power-
`
`on/reset [ ], the data storage controller would retrieve and read the stored list [ ]
`
`
`
`
`13
`
`Realtime 2022
`Page 15 of 30
`
`
`
`
`and proceed to preload the boot data specified on the list . . . into the onboard
`
`
`
`cache memory (step 77)”; id. at Fig. 7B.
`
`35. The ’267 application likewise discloses that “the processor is
`
`configured . . . to access the preloaded portion of the boot data in the compressed
`
`form from the first volatile memory,” as recited in claim 122. See, e.g., Ex. 2017 at
`
`41:12-14 (“Once the data is preloaded, when the computer system bus issues its
`
`first read commands to the data storage controller seeking operating system data,
`
`the data will already be available in the cache memory of the data storage
`
`controller.”); id. at 41:16-17 (“Before transmission to the bus, if the data was
`
`stored in compressed format on the boot device, the data will be decompressed.”);
`
`id. at 12:17-18 (“Preferably, the cache 13 is implemented in SDRAM (static
`
`dynamic random access memory).”); id. at 43:4-6 (“If the host computer issues a
`
`request for boot data that is pre-loaded in the local memory of the data storage
`
`controller (affirmative result in step 80), the request is immediately serviced using
`
`the preloaded boot data (step 81).”).
`
`36. The ’267 application also provides support for the processor being
`
`configured to “to decompress the accessed portion of the boot data in the
`
`compressed form at a rate that decreases a boot time of the system relative to
`
`booting the system with uncompressed boot data,” as recited claim 122. For
`
`example, the ’267 application discloses that “if the [data] was stored in compressed
`
`
`
`
`14
`
`Realtime 2022
`Page 16 of 30
`
`
`
`
`format on the boot device, the data will be decompressed,” id. at 41:16-18, and
`
`
`
`“accelerated data retrieval.” See, e.g., id. at 10:18-22.
`
`37. The ’267 application also provides support for the processor being
`
`configured “to update the boot data list,” as recited in claim 122. For example, the
`
`’267 application discloses that “the data storage controller would update the boot
`
`data list by recording any changes in the actual data requests as compared to the
`
`expected data requests already stored in the list (step 83).” Id. at 43:10-12.
`
`Independent Claim 124
`
`C.
`38. The ’267 application provides support for the preamble of claim 124,
`
`“A method for providing accelerated loading of an operating system in a computer
`
`system.” For example, the ’267 application discloses that it is directed “to data
`
`storage controllers employing lossless and/or lossy data compression and
`
`decompression to provide accelerated loading of operating systems and application
`
`programs.” Id. at 5:20-6:1.
`
`39. The ’267 application also provides support for “preloading boot data
`
`in a compressed form into a volatile memory,” as recited in claim 124.
`
`Specifically, the ’267 application discloses that “the data storage controller can
`
`proceed to pre-load the portions of the computer operating system from the boot
`
`device (e.g., hard disk) into the on-board cache memory.” Ex. 2017 at 41:4-5. The
`
`’267 application further discloses that the data to be loaded may be in compressed
`
`
`
`
`15
`
`Realtime 2022
`Page 17 of 30
`
`
`
`
`form. See, e.g., Ex. 2017 at 46:3-5, 46:9-50:12. The ’267 application also discloses
`
`
`
`that the preloading may occur into volatile memory. See, e.g., Ex. 2017 at 12:16-17
`
`(“the cache 13 may comprise volatile or non-volatile memory, or any combination
`
`thereof.”); id. at 12:17-18 (“Preferably, the cache 13 is implemented in SDRAM
`
`(static dynamic random access memory).”). A person of ordinary skill in the art
`
`(“POSA”) would have understood that SDRAM is a kind of volatile memory.
`
`40. The ’267 application also discloses “the boot data in the compressed
`
`form being associated with a boot data list from a boot device,” as recited in claim
`
`124. See, e.g., Ex. 2017 at 42:4-16.
`
`41. The ’267 application further supports “wherein the preloading
`
`comprises transferring the boot data in the compressed form into the volatile
`
`memory,” as recited in claim 124. See, e.g., Ex. 2017 at 41:4-5 (“the data storage
`
`controller can proceed to pre-load the portions of the computer operating sytem
`
`from the boot device (e.g., hard disk) into the on-board cache memory.”)
`
`(emphasis added).
`
`42. The’267 application also supports “wherein the preloading occurs
`
`during the same boot sequence in which a boot device controller receives a
`
`command over a computer bus to load the boot data,” as recited in claim 124. See,
`
`e.g., Ex. 2017 at 43:13-14 (“upon the next boot sequence, the boot device
`
`controller would pre-load that data into the local cache memory along with the
`
`
`
`
`16
`
`Realtime 2022
`Page 18 of 30
`
`
`
`
`other boot data previously on the list.”); id. at 41:7-9 (“Since the same portions of
`
`
`
`the operating system must be loaded upon each boot process, it is advantageous . . .
`
`to preload such portions and not wait until . . . commanded to load the operating
`
`system.”); id. at 42:17-20 (“Upon each subsequent power-on/reset [ ], the data
`
`storage controller would retrieve and read the stored list [ ] and proceed to preload
`
`the boot data specified on the list . . . into the onboard cache memory (step 77)”; id.
`
`at Fig. 7B.
`
`43. The ’267 application also provides support for “accessing the
`
`preloaded boot data in the compressed form from the volatile memory,” as recited
`
`in claim 124. See, e.g., Ex. 2017 at 41:12-14 (“Once the data is preloaded, when
`
`the computer system bus issues its first read commands to the data storage
`
`controller seeking operating system data, the data will already be available in the
`
`cache memory of the data storage controller.”); id. at 41:16-17 (“Before
`
`transmission to the bus, if the data was stored in compressed format on the boot
`
`device, the data will be decompressed.”); id. at 12:17-18 (“Preferably, the cache 13
`
`is implemented in SDRAM (static dynamic random access memory).”); id. at 43:4-
`
`6 (“If the host computer issues a request for boot data that is pre-loaded in the local
`
`memory of the data storage controller (affirmative result in step 80), the request is
`
`immediately serviced using the preloaded boot data (step 81).”).
`
`
`
`
`17
`
`Realtime 2022
`Page 19 of 30
`
`
`
`
`
`
`
`44. The ’267 application further provides support for “decompressing the
`
`accessed boot data in the compressed form at a rate that decreases a time to load
`
`the operating system relative to loading the operating system with the boot data in
`
`an uncompressed form,” as recited in claim 124. For example, the ’267 application
`
`discloses that “if the [data] was stored in compressed format on the boot device,
`
`the data will be decompressed,” Ex. 2017 at 41:16-18, and further discloses
`
`“accelerated data retrieval.” See, e.g., id. at 10:18-22.
`
`45. The ’267 application also discloses “updating the boot data list,” as
`
`recited in claim 124. Id. at 43:10-12 (“the data storage controller would update the
`
`boot data list by recording any changes in the actual data requests as compared to
`
`the expected data requests already stored in the list (step 83).”).
`
`D. Dependent Claims
`46. The ’267 application’s specification supports all features of the
`
`proposed substitute dependent claims.
`
`47. The ’267 application provides support for compressing additional data
`
`(as recited in claim 121 and 168), including using a data compression encoder (as
`
`recited in claim 123), and storing that additional data (as recited in claim 169). See,
`
`e.g., Ex. 2017 at 16:14-22, 17:12-15, 43:6-10, 46:9-50:12.
`
`48. The ’267 application provides support for updating the boot data list
`
`by associating additional data with the list (as recited in claim 119 and 121),
`
`
`
`
`18
`
`Realtime 2022
`Page 20 of 30
`
`
`
`
`updating the list based on the accessing of data (as recited in claim 171, 172, 173),
`
`
`
`or accessing data not associated with the list and updating the list based on that
`
`accessing (as in claim 161, 163, and 165). See, e.g., id. at 43:3-14. The ’267
`
`application further provides support for removing an association of data from the
`
`list, including disassociating non-accessed data from the list, as recited in claims
`
`120, 162, 164, and 166. See, e.g., id. at 43:15-19. The ’267 application further
`
`provides support for storing the list in a non-volatile memory, as recited in claim
`
`167. See, e.g., id. at 21:5-22:8, 42:14-16.
`
`49. The ’267 application provides support for the data being a program
`
`code associated with an operating system (as recited in claims 126, 138, and 150),
`
`an application program, or both (as recited in claims 131, 143, and 155). See, e.g.,
`
`id. at 6:6-8. The ’267 application further provides support that the data (as recited
`
`in claims 125, 137, 142, 149), operating system (as recited in claims 130 and 154),
`
`or application program (as recited in the claims 132, 144, and 156) may be a
`
`plurality of files. See, e.g., id. at 46:19-22.
`
`50. The ’267 application provides support for compressing data to provide
`
`it in a compressed form, including using a compression encoder or data
`
`compression engine, as recited in claims 123, 127, 139, and 151; and
`
`decompressing data utilizing a decompression decoder, as recited in claims 128,
`
`140, and 152. See, e.g., id. at 41:12-18, 46:9-52:11.
`
`
`
`
`19
`
`Realtime 2022
`Page 21 of 30
`
`
`
`
`
`
`
`51. The ’267 application provides support for the memory being a
`
`physical memory, as recited in claims 129, 141, and 153. See, e.g., id. at 12:16-18,
`
`41:3-5.
`
`52. The ’267 application provides support for accessing preloaded data
`
`via direct memory access, as recited in dependent claims 133, 145, and 157. See,
`
`e.g., id. at 13:5-23.
`
`53. The ’267 application provides support for the use of dictionary
`
`encoding, as recited in dependent claims 134, 146, and 158; and Lempel-Ziv
`
`encoding, as recited in dependent claims 135, 147, and 159. See, e.g., id. at 47:6-
`
`13.
`
`54. The ’267 application provides support for the use of a plurality of
`
`encoders, as recited in dependent claims 136, 148, 160, and 170. See ,e.g., id. at
`
`47:14-48:11.
`
`V. CLAIM CONSTRUCTION
`55.
`
` I understand
`
`that Patent Owner and I have offered claim
`
`constructions for certain terms that appear in the proposed substitute claims. It is
`
`my opinion that those constructions are not necessary to demonstrating the
`
`patentability of the proposed substitute claims over the prior art in light of the new
`
`limitations contained in the proposed substitute claims. In the context of the
`
`proposed substitute claims, the meaning of the new limitations—taken as a
`
`
`
`
`20
`
`Realtime 2022
`Page 22 of 30
`
`
`
`
`whole—is discernible to those of ordinary skill in the art. Accordingly, I do not
`
`
`
`offer additional claim construction opinions herein, and do not rely on claim
`
`construction opinions offered elsewhere in this Proceeding and IPR2016-01365.
`
`That fact does not in any way contradict or undermine my claim construction
`
`opinions and related opinions in this Proceeding and IPR2016-01365, and should
`
`not be
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
