throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`James J. Fallon, et al.
`In re Patent of:
`8,880,862 Attorney Docket No.: 39521-0025IP2
`U.S. Patent No.:
`November 4, 2014
`Issue Date:
`Appl. Serial No.: 13/118,122
`Filing Date:
`May 27, 2011
`Title:
`SYSTEMS AND METHODS FOR ACCELERATED
`LOADING OF OPERATING SYSTEMS AND
`APPLICATION PROGRAMS
`
`DECLARATION OF DR. CHARLES J. NEUHAUSER
`
`I.
`
`Introduction
`
`1. My name is Dr. Charles J. Neuhauser. I understand that I am submitting a
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`declaration in connection with an Inter Partes review (“IPR”) proceeding before
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`the United States Patent and Trademark Office for U.S. Patent No. 8,880,862
`
`(“the ’862 Patent”).
`
`
`
`2.
`
`I have been retained on behalf of Apple Inc. to offer technical opinions with
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`respect to the ’862 Patent and the prior art references cited in this IPR. My
`
`compensation is not based on the outcome of this matter.
`
`
`
`3.
`
`I am not a lawyer. However, counsel has advised me of legal concepts that are
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`relevant to IPR proceedings and to the opinions that I offer in this declaration. I
`
`understand that, during IPR, claims of the subject patent are given a broadest
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`reasonable interpretation. Counsel has advised me that the broadest reasonable
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`
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`1
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`Apple v. Realtime
`Proceeding No. IPR2016-01738
`APPLE 1030
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`interpretation must be consistent with the specification, and that claim language
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`should be read in light of the specification and teachings in the underlying patent.
`
`
`
`4.
`
`I have reviewed the ’862 Patent, including the claims of the patent in view of the
`
`specification, and I have reviewed the ’862 Patent’s prosecution history. In
`
`addition, I have reviewed the following documents: U.S. Patent No. 6,374,353
`
`(“Settsu”), U.S. Patent No. 6,145,069 (“Dye”), U.S. Patent No. 7,190,284 (“Dye
`
`’284”), Burrows et al., “On-line Data Compression in a Log-structured File
`
`System” (1992) (“Burrows”), U.S. Patent No. 6,317,818 (“Zwiegincew”), Jeff
`
`Prosise, DOS 6 – The Ultimate Software Bundle?, PC Magazine, Apr. 13, 1993
`
`(“Prosise”), Decoder, File, Program File, Direct Memory Access, RAM, and
`
`RAM Cache, Microsoft Press Computer Dictionary (3d ed. 1997)(“MSFT
`
`Dictionary”), Jacob Ziv & Abraham Lempel, A Universal Algorithm for
`
`Sequential Data Compression, IT-23 No. 3 IEEE Transactions on Information
`
`Theory 337 (1977)(“Ziv”), James A. Storer & Thomas G. Szymanski, Data
`
`Compression via Textual Substitution, 19 No. 4 Journal of the Association for
`
`Computing Machinery (1982)(“Storer”), Kyle Loudon, Mastering Algorithms
`
`with C (1999) (“Loudon”), Michael Barr, Programming Embedded Systems in C
`
`and C++ (1999)(“Barr”), Eric Pearce, Windows NT in a Nutshell
`
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`2
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`(1999)(“Pearce”), and Tim O’Reilly, Troy Mott, and Walter Glenn, Windows 98
`
`
`
`in a Nutshell (1999)(“O’Reilly”).
`
`
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`5.
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`I am an electrical engineer by training and profession with a specialization in the
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`area of computer based systems. My educational and practical background also
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`includes extensive experience in the field of computer science and engineering. I
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`have been a practicing electrical engineer since 1968. In formulating my
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`opinions, I have relied upon my training, knowledge, and experience in the
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`relevant art. A copy of my curriculum vitae was provided as Appendix A to my
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`previous Declaration, and it provides a description of my professional experience,
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`including my academic and employment history, publications, conference
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`participation, and more.
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`
`
`6.
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`I have extensive educational and professional engineering experience. I was
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`awarded a BSEE degree from the University of Notre Dame in 1968.
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`Immediately after graduating from the University of Notre Dame, I was
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`employed as a Technical Staff Member by Bell Telephone Laboratories (which
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`has subsequently become Alcatel-Lucent).
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`7. During my time at Bell Telephone Laboratories, I worked on the specification,
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`testing, and development of computer controlled data and telephone switching
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`systems. During that time, I also received my MSEE from Northwestern
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`University (1971) under a company sponsored program.
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`
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`8.
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`I left Bell Telephone Laboratories in 1971 to pursue a Ph.D. in a joint CS/EE
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`program at Johns Hopkins University. In 1980, I was awarded a doctorate based
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`on my research in evaluating computer architectures using emulation techniques.
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`
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`9. While working on my Ph.D. research, I joined the Digital Systems Laboratory at
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`Stanford University as a research associate in 1974. There, I worked on the
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`development of emulation systems for architectural research. In 1974, I also
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`began working on a part-time basis at Palyn Associates, Inc. to develop a range
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`of commercial products based on this research.
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`
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`10. In 1980, I joined Palyn as a full-time member of the Technical Staff. I later
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`became Director of Engineering at Palyn and, by 1985, I was the Vice President
`
`of Engineering. At Palyn, I was responsible for directing product development
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`on behalf of our clients, which consisted of a range of international entities
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`involved in computer technology. I also directly consulted with clients regarding
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`
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`processor and peripheral design.
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`
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`11. In my consulting role at Palyn, I was responsible for the specification, design,
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`testing, and debugging of a wide range of computer devices, including mini-
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`computers, microprocessors, printers, and communication interfaces. This
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`involved both hardware and software development.
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`
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`12. Since 1994, I have been an independent consultant focusing on technical analysis
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`primarily in support of litigation or potential litigation. In this role I have
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`analyzed many different types of computer based systems, including robotic
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`manufacturing systems, television transmission and reception systems,
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`microprocessors, main-frame systems, peripheral systems and networked
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`systems. I also have led teams of engineers in the functional analysis of various
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`types of systems, including robotic systems, networked processors, processor
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`operation, and video production equipment.
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`
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`13. Other details concerning my background, including a list of my publications,
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`professional service, and more, are set forth in my curriculum vitae. In forming
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`the opinions expressed in this report, I have relied upon my education and my
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`nearly 50 years of professional experience in the fields of electrical and computer
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`engineering and of computer science. This declaration is organized as follows:
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`
`
`I.
`
`Introduction
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`II. Detailed Discussion
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`III. Legal Principles
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`
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`II. Detailed Discussion
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`A. One of Ordinary Skill
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`14. It is my understanding that I must analyze and apply the prior art cited above
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`from the perspective of a person having ordinary skill in the art as of February 3,
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`2000 (“one of ordinary skill”), which I understand to be the ’862 Patent’s earliest
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`possible priority date.
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`
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`15. The ’862 Patent relates to accessing data in conventional computer systems.
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`Figure 1 is an exemplary figure that illustrates the basic structure of one
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`embodiment of the ’862 Patent’s system [’862 Patent, 4:36-37, 5:63-65]. This
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`and other similar figures of the ’862 Patent show straightforward and well known
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`structures related to conventional computer systems, such as the widely used
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`personal computer. In my opinion, one of ordinary skill would be a person with a
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`Bachelor’s Degree in electrical engineering, computer engineering, or a related
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`area of study. In addition, this person would have between three and five years
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`of practical experience in the design and implementation of computer systems,
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`such as personal computers. Alternatively, a person with a Master’s Degree in
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`the area of electrical engineering, computer engineering, or a related area of study
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`and somewhat less practical experience would be similarly qualified.
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`
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`16. I am well aware of the qualifications of such a person because I have worked
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`with, supervised, and hired engineers with similar capabilities. By the year 2000,
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`I had been awarded a Ph.D. in CS/EE with a specialization in computer
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`engineering and had over 30 years of practical experience. Thus, by February 3,
`
`2000, I was at least as qualified as the person having ordinary skill in the art that I
`
`have identified above. Moreover, I understand the perspective of one of ordinary
`
`skill, which I have applied in my analysis.
`
`
`
`B.
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`Prior Art and the Claims of the ’862 Patent
`
`17. The amendments introduced by Patent Owner in its proposed substitute claims
`
`are directed toward trivial features that one of ordinary skill would have
`
`considered obvious over the prior art. As I discuss in detail below, for example,
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`Settsu, both alone and in combination with Zwiegincew, renders obvious every
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`feature of the proposed substitute claims, including the amended features.
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`
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`Independent Claim 174 (amendment to challenged claim 1)
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`[174.0] A method of loading an operating system for booting a computer
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`system, comprising:
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`18. It is my understanding that claim 118 is an amendment based on challenged
`
`claim 1.
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`
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`19. The system of Settsu is a “computer system” as claimed in the preamble of
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`amended claim 124. One of ordinary skill in the art would have understood this
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`from, for example, Settsu Fig. 1, 5 and 12 which shows the basic software and
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`hardware aspects of a computer system [5:58-60, 6:4-6, 6:29-31]. Further, the
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`purpose of Settsu is related to “booting up and information processing
`
`apparatus” [Abstract, 1:1-4, 1:44-50, 13:49-55] and one of ordinary skill in the
`
`art would have understood that information processing apparatus is a “computer
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`system”
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`20. Settsu describes multiple “preferred embodiments,” but sometimes omits
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`description of like elements between embodiments [See Settsu 10:43-51, 13:49-
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`55]. Settsu is nevertheless clear that functionality ascribed to elements from one
`
`embodiment applies equally to similar elements of other embodiments. As such,
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`one of skill would have understood and found it obvious that the description of
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`elements provided by Settsu with respect to one embodiment applies equally to
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`similar elements of other embodiments.
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`
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`21. In general, Settsu is related to improving the speed of loading an operating
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`system. For example, under the title “Field of the Invention” Settsu states “The
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`present invention relates to an information processing apparatus capable of
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`reducing the time required for booting itself when it is powered on, and a method
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`of booting an information processing apparatus at high speed” [1:8-12]. One of
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`ordinary skill in the art would have understood from this citation and from other
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`discussion in Settsu that one of the objectives of Settsu is “loading of an
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`operating system” because it is explicitly stated [1:44-50, 10:36-39, 14:64-15:4].
`
`
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`22. In a system of Settsu as modified to include the teachings of Zwiegincew the
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`basic system of Settsu would be retained but the system would be extended to
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`include the so called “scenario files” of Zwiegincew. Zwiegincew makes use of
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`scenario files to load pages form hard disk into random access memory in
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`anticipation of their need. One of ordinary skill in the art would have understood
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`that this approach speeds up the loading and execution of applications because a
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`time consuming hard page fault is not needed by the system to access prefetched
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`data [Abstract, 1:5-10, 4:6-13].
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`
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`23. Thus, to one of ordinary skill in the art either Settsu alone or Settsu as modified
`
`by Zwiegincew would have meet the requirements of the preamble to claim 174.
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`
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`[174.1] storing a portion of the operating system in a compressed form in a
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`first memory
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`24. In Settsu, the operating system code is represented by the contents of mini OS
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`
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`module 7 and OS main body module 8. One of ordinary skill in the art would
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`have understood that both of these modules are stored in boot device 3, which
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`this person would have understood is a disk based on Fig. 1 [5:58-60, 8:13-21].
`
`Thus, this person would have understood that the boot disk 3 is the “first
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`memory” of element 174.1 because this is where the operating system is stored.
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`In Settsu’s fourth embodiment the mini OS module 7 and OS main body module
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`8 are stored on boot device 3 as compressed files [Fig. 12, 3:6-12, 13:55-65].
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`Thus, one of ordinary skill in the art would have understood that Settsu alone
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`discloses “storing a portion of the operating system in a compressed form in a
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`first memory”.
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`
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`25. Settsu explains that the use of compression and decompression reduces the time
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`required for I/O processing, which further reduces the time required for booting
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`up [Settsu, 14:58-15:5]. Because Settsu’s OS main body module 8 is loaded
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`when the information processing apparatus is powered on and represents the
`
`operating system data needed to boot the information processing apparatus,
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`Settsu’s OS main body module 8 includes data associated with data requests
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`expected to result from a system power-on/reset and, thus, meets the claimed
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`boot data. As such, but its description of transferring the OS main body module
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`8 from boot device 3 into memory 2 as a plurality of compressed files, Settsu
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`discloses preloading a portion of boot data in a compressed form into memory.
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`
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`26. Zwiegincew recognizes that the time to load computer programs can be improved
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`using two techniques. In the first technique Zwiegincew discloses that pages
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`related to program modules may be stored as scenario files on disk storage 230
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`[Fig. 2, 256-60]. Zwiegincew also states that program modules may be related to
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`the operating systems [5:49-51]. Thus, one of ordinary skill in the art would have
`
`understood that Settsu as modified by the disclosure of Zwiegincew would
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`perform “storing a portion of the operating system” in a first memory”. The first
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`memory of Zwiegincew is hard disk drive 127 (disk storage 230) and this
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`corresponds to the boot device 3 of Settsu in the combined system.
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`
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`27. Zwiegincew would further disclose to one of ordinary skill in the art that the
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`program modules, including the operating system, may be stored on the disk in
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`compressed form [Fig. 3, 5:49-51, 8:66-9:13]
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`
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`28. One of ordinary skill would have recognized that the occurrence of hard page
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`faults during Settsu’s boot process would be reduced by adapting Settsu’s system
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`to pre-fetch, from boot device 3 into memory 2, pages that are expected to be
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`requested during the boot process, in the manner described by Zwiegincew, and
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`that this would further speed Settsu’s boot process [Settsu, Abstract, 1:43-2:25,
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`3:6-25, 10:43-12:16, 13:49-15:4; Zwiegincew, Abstract, 1:45-51, 1:5-3:55, 2:12-
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`15, 5:50-51, 8:66-9:13, FIGS. 1, 2]. Accordingly, one of ordinary skill would
`
`have been motivated to modify Settsu’s system to generate and store scenario
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`files on boot device 3, and to pre-fetch/transfer, from boot device 3 into memory
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`2, pages that are expected to be requested during the boot process, as identified in
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`the stored scenario files.
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`
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`29. Thus, one of ordinary skill in the art would have understood that Settsu alone or
`
`in combination with Zwiegincew disclosed all aspects of element 174.1.
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`
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`[174.2] preloading the portion of the operating system by transferring the
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`portion of the operating system from the first memory to a second memory,
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`the portion of the operating system being associated with a boot data list,
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`30. In the system of Settsu, the OS main body module 8 is stored on boot device 3.
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`During the boot process, mini OS module 7 is first transferred from boot device 3
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`to memory 2. Then mini OS module 7 transfers the functional modules
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`composing the OS main body module 8 to memory 2 [Fig. 1, Abstract, 1:44-65,
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`9:40-43, 10:32-36]. Thus, one of ordinary skill in the art would have understood
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`that boot device 3 of Settsu is the “first memory” and memory 2 is the “second
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`memory” described in element 174.2. One of ordinary skill in the art would have
`
`understood that OS main body module 8 is a “portion of the operating system” as
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`this is what is stated in Settsu [Abstract, 1:51-57, 9:40-43].
`
`
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`31. Settsu describes two types of “boot data list”. First, the compressed files that
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`make up the OS main body module are themselves a form of list. Second, in
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`fourth embodiment the mini OS module 7 maintains a list of the OS main body
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`module files to be loaded.
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`
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`32. With respect to the first type of boot data list, Settsu Fig. 12 shows a file system 5
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`that contains the multiple files that make up the OS main body module 8 [7:66-
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`8:9, 13:55-65]. One of ordinary skill in the art would have understood that a file
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`is a type of list [“File”, Microsoft Press Computer Dictionary (3d ed. 1997)].
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`Settsu also would have made this clear to one of ordinary skill in the art. Settsu
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`Fig. 36 illustrates how the compiled code is divided into a mini OS module 7 and
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`an OS main body module 8. The OS main body module 8 is composed of a
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`header 114, a code portion 108 and a data portion 110. Header 114 locates and
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`defines the code portion 108 and data portion 110 within the OS main body file
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`[24:44-62, see particularly 24:60-62]. One of ordinary skill in the art would have
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`understood that the header is a list locating information with in a file and the
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`organization of the OS main body module file is a list because that is what is
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`shown in Fig. 36. Because the mini OS module uses the header information and
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`the structure of the file to load the OS main body module, one of ordinary skill in
`
`the art would have understood that this list is a “boot data list”.
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`33. Because Settsu’s OS main body module 8 is loaded when the information
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`processing apparatus is powered on and represents the operating system data
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`needed to boot the information processing apparatus, Settsu’s OS main body
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`module 8 includes data associated with data requests expected to result from a
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`system power-on/reset and, thus, would have been understood by one of ordinary
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`
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`skill as being boot data.
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`
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`34. With respect to the second type of “boot data list” the fourth embodiment makes
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`it clear that in the process of loading the OS main body module 8 the mini OS
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`module 7 makes use of a type of list. One of ordinary skill in the art would have
`
`seen this clearly from Fig. 14 related to the fourth embodiment [6:35-38, 14:13-
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`17]. Fig. 14 illustrates the operation of the OS loading and decompression
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`processing module 50 of Fig. 13 [14:13-17]. The illustrated flow chart shows
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`that each functional module of the OS main body module is loaded in a sequence
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`Fig. 14, step ST181. At step ST185 a check is made to determine if all the
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`functional modules have been loaded [14:17-28, 14:44-52]. To one of ordinary
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`skill in the art this would suggest a list is being used to control the loading of the
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`functional modules because this is a common approach to carrying out this
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`process. Settsu describes two types of such a list.
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`
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`35. Fig. 3 illustrates a first type of list, namely those files or functional modules that
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`make of the OS main body module in the form of a kernel module 15 [8:50-55].
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`It is the responsibility of the OS loading and initialization processing module 11
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`in mini OS module 7 to ensure that each of these functional modules is loaded
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`[9:56-66]. In performing this function according to the sequencing shown in the
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`flowchart of Fig. 14 one of ordinary skill in the art would have found it obvious
`
`to make use of a list because the structure of the files (as explained above) and
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`the ordering of the files in Fig. 3 suggests ordering and sequencing. Similarly,
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`Fig. 12 related to the fourth embodiment suggests files to be loaded sequentially
`
`until all files are loaded as Fig. 14 illustrates. One of ordinary skill in the art
`
`would have found it natural to use a list of the functional modules to control the
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`loading as this is a common and well-known structure for identifying items to be
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`manipulated in sequence.
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`
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`36. Settsu describes a second type of list, namely function definition files. Settsu
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`Fig. 17-20 relate to an embodiment of Settsu that controls the loading and starting
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`of application programs. As shown in Fig. 17 the OS main body 8 is divided into
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`a number of functional modules [16:13-21]. In this embodiment, a function
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`definition file 71 contains a list of the OS functional modules required for a
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`particular application module 70 to run [16:26-30]. In order to speed up the start
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`of the application module the mini OS module (specifically, the AP Execution
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`and OS Load processing module 72, Fig. 19) first preloads all those mini OS
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`modules that are needed by the application module 70. To do this the mini OS
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`module makes use of the function definition file 71 [Fig. 20, steps ST213, ST216;
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`17
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`16:7-17:62]. One of ordinary skill in the art would understand that the function
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`definition file 71 is a list because Settsu states that it is [16:26-30, 16:65-17:1].
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`Because the function definition file 71 is used to control the preloading of OS
`
`main body modules one of ordinary skill in the art would have understood that it
`
`is a “boot data list” as required by element 174.1. Thus, to one of ordinary skill
`
`in the art Settsu makes obvious all the aspects of element 174.1.
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`
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`37. In the first type of “boot data list” discussed above, namely the header
`
`information, one of ordinary skill in the art would have understood that OS main
`
`body module 8 is “associated” with the list because the header describes how and
`
`where information in the OS main body module 8 is stored on boot device 3.
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`With respect to the second type of “boot data list”, the function definition files,
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`one of ordinary skill in the art would have understood that the OS main body
`
`module 8 is associated with this list because the list specifies what modules must
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`be present for an application to begin execution early in the boot process.
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`
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`38. As discussed above with respect to element 174.1, one of ordinary skill in the art
`
`would have recognized that the performance of Settsu could have been improved
`
`by using the disclosure of Zwiegincew. In this combination, the scenario file
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`capability of Zwiegincew would be incorporated into Settsu to further decrease
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`the time required to load the system. One of ordinary skill in the art would have
`
`understood that hard page faults lead to long delays in the start of program
`
`execution because the processor has to wait until the requested page is retrieved
`
`from the hard disk drive 127 [1:36-44]. One of ordinary skill in the art would
`
`have understood that Zwiegincew reduces the number of page faults by detecting
`
`potential hard page fault scenarios and in anticipation of the hard page fault load
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`an associated scenario file [Abstract, 6:32-37, 8:23-42]. One of ordinary skill in
`
`the art would have understood that the scenario files of Zwiegincew are the “boot
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`data list” claimed in element 124.1 because they define the data to be loaded
`
`during the load of the operating system. The scenario files are associated with
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`the “portion of operating system data” because they define the pages of the
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`operating system code to be loaded in anticipation of a page fault.
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`
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`39. From the above, one of ordinary skill would have been motivated to modify
`
`Settsu’s system to generate and store scenario files on boot device 3, and to pre-
`
`fetch, from boot device 3 into memory 2, pages that are expected to be requested
`
`during the boot process, as identified in the stored scenario files.
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`40. Thus, one of ordinary skill in the art would have understood that Settsu alone or
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`in combination with Zwiegincew disclosed all aspects of element 174.2.
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`
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`[174.3] and where in the preloading occurs during the same boot sequence in
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`which a boot device controller receives a command over a computer bus to
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`load the portion of the operating system:
`
`41. The “boot sequence” of Settsu begins with the firmware 6 located in ROM 1
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`loading the mini OS module 7 from the boot block 4 contained on boot device 3
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`[Fig. 1, 7:65-8:23, 11:44-65, Fig. 4, 9:4-11]. Once the mini OS module 7 is
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`loaded the code of the mini OS module 7 running on the information processing
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`apparatus [Fig. 1] is the “boot device controller. One of ordinary skill in the art
`
`would have understood this from comparing the operation and structure of the
`
`data storage controller 10. In the ‘862 the data storage controller 10 acts initially
`
`as a boot device controller because it is responsible for booting the operating
`
`system and any applications that must start immediately after power on or reset
`
`[‘862 Fig. 2, 9:4-14, 9:55-10:10]. Code stored in ROM 24 contains the code
`
`which performs the boot device function. One of ordinary skill in the art would
`
`have understood that while the data storage controller of the ‘862 has the well-
`
`known structure and organization of an information processing system, its
`
`character as a boot device controller comes from the programming contained in
`
`
`
`20
`
`

`

`
`
`ROM 24. They would have understood this because the use of processors, such
`
`as DSP or processor 21 in device this configuration to perform more or less
`
`arbitrary functions is a basic concept of computer engineering. The ‘862 patent
`
`recognizes this basic concept because directly under “Detailed Description of
`
`Preferred Embodiments” the ‘862 patent states:
`
`
`
` “It is to be further understood that the present invention may
`
`be implemented in various forms of hardware, software,
`
`firmware, or a combination thereof. Preferably, the present
`
`invention is implemented on a computer platform including
`
`hardware such as one or more central processing units (CPU)
`
`or digital signal processors (DSP), a random access memory
`
`(RAM), and input/output (I/O) interface(s).” [‘862 5:2-8]
`
`
`
`42. This simply confirms the understanding of one of ordinary skill in the art that
`
`CPUs, DSPs, microcomputers and so forth, when properly programmed, may
`
`perform specific special purpose functions. One of ordinary skill in the art would
`
`have understood this because not only is it basic computer engineering, but it is
`
`the foundational concept that gives programmable systems their power. Thus,
`
`one of ordinary skill in the art would have understood that mini OS module 7
`
`
`
`21
`
`

`

`running on the information processing apparatus of Settsu is the required “boot
`
`
`
`device controller” of element 118.3.
`
`
`
`43. In Settsu initialization of the system results in immediate execution of the
`
`firmware code module 6 in ROM 2. This module in turn loads the mini OS
`
`Module 7 from the boot block 4 on boot device 3. Once the mini OS module 7 is
`
`loaded the firmware code module 6 “transfers control” to the mini OS module 7
`
`[Figs. 1, Fig. 4, 8:8-13, 9:4-11]. One of ordinary skill in the art would have
`
`understood that in an information processing apparatus (Settsu’s term) that
`
`control is typically transferred to other parts of the program by a jump, a call, a
`
`signal or some other similar mechanism or that it would have been obvious to do
`
`so because this is basic computer engineering. One of ordinary skill in the art
`
`would have understood that transferring control with a jump, a call or a signal is a
`
`type of command at least because it initiates the execution of the target code.
`
`Thus, one of ordinary skill in the art would have understood that the mini OS
`
`module 7 of Settsu “receives a command… to load a portion of boot data “.
`
`
`
`44. Further, one of ordinary skill in the art would have understood that an
`
`information processing apparatus typically contains bus over which instructions
`
`(jumps, calls, signal etc.) are issued. This person would have understood this
`
`
`
`22
`
`

`

`
`
`from their basic knowledge of computer engineering because computer busses
`
`and bus systems are a fundamental structure in almost all processors. Thus, one
`
`of ordinary skill in the art would have understood that in Settsu the mini OS
`
`module “receives a command over a computer bus to load a portion of boot
`
`data”.
`
`
`
`45. In Settsu, the “boot sequence” begins with the execution of firmware code
`
`module 6 [8:8-13, 8:21-23, 9:4-11]. From Settsu, one of ordinary skill in the art
`
`would have understood that execution of the firmware code module leads directly
`
`to the loading and subsequent execution of the mini OS module as explained
`
`directly above [Fig. 4, 9:4-11]. The mini OS module proceeds to load the OS
`
`main body module, which one of ordinary skill in the art would have understood
`
`to be the “portion of boot data” as explained above with respect to element 174.1.
`
`One of ordinary skill in the art would have understood that once the mini OS
`
`module 7 receives the command over the bus it will begin and continue the
`
`process of preloading the operating system until this process is complete because
`
`this is what is shown in Fig. 14 [ 14:44-57]. Thus, one of ordinary skill in the art
`
`would have understood that the “preloading occurs during the same boot
`
`sequence in which the boot device controller receives a command over a
`
`computer bus to load the portion of the operating system”.
`
`
`
`23
`
`

`

`
`
`
`
`46. In a system Settsu as modified by Zwiegincew one of ordinary skill in the art
`
`would have understood that the hard disk drive 127 (disk storage 230) would be
`
`controlled partially by software and partially by the hard disk drive interface 132
`
`[Zwiegincew Fig. 1, 4:47-65]. Thus, in the combination one of ordinary skill in
`
`the art would have understood that the “boot device controller” in the
`
`combination of Settsu with Zwiegincew would include the hard disk drive
`
`interface 123, mini OS module 7 and the processor of Settsu or processing unit
`
`121 of Zwiegincew. It would be clear to one of ordinary skill in the art that in the
`
`combination of Settsu with Zwiegincew that the hard disk drive interface 127
`
`receives commands over the system bus 123 because the structure shown is a
`
`basic personal computer system and this is a commonly known aspect of such
`
`systems [3:57-59, 4:47-65] and thus would meet the requirements of element
`
`174.3
`
`
`
`47. Thus, one of ordinary skill in the art would have understood that Settsu as
`
`modified by Zwiegincew meets all the requirements of element 174.3.
`
`
`
`[174.4] accessing the preloaded portion of the operating system from the
`
`second memory in the compressed form;
`
`24
`
`
`
`

`

`48. As discussed above, one of ordinary skill in the art would have understood that
`
`
`
`the “second memory” of Settsu is the memory 2. In Settsu’s fourth embodiment
`
`OS main body module 8 is stored in compressed form on boot device 3 [Fig. 12,
`
`13:55-65]. When a functional module of OS main body module 8 is loaded into
`
`memory 2 it is decompressed by the OS loading and decompression module 50
`
`[Fig 13, Fig. 14 step ST182, 14:6-12, 14:28-37]. One of ordinary skill in the art
`
`would have understood that because the OS loading and decompression program
`
`50 is decompressing the compressed data held in memory 2 that it is accessing
`
`that memory (i.e. the “second memory”) because in order to process information
`
`it must be accessed. This is basic computer engineering. Thus, one of ordinary
`
`skill in the art would have understood that the system of Settsu performs the step
`
`of “accessing the preloaded portion of the operating system from the second
`
`memory in the compressed form”.
`
`
`
`49. Therefore, one of ordinary skill in the art would have understood that Settsu
`
`alone or in combination with Zwiegincew disclosed all the aspects of element
`
`174.4.
`
`
`
`[174.5] decompressing the accessed portion of the operating system to
`
`provide a decompressed portion of the operating system.
`
`
`
`25
`
`

`

`50. In Settsu’s fourth embodiment compressed information stored in memory 2 is
`
`
`
`accessed and decompressed by OS loading and decompression module 50 [Fig.
`
`13, 14 step ST182, 14:6-12, 14:28-37]. One of ordinary skill in the art would
`
`have understood that the OS main body module 8 is in compressed for

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