PATENT OWNER REALTIME DATA
`DEMONSTRATIVE EXHIBITS
`
`Apple Inc. v. Realtime Data, LLC d/b/a/ IXO
`Cases IPR2016-01737, -01738, -01739
`U.S. Patent No. 8,880,862
`
`1
`
`REALTIME 2032-A
`
`

`

`Table of Contents
`
`IPR2016-01739 ISSUES
`“Boot Data List” Construction …………………………..………………………..6
`
`Settsu and Zwiegincew Do Not Render Obvious “Updating
`the Boot Data List” …………………………………………………………………19
`
`Settsu and Zwiegincew Do Not Render Obvious “Updating the
`Boot Data List in Response to the Utilizing” Step ……………………36
`
`“Non-Accessed Boot Data” Construction ..………………………………..42
`
`Settsu and Zwiegincew Do Not Render Obvious “Disassociating
`Non-Accessed Boot Data from the Boot Data List”…………………50
`
`2
`
`

`

`Table of Contents
`
`IPR2016-01737, -01738 ISSUES
`Sukegawa and Zwiegincew Do Not Render Obvious a “Boot
`Data List” …….…………………………………………………………………………57
`Sukegawa Does Not Disclose “Disassociating Non-Accessed
`Boot Data from the Boot Data List” …..……………………………………72
`Sukegawa Does Not Disclose “Loading [or Accessing] Boot
`Data … That is Associated with a Boot Data List” ..…………….……79
`Sukegawa Does Not Disclose Claim 14’s “Accessing Boot Data”
`Prior to “Loading”.…………………………………………………………………..96
`Sukegawa Does Not Disclose Claim 19’s “Utilizing the Stored
`Additional Portion of [OS]” …..………………..…………………………….104
`Sukegawa Does Not Disclose “Boot Data” with “Program Code
`Associated with … an Application Program”………………………….111
`Combination of Sukegawa and Dye Is Improper.…..………..……..116
`
`3
`
`

`

`Table of Contents
`
`IPR2016-01737, -01738, -01739 ISSUES
`
`Dye Does not Render Obvious a “Plurality of Encoders”…………129
`
`Realtime’s Motions to Exclude Evidence ……………………………..…140
`
`4
`
`

`

`10
`
`15
`
`30
`
`40
`
`45
`
`US 8,880,862 B2
`22
`21
`expected data requests already stored in the list (step 83).
`nel of the DSP (with or without data compression) to pre-load
`computer operating systems and applications.
`Then, upon the next boot sequence, the boot device controller
`Once the data is preloaded, when the computer system bus
`would pre-load that data into the local cache memory along
`with the other boot data previously on the list.
`issues its first read commands to the data storage controller
`seeking operating system data, the data will already be avail
`Further, during the boot process, if no request is made by
`the host computer for a data block that was pre-loaded into the
`able in the cache memory of the data storage controller. The
`data storage controller will then be able to instantly start
`local memory of the data storage controller (affirmative result
`in step 84), then the boot data list will be updated by removing
`transmitting the data to the system bus. Before transmission
`the non-requested data block from the list (step 85). Thereaf
`to the bus, if the data was stored in compressed format on the
`boot device, the data will be decompressed. The process of
`ter, upon the next boot sequence, the data storage controller
`preloading required (compressed) portions of the operating
`will not pre-load that data into local memory.
`system significantly reduces the computer boot process time.
`VI. Quick Launch for Operating System, Application Pro
`gram, and Loading
`In addition to preloading operating system data, the data
`It is to be appreciated that the data storage controller (hav
`storage controller could also preload other data that the user
`would likely want to use at startup. An example of this would
`ing an architecture as described herein) may employ a tech
`be a frequently used application Such as a word processor and
`nique of data preloading to decrease the time to load applica
`tion programs (referred
`to as “quick launch').
`any number of document files.
`There are several techniques that may be employed in
`Conventionally, when a user launches an application, the file
`accordance with the present invention that would allow the
`system reads the first few blocks of the file off the disk, and
`data storage controller to know what data to preload from the
`then the portion of the loaded software will request via the file
`boot device. One technique utilizes a custom utility program
`system what additional data it needs from the disk. For
`example, a user may open a spreadsheet program, and the
`that would allow the user to specify what applications/data
`program may be configured to always load a company spread
`should be preloaded.
`Another technique (illustrated by the flow diagram of
`sheet each time the program is started. In addition, the com
`pany spreadsheet may require data from other spreadsheet
`FIGS. 7a and 7b) that may be employed comprises an auto
`25
`matic process that requires no input from the user. With this
`files.
`technique, the data storage controller maintain a list compris
`In accordance with the present invention, the data storage
`controller may be configured to “remember what data is
`ing the data associated with the first series of data requests
`typically loaded following the launch of the spreadsheet pro
`received by the data storage controller by the host system
`after a power-on/reset. In particular, referring to FIG. 7a,
`gram, for example. The data storage controller may then
`proceed to preload the company spreadsheet and all the nec
`during the computer boot process, the data storage controller
`will receive requests for the boot data (step 70). In response,
`essary data in the order is which such data is needed. Once this
`is accomplished, the data storage controller can service read
`the data storage controller will retrieve the requested boot
`commands using the preloaded data. Before transmission to
`data from the boot device (e.g., hard disk) in the local cache
`memory (step 71). For each requested data block, the data
`the bus, if the preloaded data was stored in compressed for
`35
`mat, the data will be decompressed. The process of preload
`storage controller will record the requested data block num
`ing (compressed) program data significantly reduces the time
`ber in a list (step 72). The data storage controller will record
`for launching an application.
`the data block number of each data block requested by the
`Preferably, a custom utility program is employed that
`host computer during the boot process (repeat steps 70-72).
`would allow the user to specify what applications should be
`When the boot process is complete (affirmative determination
`made ready for quick launch.
`in step 73), the data storage controller will store the data list
`FIGS. 8a and 8b comprise a flow diagram of a quicklaunch
`on the boot device (or other storage device) (step 74).
`Then, upon each Subsequent power-on/reset (affirmative
`method according to one aspect of the present invention. With
`this technique, the data storage controller maintains a list
`result in step 75), the data storage controller would retrieve
`comprising the data associated with launching an application.
`and read the stored list (step 76) and proceed to preload the
`In particular, when an application is first launched, the data
`boot data specified on the list (i.e., the data associated with the
`expected data requests) into the onboard cache memory (step
`storage controller will receive requests for the application
`data (step 90). In response, the data storage controller will
`77). It is to be understood that the depending on the resources
`of the given system (e.g., memory, etc.), the preloading pro
`retrieve the requested application data from memory (e.g.,
`cess may be completed prior to commencement of the boot
`hard disk) and store it in the local cache memory (step 91).
`process, or continued after the boot process begins (in which
`The data storage controller will record the data block number
`case booting and preloading are performed simultaneously).
`of each data block requested by the host computer during the
`When the boot process begins (step 78) (i.e., the storage
`launch process (step 92). When the launch process is com
`plete (affirmative determination in step 93), the data storage
`controller is initialized and the system bus reset is deas
`controller will store the data list in a designated memory
`serted), the data storage controller will receive requests for
`boot data (step 79). If the host computer issues a request for
`location (step 94).
`Then, referring to FIG. 8b, upon each subsequent launch of
`boot data that is pre-loaded in the local memory of the data
`the application (affirmative result in step 95), the data storage
`storage controller (affirmative result in step 80), the request is
`immediately serviced using the preloaded boot data (step 81).
`controller would retrieve and read the stored list (step 96) and
`then proceed to preload the application data specified on the
`If the host computer issues a request for boot data that is not
`preloaded in the local memory of the data storage controller
`list (i.e., the data associated with the expected data requests)
`into the onboard cache memory (step 97). During the appli
`(negative determination in step 80), the controller will
`cation launch process, the data storage controller will receive
`retrieve the requested data from the boot device, store the data
`requests for application data (step 98). If the host computer
`in the local memory, and then deliver the requested boot data
`issues a request for application data that is pre-loaded in the
`to the computer bus (step 82). In addition, the data storage
`controller would update the boot data list by recording any
`local memory of the data storage controller (affirmative result
`in step 99), the request is immediately serviced using the
`changes in the actual data requests as compared to the
`
`50
`
`55
`
`60
`
`65
`
`IPR2016-01737
`Independent Claims 1, 6, 13
`Dependent Claims 3-4, 7,
`23-34, 47-58, 83-96, 99-100,
`105-111, 113, 116
`Motion to Amend
`
`IPR2016-01738
`Independent Claims 8, 11, 14
`Dependent Claims 9-10, 15-22,
`59-82, 101-104, 114-115, 117
`Motion to Amend
`
`IPR2016-01739
`Independent Claim 5
`Dependent Claims 35-46,
`97-98, 112
`No Motion to Amend
`
`5
`
`

`

`wherein the loading, the accessing, and the decompressing
`occur within a period of time which is less than a time to
`access the boot data from the first memory if the boot
`data was stored in the first memory in an uncompressed
`
`US 8,880,862 B2
`“BOOT DATA LIST” CONSTRUCTION
`28
`utilizing the decompressed boot data to at least partially
`11. A method for providing accelerated loading of an oper
`ating system in a computer system, comprising:
`loading boot data in a compressed form that is associated
`with a boot data list from a boot device into a memory
`upon initialization of the computer system;
`accessing the loaded boot data in compressed form from
`the memory;
`decompressing the accessed boot data in 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;
`utilizing the decompressed boot data to load at least a
`portion of the operating system for the computer system;
`and
`updating the boot data list.
`12. The method of claim 11, further comprising:
`compressing boot data that is not associated with the boot
`data list with a data compression encoder.
`13. A method for providing accelerated loading of an oper
`
`10
`a second memory configured to store boot data in a com
`pressed form for booting the system and a logic code
`
`to load a portion of the boot data in the compressed form
`that is associated with a boot data list used for booting
`to access the loaded portion of the boot data in the
`
`15
`
`‘862 Patent at Claim 11
`
`6
`
`

`

`U.S. Patent
`
`Receive Reques for
`coi Data
`
`rever
`
`71 -
`Retrieve Requested Boot
`Data from Disk
`
`
`
`Awu.
`Record Data Block Number
`of Retrieved Boot Data in a List
`
`accordance with the present invention that would allow the
`Nov. 4, 2014
`Sheet 8 of 13
`US 8,880,862 B2
`‘862 SPECIFICATION DISCLOSES “BOOT DATA LIST”
`data storage controller to know what data to preload from the
`boot device. One technique utilizes a custom utility program
`USED TO IDENTIFY AND LOAD BOOT DATA
`that would allow the user to specify what applications/data
`should be preloaded.
`Another technique (illustrated by the flow diagram of
`FIGS. 7a and 7b) that may be employed comprises an auto
`25
`matic process that requires no input from the user. With this
`technique, the data storage controller maintain a list compris
`ing the data associated with the first series of data requests
`received by the data storage controller by the host system
`after a power-on/reset. In particular, referring to FIG. 7a,
`during the computer boot process, the data storage controller
`will receive requests for the boot data (step 70). In response,
`the data storage controller will retrieve the requested boot
`data from the boot device (e.g., hard disk) in the local cache
`memory (step 71). For each requested data block, the data
`35
`storage controller will record the requested data block num
`ber in a list (step 72). The data storage controller will record
`the data block number of each data block requested by the
`host computer during the boot process (repeat steps 70-72).
`When the boot process is complete (affirmative determination
`in step 73), the data storage controller will store the data list
`on the boot device (or other storage device) (step 74).
`Then, upon each Subsequent power-on/reset (affirmative
`result in step 75), the data storage controller would retrieve
`‘862 at 21:24-42
`and read the stored list (step 76) and proceed to preload the
`boot data specified on the list (i.e., the data associated with the
`expected data requests) into the onboard cache memory (step
`
`
`
`-
`
`Boot N.
`ocess
`Complete
`
`
`
`
`
`
`
`
`
`
`
`‘862 at Figure 7A
`FIG. 7A
`
`30
`
`40
`
`45
`7
`
`

`

`
`
`CC) rece 3Cot
`rocess
`
`
`
`‘862 at Figure 7B
`
`
`
`data from the boot device (e.g., hard disk) in the local cache
`A
`memory (step 71). For each requested data block, the data
`‘862 SPECIFICATION DISCLOSES “BOOT DATA LIST”
`35
`--- me
`storage controller will record the requested data block num
`USED TO IDENTIFY AND LOAD BOOT DATA
`75 - - Ys
`ber in a list (step 72). The data storage controller will record
`--
`s ^
`No- Power-up or '^c
`the data block number of each data block requested by the
`System Reset
`host computer during the boot process (repeat steps 70-72).
`When the boot process is complete (affirmative determination
`2
`in step 73), the data storage controller will store the data list
`on the boot device (or other storage device) (step 74).
`Then, upon each Subsequent power-on/reset (affirmative
`result in step 75), the data storage controller would retrieve
`and read the stored list (step 76) and proceed to preload the
`boot data specified on the list (i.e., the data associated with the
`expected data requests) into the onboard cache memory (step
`77). It is to be understood that the depending on the resources
`of the given system (e.g., memory, etc.), the preloading pro
`cess may be completed prior to commencement of the boot
`process, or continued after the boot process begins (in which
`case booting and preloading are performed simultaneously).
`When the boot process begins (step 78) (i.e., the storage
`‘862 at 21:43-52
`controller is initialized and the system bus reset is deas
`serted), the data storage controller will receive requests for
`boot data (step 79). If the host computer issues a request for
`boot data that is pre-loaded in the local memory of the data
`Service Request Using
`storage controller (affirmative result in step 80), the request is
`Preloaded Boot Data
`immediately serviced using the preloaded boot data (step 81).
`If the host computer issues a request for boot data that is not
`preloaded in the local memory of the data storage controller
`
`Prefetch Data Blocks
`
`40
`
`45
`
`50
`
`55
`
`60
`
`8
`
`84-^ Gs
`
`

`

`storage controller (affirmative result in step 80), the request is
`immediately serviced using the preloaded boot data (step 81).
`‘862 SPECIFICATION DISCLOSES “BOOT DATA LIST”
`If the host computer issues a request for boot data that is not
`USED TO IDENTIFY AND LOAD BOOT DATA
`preloaded in the local memory of the data storage controller
`(negative determination in step 80), the controller will
`retrieve the requested data from the boot device, store the data
`in the local memory, and then deliver the requested boot data
`to the computer bus (step 82). In addition, the data storage
`US 8,880,862 B2
`controller would update the boot data list by recording any
`22
`changes in the actual data requests as compared to the
`expected data requests already stored in the list (step 83).
`Then, 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.
`Further, during the boot process, if no request is made by
`the host computer for a data block that was pre-loaded into the
`local memory of the data storage controller (affirmative result
`in step 84), then the boot data list will be updated by removing
`the non-requested data block from the list (step 85). Thereaf
`
`‘862 at 21:65-22:1
`
`60
`
`65
`
`9
`
`

`

`POSITA WOULD UNDERSTAND “BOOT DATA LIST”
`IDENTIFIES AND LOADS BOOT DATA INTO MEMORY
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 56
`
`10
`
`

`

`“BOOT DATA LIST” MEANS “RECORD USED TO
`IDENTIFY AND LOAD BOOT DATA INTO MEMORY”
`
`Realtime ‘1739 Response at 15
`
`11
`
`

`

`DR. NEUHAUSER ADMITS THAT “BOOT DATA
`LIST” USED TO IDENTIFY BOOT DATA TO LOAD
`
`Dr. Neuhauser Transcript (Ex. 2024) at 87:9-15
`
`12
`
`

`

`APPLE’S “BOOT DATA LIST” CONSTRUCTION IS DIVORCED FROM
`THE ‘862 SPECIFICATION AND UNREASONABLY BROAD
`
`APPLE ARGUES THAT EVERY OPERATING SYSTEM FILE IS
`ITSELF A “BOOT DATA LIST”:
`
`‘1739 Petition at 22
`
`13
`
`

`

`APPLE’S “BOOT DATA LIST” CONSTRUCTION IS DIVORCED FROM
`SPECIFICATION AND UNREASONABLY BROAD
`
`Apple’s ‘1739 Reply at 9
`
`14
`
`

`

`employed herein or accelerated data retrieval as disclosed in
`the above-incorporated U.S. Pat. No. 6,195,024. In this
`Such changes and modifications are intended to be included
`embodiment, the data compression engine 180 retrieves or
`within the scope of the invention as defined by the appended
`‘862 CLAIMS AND SPECIFICATION DISTINGUISH BETWEEN
`35
`otherwise accepts compressed data blocks from one or more
`“BOOT DATA” AND “BOOT DATA LIST”
`claims.
`data storage devices and inputs the data via a data storage
`What is claimed is:
`1. A method for providing accelerated loading of an oper
`interface. It is to be understood that the system processes the
`ating system in a computer system, the method comprising:
`input data stream in data blocks that may range in size front
`loading a portion of boot data in a compressed form that is
`individual bits through complete files or collections of mul
`40
`tiple files. Additionally, the input data block size may be fixed
`associated with a portion of a boot data list for booting
`the computer system into a memory;
`The data decompression engine 180 comprises an input
`accessing the loaded portion of the boot data in the com
`pressed form from the memory;
`buffer 155 that receives as input an uncompressed or com
`decompressing the accessed portion of the boot data in the
`pressed data stream comprising one or more data blocks. The
`45
`data blocks may range in size from individual bits through
`compressed form at a rate that decreases a boot time of
`the operating system relative to loading the operating
`complete files or collections of multiple files. Additionally,
`system utilizing boot data in an uncompressed form; and
`the data block size may be fixed or variable. The input data
`buffer 55 is preferably included (not required) to provide
`updating the boot data list,
`wherein the decompressed portion of boot data comprises
`storage of input data for various hardware implementations.
`a portion of the operating system.
`A descriptor extraction module 160 receives the buffered (or
`unbuffered) input data block and then parses, lexically, Syn
`2. The method of claim 1, wherein the updating comprises:
`tactically, or otherwise analyzes the input data block using
`associating additional boot data with the boot data list.
`3. The method of claim 1, wherein the updating comprises:
`methods known by those skilled in the art to extract the data
`compression type descriptor associated with the data block.
`removing an association of additional boot data that is
`
`‘862 Patent at Claim 1
`
`50
`
`15
`
`

`

`CLAIM ELEMENTS LISTED SEPARATELY IN CLAIM ARE
`DISTINCT COMPONENTS OF THE PATENTED INVENTION
`
`FEDERAL CIRCUIT’S BECTON, DICKINSON DECISION:
`“Where a claim lists elements separately, ‘the
`clear implication of the claim language’ is that
`those elements are ‘distinct component[s]’ of the
`patented invention.”
`616 F.3d 1249, 1254 (Fed. Cir. 2010); see also HTC Corp. v. Cellular 

`Comm’ns Equip., LLC, IPR2014-01133, Paper 48 at 8-12 (PTAB Jan. 4, 2016)
`
`16
`
`

`

`APPLE’S “BOOT DATA LIST” CONSTRUCTION IS INCONSISTENT WITH
`POSITA’S UNDERSTANDING
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 74
`
`17
`
`

`

`APPLE’S “BOOT DATA LIST” CONSTRUCTION IS INCONSISTENT WITH
`POSITA’S UNDERSTANDING
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 76
`
`18
`
`

`

`|PR2016-O1739 ISSUE
`
`IPR2016-01739 ISSUE
`SETTSU AND ZWIEGINCEW DO NOT RENDER
`OBVIOUS “UPDATING THE BOOT DATA LIST”
`
`SETTSU AND ZWIEGINCEW DO NOT RENDER
`
`OBVIOUS "UPDATING THE BOOT DATA LIST"
`
`19
`
`19
`
`

`

`CLAIMS 5, 35-46, 97, 98, AND 112 ARE PATENTABLE OVER ‘1739
`IPR GROUNDS 1-4
`
`10
`
`15
`
`US 8,880,862 B2
`22
`21
`expected data requests already stored in the list (step 83).
`nel of the DSP (with or without data compression) to pre-load
`computer operating systems and applications.
`Then, upon the next boot sequence, the boot device controller
`Once the data is preloaded, when the computer system bus
`would pre-load that data into the local cache memory along
`with the other boot data previously on the list.
`issues its first read commands to the data storage controller
`seeking operating system data, the data will already be avail
`Further, during the boot process, if no request is made by
`the host computer for a data block that was pre-loaded into the
`able in the cache memory of the data storage controller. The
`data storage controller will then be able to instantly start
`local memory of the data storage controller (affirmative result
`in step 84), then the boot data list will be updated by removing
`transmitting the data to the system bus. Before transmission
`the non-requested data block from the list (step 85). Thereaf
`to the bus, if the data was stored in compressed format on the
`boot device, the data will be decompressed. The process of
`ter, upon the next boot sequence, the data storage controller
`preloading required (compressed) portions of the operating
`will not pre-load that data into local memory.
`system significantly reduces the computer boot process time.
`VI. Quick Launch for Operating System, Application Pro
`gram, and Loading
`In addition to preloading operating system data, the data
`It is to be appreciated that the data storage controller (hav
`storage controller could also preload other data that the user
`would likely want to use at startup. An example of this would
`ing an architecture as described herein) may employ a tech
`be a frequently used application Such as a word processor and
`nique of data preloading to decrease the time to load applica
`tion programs (referred
`to as “quick launch').
`any number of document files.
`There are several techniques that may be employed in
`Conventionally, when a user launches an application, the file
`accordance with the present invention that would allow the
`system reads the first few blocks of the file off the disk, and
`data storage controller to know what data to preload from the
`then the portion of the loaded software will request via the file
`boot device. One technique utilizes a custom utility program
`system what additional data it needs from the disk. For
`example, a user may open a spreadsheet program, and the
`that would allow the user to specify what applications/data
`program may be configured to always load a company spread
`should be preloaded.
`Another technique (illustrated by the flow diagram of
`sheet each time the program is started. In addition, the com
`pany spreadsheet may require data from other spreadsheet
`FIGS. 7a and 7b) that may be employed comprises an auto
`25
`matic process that requires no input from the user. With this
`files.
`technique, the data storage controller maintain a list compris
`In accordance with the present invention, the data storage
`controller may be configured to “remember what data is
`ing the data associated with the first series of data requests
`typically loaded following the launch of the spreadsheet pro
`received by the data storage controller by the host system
`after a power-on/reset. In particular, referring to FIG. 7a,
`gram, for example. The data storage controller may then
`proceed to preload the company spreadsheet and all the nec
`during the computer boot process, the data storage controller
`will receive requests for the boot data (step 70). In response,
`essary data in the order is which such data is needed. Once this
`is accomplished, the data storage controller can service read
`the data storage controller will retrieve the requested boot
`commands using the preloaded data. Before transmission to
`data from the boot device (e.g., hard disk) in the local cache
`memory (step 71). For each requested data block, the data
`the bus, if the preloaded data was stored in compressed for
`35
`mat, the data will be decompressed. The process of preload
`storage controller will record the requested data block num
`ing (compressed) program data significantly reduces the time
`ber in a list (step 72). The data storage controller will record
`for launching an application.
`the data block number of each data block requested by the
`Preferably, a custom utility program is employed that
`host computer during the boot process (repeat steps 70-72).
`would allow the user to specify what applications should be
`When the boot process is complete (affirmative determination
`made ready for quick launch.
`in step 73), the data storage controller will store the data list
`FIGS. 8a and 8b comprise a flow diagram of a quicklaunch
`on the boot device (or other storage device) (step 74).
`Then, upon each Subsequent power-on/reset (affirmative
`method according to one aspect of the present invention. With
`this technique, the data storage controller maintains a list
`result in step 75), the data storage controller would retrieve
`comprising the data associated with launching an application.
`and read the stored list (step 76) and proceed to preload the
`In particular, when an application is first launched, the data
`boot data specified on the list (i.e., the data associated with the
`expected data requests) into the onboard cache memory (step
`storage controller will receive requests for the application
`data (step 90). In response, the data storage controller will
`77). It is to be understood that the depending on the resources
`of the given system (e.g., memory, etc.), the preloading pro
`retrieve the requested application data from memory (e.g.,
`cess may be completed prior to commencement of the boot
`hard disk) and store it in the local cache memory (step 91).
`process, or continued after the boot process begins (in which
`The data storage controller will record the data block number
`case booting and preloading are performed simultaneously).
`of each data block requested by the host computer during the
`When the boot process begins (step 78) (i.e., the storage
`launch process (step 92). When the launch process is com
`plete (affirmative determination in step 93), the data storage
`controller is initialized and the system bus reset is deas
`controller will store the data list in a designated memory
`serted), the data storage controller will receive requests for
`boot data (step 79). If the host computer issues a request for
`location (step 94).
`Then, referring to FIG. 8b, upon each subsequent launch of
`boot data that is pre-loaded in the local memory of the data
`the application (affirmative result in step 95), the data storage
`storage controller (affirmative result in step 80), the request is
`immediately serviced using the preloaded boot data (step 81).
`controller would retrieve and read the stored list (step 96) and
`then proceed to preload the application data specified on the
`If the host computer issues a request for boot data that is not
`preloaded in the local memory of the data storage controller
`list (i.e., the data associated with the expected data requests)
`into the onboard cache memory (step 97). During the appli
`(negative determination in step 80), the controller will
`cation launch process, the data storage controller will receive
`retrieve the requested data from the boot device, store the data
`requests for application data (step 98). If the host computer
`in the local memory, and then deliver the requested boot data
`issues a request for application data that is pre-loaded in the
`to the computer bus (step 82). In addition, the data storage
`controller would update the boot data list by recording any
`local memory of the data storage controller (affirmative result
`in step 99), the request is immediately serviced using the
`changes in the actual data requests as compared to the
`
`30
`
`40
`
`45
`
`50
`
`55
`
`60
`
`65
`
`Settsu, alone or in view of Zwiegincew,
`fails to render obvious claim elements:
`- “updating the boot data list" (cl. 5)
`- “updating the boot data list in
`response to the utilizing" (cl. 112)
`- “disassociating non-accessed boot
`data from the boot data list" (cl. 98)
`
`20
`
`

`

`60
`
`65
`
`corresponding to null (no encoding applied), a single applied
`4. The method of claim 1, wherein the updating comprises:
`encoding technique, or multiple encoding techniques applied
`associating additional boot data with the boot data list; and
`CLAIM 5’S “UPDATING THE BOOT DATA LIST” (‘1739 IPR)
`compressing a portion of the additional boot data.
`in a specific or random order (in accordance with the data
`5. A method for booting a computer system, the method
`compression system embodiments and methods discussed
`comprising:
`storing boot data in a compressed form that is associated
`A decoder module 165 includes one or more decoders
`D1 ... Dn for decoding the input data block using a decoder,
`with a portion of a boot data list in a first memory;
`set of decoders, or a sequential set of decoders corresponding
`loading the stored compressed boot data from the first
`to the extracted compression type descriptor. The decoders
`memory;
`US 8,880,862 B2
`accessing the loaded compressed boot data;
`D1 . . . Dn may include those lossless encoding techniques
`27
`decompressing the accessed compressed boot data;
`currently well known within the art, including: run length,
`utilizing the decompressed boot data to at least partially
`11. A method for providing accelerated loading of an oper
`ating system in a computer system, comprising:
`boot the computer system; and
`updating the boot data list,
`loading boot data in a compressed form that is associated
`wherein the loading, the accessing, and the decompressing
`occur within a period of time which is less than a time to
`access the boot data from the first memory if the boot
`data was stored in the first memory in an uncompressed
`form.
`6. A system comprising:
`‘862 Patent at Claim 5
`a processor;
`10
`a memory; and
`a second memory configured to store boot data in a com
`
`accessing the loaded boot data in compressed form from
`decompressing the accessed boot data in compressed form
`
`21
`
`

`

`SETTSU’S OS MAIN BODY INCLUDES SEVEN OR
`MORE MODULES (‘1739 IPR)
`
`Settsu at Figure 5
`
`22
`
`

`

`SETTSU FAILS TO RENDER OBVIOUS
`“UPDATING THE BOOT DATA LIST” (‘1739 IPR)
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 78
`
`23
`
`

`

`EXAMINER CONSIDERED SETTSU DURING ORIGINAL
`PROSECUTION, INCLUDING PASSAGES CITED BY APPLE
`
`EXAMINER’S OFFICE ACTION:
`
`‘862 File History (Ex. 1002) at 306
`
`24
`
`

`

`EXAMINER SPECIFIED SETTSU DOES NOT TEACH OR SUGGEST
`“UPDATING THE BOOT DATA LIST”
`
`EXAMINER’S OFFICE ACTION REFERRING TO
`ALLOWABLE CLAIM 22:
`
`’862 File History (Ex. 1002) at 288, 411
`
`25
`
`

`

`ZWIEGINCEW SWAPS APPLICATION FILES USING
`VIRTUAL MEMORY MANAGER
`
`Zwiegincew at Figure 2
`
`26
`
`

`

`ZWIEGINCEW DOES NOT RELATE TO COMPUTER
`SYSTEM BOOT UP
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 82
`
`27
`
`

`

`ZWIEGINCEW DOES NOT RELATE TO COMPUTER
`SYSTEM BOOT UP
`
`Dr. Back ‘1739 Declaration (Ex. 2008) at ¶ 85
`28
`
`

`

`ZWIEG