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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`____________________
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`EXPERT DECLARATION OF DR. GODMAR BACK IN SUPPORT OF
`PATENT OWNER’S MOTION TO AMEND
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`APPLE, INC.,
`Petitioner
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`v.
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`REALTIME DATA LLC,
`Patent Owner
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`____________________
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`
` Case IPR2016-01738
`Patent 8,880,862
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`____________________
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`TABLE OF CONTENTS
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`I. INTRODUCTION ................................................................................................ 1
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`A. Summary of Opinions ....................................................................................... 2
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`II. PROFESSIONAL BACKGROUND .................................................................. 2
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`III. PERSON OF ORDINARY SKILL IN THE ART ............................................ 6
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`IV. SUPPORT IN THE ORIGINAL DISCLOSURE FOR THE
`CONDITIONALLY PROPOSED AMENDED CLAIMS ........................................ 8
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`A. Independent Claim 174 ..................................................................................... 8
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`B. Independent Claim 177 ................................................................................... 11
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`C. Independent Claim 179 ................................................................................... 14
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`D. Dependent Claims ........................................................................................... 17
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`V. CLAIM CONSTRUCTION ............................................................................. 19
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`VI. PATENTABILITY OF THE PROPOSED SUBSTITUTE CLAIMS OVER
`THE PRIOR ART .................................................................................................... 19
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`A. Art At Issue In this Proceeding ....................................................................... 19
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`B. The Material Prior Art At Issue During Prosecution ...................................... 21
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`I, Godmar Back, declare as follows:
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`I.
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`INTRODUCTION
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`
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`1. My name is Dr. Godmar Back. I have been retained by Realtime Data
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`LLC to offer my opinions concerning certain proposed conditional amendments to
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`the claims of U.S Patent No. 8,880,862 (“the ’862 Patent”).
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`2.
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`Specifically, I have been asked to analyze arguments made by Apple,
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`Inc. and its expert, Dr. Charles J. Neuhauser, in the petition for inter partes review
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`(“IPR”) proceeding of the ’862 Patent, Case No. IPR2016-01738, as well as the
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`material prior art references discussed in the prosecution of the ’862 Patent, and
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`the support and disclosures provided by the patent’s original non-provisional
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`application. I have also been asked to consider the prior art and arguments at issue
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`in Case No. IPR2016-01365, in which Apple has challenged certain claims of U.S.
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`Patent 7,181,608. I have additionally been asked to review the Motion to Amend
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`submitted concurrently with this declaration, including the Claims Appendix
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`therein, which sets forth the proposed substituted claims and the amendments to
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`the original claims reflected therein.
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`3.
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`In forming my opinions, I have reviewed the materials identified in
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`the paragraph above, including the ’862 Patent and its file history (Ex. 1002);
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`application No. 09/776,267 (“the ’267 application”) (Ex. 2017), filed on Feb. 2,
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`2001, now Pat. No. 7,181,608, and its file history (Ex. 2023); Dr. Neuhauser’s
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`declarations in this Proceeding and IPR2016-01365; Apple’s Petition for Inter
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`Partes Review; the references upon which Apple’s Petition and Dr. Neuhauser
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`rely; Realtime’s Motion to Amend in this Proceeding; the Institution Decision; and
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`materials referenced herein.
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`4. My opinions are based on my experience and knowledge of the
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`relevant art, the documents identified above, as well as the documents discussed in
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`this declaration.
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`A.
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`5.
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`Summary of Opinions
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`As explained in detail below, it is my opinion that the conditional
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`substitute claims proposed in the Motion to Amend are supported by the original
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`non-provisional application (Ex. 2017) and are patentable over the prior art at issue
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`in this IPR Proceeding and the material art discussed during prosecution.
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`II.
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`PROFESSIONAL BACKGROUND
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`6.
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`I have been working in the field of computer science for over 25
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`years. My areas of expertise include computer systems, operating systems, and
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`kernels. My experience includes, as a few examples, research, publications,
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`lectures, and workshops in the field of computer systems, operating systems, and
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`kernels. My Curriculum Vitae is attached hereto (Ex. 2009).
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`7.
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`I obtained my undergraduate degree in Mathematics and Computer
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`Science from Humboldt University of Berlin in 1992, and I studied Computer
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`Science at the Technical University of Berlin from 1992-1994.
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`8.
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`From September 1994 to May 1995, I was a Teaching Assistant in the
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`Department of Computer Science at University of Utah, where I co-taught senior-
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`level undergraduate courses and entry-level graduate courses in operating systems,
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`networking, and compilers.
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`9.
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`From June 1995 to November 2001, I was a Research Assistant in the
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`Computer Systems Laboratory at University of Utah, where I conducted research
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`on component-based operating systems (OSKit) and microkernel systems (Fluke).
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`My research was published at the Second Symposium on Operating Systems
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`Design and Implementation (OSDI) in 1996 and at the 16th ACM Symposium on
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`Operating Systems Principles (SOSP) in 1997. Also during this time period, I
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`conducted my dissertation research on runtime systems that support multiple
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`applications. My research was published at the Seventh Workshop on Hot Topics
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`in Operating Systems (HotOS) in 1999, at the Fourth Symposium on Operating
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`Systems Design and Implementation (OSDI) in 2000, and at the USENIX 2000
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`Annual Technical Conference in 2000. I also received travel scholarship awards
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`from Usenix, ACM, and the IEEE for various conferences such as these.
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`10.
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`In May 2002, I received my Ph.D. in Computer Science from the
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`University of Utah. I wrote my dissertation on the topic, “Isolation, Resource
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`Management and Sharing in the KaffeOS Java Runtime System,” which went on to
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`win the 2003 ACM SIGPLAN Doctoral Dissertation Award.
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`11. Between November 2001 and June 2004, I was a Postdoctoral Scholar
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`in the Computer Systems Laboratory at Stanford University. During my time at
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`Stanford, I researched static analysis tools. As part of my research, I developed the
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`MJ system for checking properties and implementing bug-finding analyses in Java
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`code. I also worked on the design and implementation of DataScript, an input
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`description language that supports code generation. I published my work on this
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`language at the ACM Conference on Generative Programming and Component
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`Engineering Proceedings (GPCE) in 2002. I also taught courses on “Introduction to
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`Compilers” during my time at Stanford.
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`12.
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`In August 2004, I was appointed as Assistant Professor in the
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`Department of Computer Science at Virginia Tech. In June 2010, I was promoted
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`to Associate Professor, the position I currently hold. Between 2004 and 2015, I
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`taught both graduate and undergraduate courses in “Operating Systems.” I have
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`also taught undergraduate courses such as “Computer Systems,” “Introduction to
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`Software Design,” “Systems and Networking Capstone,” and “Cloud Software
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`Engineering,” and graduate courses such as “Advanced Topics in Program
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`Analysis,” “Network Architectures and Protocols,” and “Execution Environments
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`for Cloud Applications.” My current research interests include: operating and
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`runtime systems, virtualization, software engineering, software visualization, web
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`technology, cloud-based systems, high-performance computing, domain-specific
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`languages, and library technology.
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`13. Throughout my career, I have been an external reviewer for several
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`professional publications and organizations, including the Journal of Parallel and
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`Distributed Computing; the Journal of STEM Education; National Science
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`Foundation; IEEE Transactions on Parallel and Distributed Systems; the Journal of
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`Simulation Modelling Practice and Theory; IEEE Computer; ASEE Southeast
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`conference; Proceedings of the IEEE; ACM Transactions on Programming
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`Languages; the Journal of the ACM; Software Practice and Experience;
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`Transactions on Information Systems (TOIS); USENIX; the Journal of Systems
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`and Software; ICCD; SOSP; OSDI; PACT; ECOOP; EUROPAR; and the
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`Informatik Forum Journal.
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`14.
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`I have also held
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`leadership positions at several professional
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`conferences and workshops. For instance, I have been the Program Co-Chair for
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`the Operating Systems track at ICCD; a Program Committee Member for the
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`International Conference on Parallel Processing (ICPP); a Program Committee
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`Member of the International Workshop on Programming Support Innovations for
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`Emerging Distributed Applications; and a Program Committee Member for the
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`SPLASH/Wavefront conference.
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`15.
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`I have published 21 conference papers, nine journal articles, chapters
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`in 2 books, and 11 workshop papers. Many of my works relate to computer
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`systems, operating systems, and kernels.
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`16. My compensation is not dependent on the outcome of this case, and I
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`have no financial interest in the outcome.
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`III. PERSON OF ORDINARY SKILL IN THE ART
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`17.
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`It is my understanding that I must analyze and apply the teachings
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`from the prior art from the perspective of a person having ordinary skill in the art
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`at the time of the invention of the ’862 Patent.
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`18. Based on my experience in the field and review of Dr. Neuhauser’s
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`declaration, I agree with Dr. Neuhauser’s determination of the level of ordinary
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`skill in the art at the time of the invention of the ’862 Patent. Namely, I agree that a
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`POSITA at the time of the invention had a Bachelor’s Degree in electrical
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`engineering, computer engineering, or a related area of study (such as computer
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`science) with between three and five years of practical experience in the design and
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`implementation of computer systems, such as personal computers. I also agree
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`such a POSITA alternatively had a Master’s Degree in the area of electrical
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`engineering, computer engineering, or a related area of study (such as computer
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`science) and somewhat less practical experience.
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`19.
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`I am well aware of the qualifications of such a person because I have
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`worked with, supervised, and hired engineers with similar capabilities. Prior to the
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`invention date of the ’862 Patent, I had been awarded degrees in Mathematics and
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`Computer Science. I also had 10 years of practical experience both in industry and
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`academia. As of the invention date of the ’862 Patent, I was teaching and working
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`with individuals who met the above criteria for persons of ordinary skill in the art.
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`In particular, I have taught and worked with distinct groups of graduate students.
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`One particular group entered the graduate program with B.S. degrees in CS/CE/EE
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`and several years of industry training (3 years was typical). Finally, I have worked
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`with and taught advanced Ph.D. students that had at least 3 years of post-BS
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`experience and knowledge gained while in the graduate program. During my time
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`in industry, many of my colleagues possessed at least a B.S. in the relevant fields
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`and had several years of work experience.
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`20. These students and colleagues all possessed knowledge regarding the
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`design and implementation of computer systems, such as personal computers.
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`Further, many of these students ultimately found employment at companies that
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`had an expressed interest in and need for skills relating to computer system design
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`and implementation in this time frame.
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`21. Thus, I am familiar with the understanding and knowledge of persons
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`of ordinary skill in the art as of the date of invention of the ’862 Patent, and was at
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`least as qualified as the POSITA that I have identified above. I have applied the
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`understanding of a POSITA to my opinions in this declaration.
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`IV. SUPPORT IN THE ORIGINAL DISCLOSURE FOR THE
`CONDITIONALLY PROPOSED AMENDED CLAIMS
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`A.
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`Independent Claim 174
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`22. The ’267 application provides support for the preamble of claim 174,
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`“A method of loading an operating system for booting a computer system,
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`comprising.” For example, the ’267 application discloses that it is directed “to
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`systems and methods for providing accelerated loading of operating system and
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`application programs upon system boot or application launch.” Ex. 2017 at 1:10-
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`12.
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`23. The ’267 application also provides support for “storing a portion of
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`the operating system in a compressed form in a first memory,” as recited in claim
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`174. For example, the ’267 application discloses at least five system architecture
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`embodiments, which depict a processor, a first memory, and a second memory. See
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`id. at Figs. 1-5, 9:23-23:5. The ’267 application also discloses that the first memory
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`may store a portion boot data, comprising a portion of the operating system, see,
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`e.g., id. at 6:6-8, in a compressed form in the first memory. See, e.g., id at 16:14-
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`22, 17:12-15, 46:3-5; 46:9-50:12.
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`24. The ’267 application also provides support for “preloading the portion
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`of the operating system by transferring the portion of the operating system from the
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`first memory to a second memory,” as recited in claim 174. For example, the ’267
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`application discloses that “the data storage controller can proceed to pre-load the
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`portions of the computer operating system from the boot device (e.g., hard disk)
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`into the on-board cache memory.” Id. at 41:4-5. The ’267 application further
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`discloses the data being associated with a boot data list. See, e.g., id. at 42:4-16.
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`25. The ’267 application also provides support for “wherein the
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`preloading occurs during the same boot sequence in which a boot device controller
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`receives a command over a computer bus to load the portion of the operating
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`system,” as claim 174 recites. See, e.g., Ex. 2017 at 43:13-14 (“[U]pon the next
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`boot sequence, the boot device controller would pre-load that data into the local
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`cache memory along with the other boot data previously on the list.”); id. at 41:7-9
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`(“Since the same portions of the operating system must be loaded upon each boot
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`process, it is advantageous . . . to preload such portions and not wait until . . .
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`commanded to load the operating system.”); id. at 42:17-20 (“[U]pon each
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`subsequent power-on/reset [ ], the data storage controller would retrieve and read
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`the stored list [ ] and proceed to preload the boot data specified on the list . . . into
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`the onboard cache memory (step 77)”; id. at Fig. 7B.
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`26. The ’267 application also provides support for “accessing the
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`preloaded portion of the operating system from the second memory in the
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`compressed form,” as recited in claim 174. For example, the ’267 application
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`discloses accessing the preloaded boot data to service requests from the host
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`computer. Id. at 43:4-6 (“If the host computer issues a request for boot data that is
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`pre-loaded in the local memory of the data storage controller (affirmative result in
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`step 80), the request is immediately serviced using the preloaded boot data (step
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`81).”).
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`27. The ’267 application also provides support for “decompressing the
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`accessed portion of the operating system to provide a decompressed portion of the
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`operating system,” as recited in claim 174. For example, the ’267 application
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`discloses that “if the [data] was stored in compressed format on the boot device,
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`the data will be decompressed.” Id. at 41:16-18.
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`28. The ’267 application also provides support for “utilizing the
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`decompressed portion of the operating system to at least partially boot the
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`computer system,” as recited in claim 174. For example, the ’267 application
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`discloses that “the preloading process may be completed prior to commencement
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`of the boot process, or continued after the boot process begins (in which case
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`booting and preloading are performed simultaneously).” Id. at 42:22-43:1.
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`29. The ’267 application also provides support for “updating the boot data
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`list,” as recited in claim 174. For example, the ’267 application discloses that “the
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`data storage controller would update the boot data list by recording any changes in
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`the actual data requests as compared to the expected data requests already stored in
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`the list (step 83).” Id. at 43:10-12.
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`30. The ’267 application also provides support for “wherein the portion of
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`the operating system is accessed and decompressed at a rate that is faster than
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`accessing the preloaded portion of the operating system from the first memory if
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`the portion of the operating system was to be stored in the first memory in an
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`uncompressed form,” as recited in claim 174. For example, the ’267 application
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`discloses “accelerated data retrieval,” which “comprises retrieving a compressed
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`digital data stream from a target storage device at the rate equal to, e.g., the data
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`access rate of the target storage device and then decompressing the compressed
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`data at a rate that increases the effective data access rate of the target storage
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`device.” See, e.g., id. at 10:18-22.
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`B.
`31.
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`Independent Claim 177
` The ’267 application provides support for the preamble of claim 177,
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`“A method for providing accelerated loading of an operating system in a computer
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`system.” For example, the ’267 application discloses that it is directed “to data
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`storage controllers employing lossless and/or lossy data compression and
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`decompression to provide accelerated loading of operating systems and application
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`programs.” Ex. 2017 at 5:20-6:1.
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`32. The ’267 application also provides support for “preloading boot data
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`in a compressed form that is associated with a boot data list from a boot device into
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`a memory,” as recited in claim 177. For example, the ’267 application discloses
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`that “the data storage controller can proceed to pre-load the portions of the
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`computer operating system from the boot device (e.g., hard disk) into the on-board
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`cache memory.” Ex. 2017 at 41:4-5. The ’267 application further discloses the data
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`to be preloaded being associated with a boot data list, see Ex. 2017 at 42:4-16, and
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`that data preloaded by the data storage controller may be in compressed form. Id.
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`at 46:3-5, 46:9-50:12.
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`33. The ’267 application also provides support for “wherein the
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`preloading comprises transferring the boot data in the compressed form into the
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`memory,” as recited in claim 177. For example, the ’267 application discloses that
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`“the data storage controller can proceed to pre-load the portions of the computer
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`operating system from the boot device (e.g., hard disk) into the on-board cache
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`memory.” Id. at 41:4-5.
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`34. The ’267 application also provides support for “wherein the
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`preloading occurs upon initialization of the computer system and during the same
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`boot sequence in which a boot device controller receives a command over a
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`computer bus to load the boot data,” as recited in claim 177. For example, the’267
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`application discloses “preloading the boot data upon initialization of the computer
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`system.” Ex. 2017 at 6:4-5. It also teaches carrying out the preloading “upon each
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`subsequent power-on/reset.” Id. at 42:17-20 (“upon each subsequent power-
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`on/reset [ ], the data storage controller would retrieve and read the stored list [ ]
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`and proceed to preload the boot data specified on the list . . . into the onboard
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`cache memory (step 77)”; id. at Fig. 7B.
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`35. The ’267 application also provides support for “accessing the
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`preloaded boot data in the compressed form from the memory,” as recited in claim
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`177. For example, the ’267 application discloses accessing the preloaded boot data
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`to service requests from the host computer. Id. at 43:4-6 (“If the host computer
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`issues a request for boot data that is pre-loaded in the local memory of the data
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`storage controller (affirmative result in step 80), the request is immediately
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`serviced using the preloaded boot data (step 81).”).
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`36. The ’267 application also provides support for “decompressing the
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`accessed boot data in compressed form at a rate that decreases a time to load the
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`operating system relative to loading the operating system with the boot data in an
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`uncompressed form,” as recited in claim 177. For example, the ’267 application
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`discloses that “if the [data] was stored in compressed format on the boot device,
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`the data will be decompressed, id. at 41:16-18, and “accelerated data retrieval.”
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`See, e.g., id. at 10:18-22.
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`37. The ’267 application also provides support for “utilizing the
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`decompressed boot data to load at least a portion of the operating system for the
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`computer system,” as recited in claim 177. For example, the ’267 application
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`discloses that “[t]he boot data may comprise program code associated with an
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`operating system of the computer system,” id. at 6:6-8, and that “the preloading
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`process may be completed prior to commencement of the boot process, or
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`continued after the boot process begins (in which case booting and preloading are
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`performed simultaneously).” Id. at 42:22-43:1.
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`38. The ’267 application also provides support for “updating the boot data
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`list,” as recited in claim 177. For example, the ’267 application discloses that “the
`
`data storage controller would update the boot data list by recording any changes in
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`the actual data requests as compared to the expected data requests already stored in
`
`the list (step 83).” Id. at 43:10-12.
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`Independent Claim 179
`C.
`39. The ’267 application provides support for the preamble of claim 179,
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`“A method for providing accelerated loading of an operating system in a computer
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`system.” For example, the ’267 application discloses that it is directed “to data
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`storage controllers employing lossless and/or lossy data compression and
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`decompression to provide accelerated loading of operating systems and application
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`programs.” Ex. 2017 at 5:20-6:1.
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`40. The ’267 application also provides support for “accessing boot data
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`for booting the computer system, wherein a portion of the boot data is in a
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`compressed form and is associated with a boot data list,” as claim 179 recites. For
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`example, the ’267 application discloses a data storage controller accessing boot
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`data, see, e.g., id. at 42:17-20, the data being associated with a boot data list, see,
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`e.g., id. at 42:4-16, and that data loaded by the data storage controller may be in
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`compressed form. Id. at 46:3-5, 46:9-50:12.
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`41. The ’267 application also provides support for “preloading the boot
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`data into a memory, wherein the preloading comprises transferring the boot data
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`into the memory,” as recited in claim 179. For example, the ’267 application
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`discloses that “the data storage controller can proceed to pre-load the portions of
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`the computer operating system from the boot device (e.g., hard disk) into the on-
`
`board cache memory.” Id. at 41:4-5.
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`42. The ’267 application also provides support for “wherein the
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`preloading occurs during the same boot sequence in which a boot device controller
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`receives a command over a computer bus to load the boot data,” as recited in claim
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`179. For example, the’267 application discloses carrying out the preloading “upon
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`each subsequent power-on/reset.” Id. at 42:17-20 (“upon each subsequent power-
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`on/reset [ ], the data storage controller would retrieve and read the stored list [ ]
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`and proceed to preload the boot data specified on the list . . . into the onboard
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`cache memory (step 77)”; id. at Fig. 7B.
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`43. The ’267 application also provides support for “servicing a request for
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`the boot data from the computer system to access the preloaded compressed boot
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`data and to decompress the accessed compressed boot data at a rate that decreases
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`a boot time of the operating system relative to loading the operating system
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`utilizing the boot data in an uncompressed form,” as recited in claim 179. For
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`example, the ’267 application discloses accessing the preloaded boot data to
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`service requests from the host computer. Id. at 43:4-6 (“If the host computer issues
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`a request for boot data that is pre-loaded in the local memory of the data storage
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`controller (affirmative result in step 80), the request is immediately serviced using
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`the preloaded boot data (step 81).”). The ’267 application also discloses that “if the
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`[data] was stored in compressed format on the boot device, the data will be
`
`decompressed,” id. at 41:16-18, and “accelerated data retrieval.” Id. at 10:18-22.
`
`44. The ’267 application also provides support for “updating the boot data
`
`list,” as recited in claim 179. 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.
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`16
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`Page 18 of 26
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`
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`D. Dependent Claims
`45. The ’267 application’s specification supports all features of the
`
`proposed substitute dependent claims.
`
`46. The ’267 application further provides support for compressing
`
`additional data not associated with the boot data list, including using a data
`
`compression encoder (as recited in claim 175, 176, and 178), as well as storing and
`
`utilizing that data (as recited in claim 175). See, e.g., id. at 16:14-22, 17:12-15,
`
`43:6-10, 46:9-50:12.
`
`47. The ’267 application provides support for updating the boot data list
`
`by associating additional boot data with the list, updating the boot data list based
`
`on the accessing or utilizing of data or servicing of requests (as recited in claim
`
`216, 217, and 218), or accessing data not associated with the list and updating the
`
`list based on that accessing (as in claim 184, 212, and 214). See, e.g., id. at 43:3-
`
`14. The ’267 application further provides support for removing the association of
`
`data from the list, including disassociating non-accessed data from the list, as
`
`recited in claims 185, 213, and 215. See, e.g., id. at 43:15-19. The ’267 application
`
`further provides support for maintaining the list, as recited in claim 186. See, e.g.,
`
`id. at 42:4-8.
`
`48. The ’267 application provides support for the boot data or operating
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`system data being a program code associated with an operating system (as recited
`
`
`
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`17
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`Realtime 2022
`Page 19 of 26
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`
`
`
`in claims 180, 189, and 201), an application program, or both (as recited in claims
`
`
`
`182, 194, and 206). See, e.g., id. at 6:6-8. The ’267 application further provides
`
`support that the data (as recited in claims 188 and 200), operating system (as
`
`recited in claims 181, 193, and 205), or application program (as recited in claims
`
`183, 195, and 207) may be, represent, or comprise a plurality of files. See, e.g., id.
`
`at 46:19-22.
`
`49. The ’267 application provides support for compressing data to provide
`
`it in a compressed form, as recited in claims 190 and 202; and decompressing the
`
`accessed data utilizing a decompression decoder, as recited in claims 191 and 203.
`
`See, e.g., id. at 41:12-18, 46:9-52:11.
`
`50. The ’267 application provides support for the memory being a
`
`physical memory, as recited in claims 192 and 204, and for accessing boot data
`
`from a non-volatile memory, as recited in claim 187. See, e.g., id. at 12:16-18,
`
`41:3-14.
`
`51. The ’267 application provides support for accessing preloaded data
`
`via direct memory access, as recited in dependent claims 196 and 208. See, e.g., id.
`
`at 13:5-23.
`
`52. The ’267 application provides support for the use of dictionary
`
`encoding, as recited in dependent claims 197 and 209; and Lempel-Ziv encoding,
`
`as recited in dependent claims 198, 210. See, e.g., id. at 47:6-13.
`
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`18
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`Page 20 of 26
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`53. The ’267 application provides support for the use of a plurality of
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`encoders, as recited in dependent claims 199 and 211. See, e.g., id. at 47:14-48:11.
`
`V. CLAIM CONSTRUCTION
` I understand
`that Patent Owner and I have offered claim
`54.
`
`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
`
`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 interpreted as such.
`
`VI. PATENTABILITY OF THE PROPOSED SUBSTITUTE CLAIMS
`OVER THE PRIOR ART
`A. Art At Issue In this Proceeding
`I understand that the Petition in this proceeding relies on five prior art
`55.
`
`references as to which this proceeding was instituted: Sukegawa, Dye, Settsu,
`
`Burrows, and Zwiegincew.
`
`
`
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`19
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`Realtime 2022
`Page 21 of 26
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`
`
`
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`
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`56.
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`It is my informed opinion that Petitioner’s five references also do not
`
`teach or suggest, alone or in combination, the “preloading” of compressed boot
`
`data comprising “transferring” the compressed boot data “during the same boot
`
`sequence in which a boot device controller receives a command over a computer
`
`bus to load the boot data,” as the proposed substitute claims require.
`
`57.
`
`I understand that in IPR-01365 as to Realtime’s U.S. Patent
`
`7,181,608, Apple argues that the Sukegawa reference teaches “preloading” as
`
`recited in the challenged claims of that patent. See IPR2016-01365, Paper 2 at 30-
`
`33. Apple does not contend in that proceeding, however, that the two aspects of
`
`Sukegawa that it identifies as purportedly teaching “preloading” also comprise
`
`“transferring” compressed boot data “during the same boot sequence in which a
`
`boot device controller receives a command over a computer bus to load the boot
`
`data,” as each proposed substitute claim for the ’862 patent requires. To the
`
`contrary, Apple and its expert in that proceeding have asserted that Sukegawa
`
`teaches “preloading” by storing certain information into non-volatile storage “prior
`
`to the next turning-on of power of the host system 4” IPR2016-01365, Paper 2 at
`
`31-33 (emphasis added). Accordingly, Apple itself contends that Sukegawa teaches
`
`performing the purported “preloading” of the boot data during a different power-on
`
`cycle than the one in which the boot device controller receives a command over a
`
`computer bus to load that same boot data. Id.; IPR2016-01365, Paper 11
`
`
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`20
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`Page 22 of 26
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`
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`(Institution Decision) at 8. As Apple itself has argued, Sukegawa thus does not
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`
`
`provide any teaching of “preloading” boot data that comprises “transferring” the
`
`boot data “during the same boot sequence in which a boot device controller
`
`receives a command over a computer bus to load the boot data.”
`
`58. As noted, Zwiegincew is directed to “scenario files” in operation long
`
`after start-up and not boot data, and thus there is no teaching in that reference of
`
`“preloading” any data “during the same boot sequence in which a boot device
`
`controller receives a command over a computer bus to load the boot data.”
`
`59. Moreover, neither Settsu, Dye, nor Burrows contains a purported
`
`teaching of “preloading.”
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