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`Paper No. 25
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`INTEL CORP., and
`CAVIUM, INC.,
`Petitioner,
`
`v.
`
`ALACRITECH, INC.,
`Patent Owner
`____________
`
`Case IPR2017-014061
`U.S. Patent No. 7,673,072
`____________
`
`PATENT OWNER’S CONTINGENT MOTION TO AMEND
`UNDER 37 C.F.R. § 42.121
`
`
`1 Cavium, who filed a Petition in Case IPR2017-01707, has been joined as
`a petitioner in this proceeding.
`
`
`
`
`
`
`
`TABLE OF CONTENTS
`
`Page
`
`TABLE OF AUTHORITIES .......................................................................... ii
`
`LIST OF EXHIBITS ...................................................................................... iii
`
`I.
`
`II.
`
`III.
`
`INTRODUCTION .................................................................................1
`
`THE SUBSTITUTE CLAIMS DO NOT EXPAND THE
`SCOPE OF THE CLAIMS OF THE ’241 PATENT ............................2
`
`PO PROPOSES A REASONABLE NUMBER OF
`SUBSTITUTE CLAIMS .......................................................................2
`
`IV. THE SUBSTITUTE CLAIMS DO NOT ADD NEW SUBJECT
`MATTER ...............................................................................................3
`
`A. Original Application ....................................................................3
`
`B.
`
`Earlier-Filed Applications ...........................................................3
`
`V.
`
`THE PROPOSED SUBSTITUTE CLAIMS RESPOND TO
`(AND OVERCOME) THE GROUNDS OF RECORD ........................4
`
`A.
`
`B.
`
`Substitute independent claims 22, 30, and 36 are
`patentable over the cited art. .......................................................4
`
`Substitute dependent claims 23-29, 31-35, and 37-42 are
`patentable over the cited art. .......................................................5
`
`VI. CONCLUSION .....................................................................................5
`
`APPENDIX A .................................................................................................. i
`
`APPENDIX B ............................................................................................... vii
`
`APPENDIX C .............................................................................................. xiii
`
`
`
`i
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`
`
`
`
`TABLE OF AUTHORITIES
`
`Cases
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`Page
`
`Aqua Products, Inc. v. Joseph Matal et al.,
`Case No. 2015-1177 (Fed. Cir. Oct. 4, 2017) ......................................... 1, 4
`
`Corning Optical Comm’n RF, LLC v. PPC Broadband, Inc.,
`IPR2014-00441, Paper, (PTAB Oct. 30, 2014) ........................................ 3
`
`Statutory Authorities
`
`35 U.S.C. § 316(d) .......................................................................................... 1
`
`35 U.S.C. § 316(d)(1)(B) ............................................................................ 2, 3
`
`35 U.S.C. § 316(d)(3) ..................................................................................... 2
`
`35 U.S.C. § 316(e) .......................................................................................... 4
`
`Rules and Regulations
`
`37 C.F.R. § 41.121(a)(2)(ii) ............................................................................ 2
`
`37 C.F.R. § 42.121 .......................................................................................... 1
`
`37 C.F.R. § 42.121(a)(2) ................................................................................. 4
`
`37 C.F.R. § 42.121(a)(3) ............................................................................. 2, 3
`
`37 C.F.R. § 42.121(b)(1)................................................................................. 3
`
`37 C.F.R. § 42.121(b)(2)................................................................................. 3
`
`
`
`
`
`
`
`
`ii
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`
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`LIST OF EXHIBITS
`
`Exhibit #
`
`Description
`
`Ex. 2019
`
`U.S. Prov. App. No. 60/061,809
`
`Ex. 2024
`
`U.S. Pat. App. No. 11/821,820
`
`iii
`
`
`
`
`
`I.
`
`INTRODUCTION
`
`Pursuant to 35 U.S.C. § 316(d) and 37 C.F.R. § 42.121, Patent Owner
`
`Alacritech, Inc. (“PO”) submits this contingent motion to substitute proposed
`
`claims 22-42 for original claims 1-21 (collectively, the “Challenged Claims”) of
`
`U.S. Patent No. 7,673,072 (“the ’072 Patent”) should any of the Challenged Claims
`
`be found unpatentable. Patent Owner has conferred with the Board prior to filing
`
`this motion, as required by 37 C.F.R. § 42.121, and Board authorized the filing of
`
`this motion on January 24, 2018 in email and in an Order Conduct of Proceedings
`
`entered January 25, 2018. See Paper 22.
`
`In Aqua Products, Inc. v. Joseph Matal et al., Case No. 2015-1177 (Fed. Cir.
`
`Oct. 4, 2017) (en banc), the Federal Circuit held that the burden of persuasion to
`
`establish that proposed amendments are patentable no longer rests with the patent
`
`owner. Id. at 5-6. Instead, it is the petitioner’s burden to prove unpatentability of
`
`the proposed amendments. Id. In a motion to amend, a patent owner need only
`
`satisfy its burden of production under 35 U.S.C. § 316(d) and 37 C.F.R. § 42.121.
`
`As explained below, the proposed substitute claims satisfy the requisite
`
`showing for a motion to amend. They (1) “do not impermissibly enlarge the scope
`
`of the claims”; (2) present a “reasonable number of substitute claims”; (3) “do not
`
`introduce new subject matter”; and (4) “respond to a ground of unpatentability in
`
`the trial.” PO has thus met its burden of production. Accordingly, should any of
`
`
`
`
`
`
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`the Challenged Claims be determined to be unpatentable, PO respectfully requests
`
`that the ’036 Patent be amended to include the corresponding substitute claim(s).
`
`II. THE SUBSTITUTE CLAIMS DO NOT EXPAND THE SCOPE OF
`THE CLAIMS OF THE ’241 PATENT
`
`35 U.S.C. § 316(d)(3) and 37 C.F.R. § 41.121(a)(2)(ii) require that an
`
`amendment not “enlarge the scope of the claims of the patent . . . .” Here, the
`
`proposed substitute claims narrow—not broaden—the original claims.
`
`Substitute independent claims 22, 30, and 36 include all of the original
`
`features of original independent claims 1, 9, and 15. With respect to independent
`
`claims 1, 9, and 15, PO has clarified in proposed independent claims 22, 30, and 36
`
`to include additional limitations—namely, the context includes “a media access
`
`control (MAC) layer address, an Internet Protocol (IP) address and Transmission
`
`Control Protocol (TCP) state information.” Proposed dependent claims 23-29, 31-
`
`35, and 37-42 are identical to dependent claims 2-8, 10-14, and 16-21. The
`
`proposed claims 23-29, 31-35, and 37-42 are, thus, narrower than the original,
`
`granted versions of those claims.
`
`III. PO PROPOSES A REASONABLE NUMBER OF SUBSTITUTE
`CLAIMS
`
`35 U.S.C. § 316(d)(1)(B) and 37 C.F.R. § 42.121(a)(3) require that, for each
`
`challenged claim, PO “propose a reasonable number of substitute claims.” There
`
`exists a “presumption . . . that only one substitute claim would be needed to replace
`
`
`
`2
`
`
`
`
`
`each challenged claim.” See 37 C.F.R. § 42.121(a)(3); 35 U.S.C. § 316(d)(1)(B);
`
`Corning Optical Comm’n RF, LLC v. PPC Broadband, Inc., IPR2014-00441,
`
`Paper 19 at 3 (PTAB Oct. 30, 2014) (“The presumption is that only one substitute
`
`claim is needed for each original patent claim.”). Here, that is exactly what PO
`
`proposes—PO presents only one substitute claim for each challenged claim.
`
`Accordingly, PO presents a reasonable number of substitute claims.
`
`IV. THE SUBSTITUTE CLAIMS DO NOT ADD NEW SUBJECT
`MATTER
`
`A. Original Application
`
`The chart included in Appendix A indicates where support can be found for
`
`the substitute claims from the original disclosure of the ’072 Patent—from U.S.
`
`App. No. 11/821,820 (“the ’820 Application”) (Exhibit 2024). 37 C.F.R. §
`
`42.121(b)(1).2
`
`B.
`
`Earlier-Filed Applications
`
`The ’072 Patent claim priority to U.S. Prov. App. No. 60/061,809, filed on Oct.
`
`14, 1997. “Support in an earlier-filed disclosure” for which “benefit of the filing
`
`2 A full claim listing is provided in Appendix C. The Board’s Order of the
`
`Conduct of the Proceedings expressly permitted PO to identify support for the
`
`substituted claims in an appendix, and that such appendix would not be counted
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`toward the 12-page limit on PO’s opening brief. Paper 22 at 4 n.2 (“Such appendix
`
`shall not count against the page limit for the Motion To Amend.”).
`
`
`
`3
`
`
`
`
`
`date of the earlier filed disclosure is sought” is shown in the chart included as
`
`Appendix B. 37 C.F.R. § 42.121(b)(2).
`
`V. THE PROPOSED SUBSTITUTE CLAIMS RESPOND TO (AND
`OVERCOME) THE GROUNDS OF RECORD3
`
`The proposed substitute claims also satisfy the last requirement for a motion to
`
`amend—they “respond to a ground of unpatentability involved in the trial.” 37
`
`C.F.R. § 42.121(a)(2). In view of Aqua Products, the burden of establishing the
`
`unpatentability of the amended claims has been placed on Petitioner. Aqua
`
`Products, slip op. at *5-6. Nevertheless, PO’s claim amendments overcome the
`
`asserted grounds of unpatentability.
`
`A.
`
`Substitute independent claims 22, 30, and 36 are patentable over
`the cited art.
`
`Erickson and Tanenbaum, alone or in combination, fail to disclose that
`
`context information including a media access control (MAC) layer address, an
`
`Internet Protocol (IP) address and Transmission Control Protocol (TCP) state
`
`
`3 Patent Owner reserves its right to argue the patentability of the proposed claims
`
`for any other reason or over any other additional prior art that Petitioner may assert
`
`in its Opposition to this Motion to Amend. Moreover, to the extent the Board
`
`issues a precedential opinion or other guidance for patent owners on filing Motions
`
`to Amend, Patent Owner reserves its rights under the Aqua Products case and 35
`
`U.S.C. § 316(e) to address that opinion or guidance.
`
`
`
`4
`
`
`
`
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`information is transferred to an interface device being used to create headers for
`
`segments. Erickson does not disclose or suggest that any Transmission Control
`
`Protocol (TCP) state information is transferred to the adapter. Similarly, in both
`
`fast path instances in Tanenbaum (transmit and receive), there is no separate
`
`processor on the network interface card that receives a media access control
`
`(MAC) layer address, an Internet Protocol (IP) address and Transmission Control
`
`Protocol (TCP) state information and create headers based on them. Indeed,
`
`Tanenbaum teaches away from performing any TCP/IP protocol processing by
`
`anything other than the host CPU. See Ex. 1006.588–.589
`
`B.
`
`Substitute dependent claims 23-29, 31-35, and 37-42 are
`patentable over the cited art.
`
`Dependent claims 23-29, 31-35, and 37-42 depend either directly or
`
`indirectly upon substitute claims 22, 30, and 36, therefore, overcome the cited prior
`
`art for the same reasons discussed above.
`
`VI. CONCLUSION
`
`Accordingly, should any of claims 1-21 be determined to be unpatentable,
`
`PO respectfully requests that the Board grant this contingent motion such that the
`
`’072 Patent be amended to include the corresponding substitute claim(s) 22-42.
`
`
`
`Date: January 29, 2018
`
` Respectfully submitted,
`
`
`
`
`5
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`
`
`By: /s/ James M. Glass, Reg. No. 46,729
`
` James M. Glass (Reg. No. 46,729)
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`51 Madison Avenue, 22nd Floor
`New York, NY 10010
`Tel: (212) 849-7000
`Fax: (212) 849-7100
`
`Email: jimglass@quinnemanuel.com
`
`
`Lead Attorney for Patent Owner –
`Alacritech, Inc.
`
`6
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`
`
`APPENDIX A
`
`Claims
`
`Proposed Claim 22
`
`122. A method comprising:
`
`establishing, at a host computer, a transport layer
`connection, including creating a context that
`includes a media access control (MAC) layer
`address, an Internet Protocol (IP) address and
`Transmission Control Protocol (TCP) state
`information protocol header information for the
`connection;
`
`transferring the context protocol header information
`to an interface device;
`
`
`transferring data from the network host to the
`interface device, after transferring the context
`protocol header information to the interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`
`creating headers for the segments, by the interface
`device, from a template header containing the
`protocol header information including IP address
`and TCP state information; and
`
`prepending the headers to the segments to form
`transmit packets.
`
`
`Exemplary Support in the
`’820 Application
`
`See below.
`
`See, e.g., Ex. 2019 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 1.
`
`
`Proposed Claim 23
`23. The method of claim 22 1, further comprising
`transferring status information for the context to the
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`
`
`
`i
`
`
`
`
`
`interface device during the same operation as
`transferring protocol header information to the
`interface device.
`
`
`Proposed Claim 24
`24. The method of claim 22 1, wherein creating
`headers for the segments includes adding status
`information to the template header.
`
`
`Proposed Claim 25
`25. The method of claim 22 1, wherein the protocol
`header information includes Internet Protocol (IP)
`addresses and Transmission Control Protocol
`(TCP) ports for the connection, and creating
`headers for the segments includes forming headers
`containing the IP addresses and TCP ports.
`
`
`Proposed Claim 26
`26. The method of claim 22 1, wherein the protocol
`header information includes a Media Access
`Control (MAC) layer address, and creating headers
`for the segments includes forming headers
`containing the MAC layer address.
`Proposed Claim 27
`27. The method of claim 22 1, further comprising
`adding to the context a descriptor for a buffer, in a
`memory of the computer, that has been allocated
`for application data.
`
`
`Proposed Claim 28
`28. The method of claim 22 1, further comprising
`receiving, by the interface device, receive packets
`that correspond to the context, and updating the
`context by the interface device to account for the
`receive packets.
`
`
`Proposed Claim 29
`29. The method of claim 22 1, further comprising
`transmitting the transmit packets on a network.
`
`and 5-12, Pages 7-8, 10-17,
`Cl. 2.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 3.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 4.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 5.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`5-12 and 25, Pages 7-8, 10-
`17, and 63-66 Cl. 6.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 7.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`
`
`
`ii
`
`
`
`
`
`
`
`30. A method comprising:
`
`
`Proposed Claim 30
`
`creating, at a computer, a context including
`protocol information and status information for a
`network connection, the protocol information
`providing a template header for the network
`connection and including a media access control
`(MAC) layer address, an Internet Protocol (IP)
`address and Transmission Control Protocol (TCP)
`state information ;
`
`transferring the protocol information and status
`information to an interface device;
`
`
`transferring data from the computer to the interface
`device, after transferring the protocol information
`and status information to the interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`
`creating headers for the segments, by the interface
`device, from the template header;
`
`
`prepending the headers to the segments to form
`packets; and
`
`
`transmitting the packets on a network.
`
`
`
`
`iii
`
`and 5-12, Pages 7-8, 10-17,
`Cl. 8.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 9.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`
`
`
`
`
`Proposed Claim 31
`31. The method of claim 30 9, wherein creating
`headers for the segments includes adding current
`status information to the template header, the
`current status information being different than the
`status information that was transferred to the
`interface device.
`
`
`Proposed Claim 32
`32. The method of claim 30 9, wherein the protocol
`header information includes Internet Protocol (IP)
`addresses and Transmission Control Protocol
`(TCP) ports for the connection, and creating
`headers for the segments includes forming headers
`containing the IP addresses and TCP ports.
`
`
`Proposed Claim 33
`33. The method of claim 30 9, wherein the protocol
`header information includes a Media Access
`Control (MAC) layer address, and creating headers
`for the segments includes forming headers
`containing the MAC layer address.
`
`
`Proposed Claim 34
`34. The method of claim 30 9, further comprising
`transferring to the interface device a descriptor for a
`buffer, in a memory of the computer, that has been
`allocated for application data that is transferred
`according to the protocol information.
`
`
`Proposed Claim 35
`35. The method of claim 30 9, further comprising
`receiving, by the interface device, receive packets
`that correspond to the protocol information, and
`updating the status information by the interface
`device to account for the receive packets.
`
`
`Proposed Claim 36
`
`
`
`iv
`
`Cl. 9.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 10.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 11.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 12.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`5-12 and 25, Pages 7-8, 10-
`17, and 63-66. Cl. 13.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 14.
`
`
`
`
`
`36. A method comprising:
`
`
`establishing, at a computer, a Transmission Control
`Protocol (TCP) connection corresponding to a
`context that includes status information and Internet
`Protocol (IP) addresses and TCP ports a media
`access control (MAC) layer address for the
`connection;
`
`transferring the context to an interface device;
`
`
`transferring data from the network host to the
`interface device, after transferring the context to the
`interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`
`creating headers for the segments, by the interface
`device, from a template header that includes the IP
`addresses and TCP ports; and
`
`prepending the headers to the segments to form
`transmit packets.
`
`Proposed Claim 37
`37. The method of claim 36 15, wherein
`transferring the context to the interface device
`occurs prior to transferring the data to the interface
`device.
`
`
`Proposed Claim 38
`38. The method of claim 36 15, wherein creating
`
`
`
`v
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 15.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 16.
`
`See, e.g., Ex. 2024 at
`
`
`
`
`
`headers for the segments includes adding current
`status information to the template header, the
`current status information being different than the
`status information that was transferred to the
`interface device.
`
`
`Proposed Claim 39
`39. The method of claim 36 15, wherein the
`template header includes a Media Access Control
`(MAC) layer address, and creating headers for the
`segments includes forming headers containing the
`MAC layer address.
`
`
`Proposed Claim 40
`40. The method of claim 36 15, wherein the context
`includes a Media Access Control (MAC) layer
`address, and creating headers for the segments
`includes forming headers containing the MAC layer
`address.
`
`
`Proposed Claim 41
`41. The method of claim 36 15, further comprising
`adding to the context a descriptor for a buffer, in a
`memory of the computer, that has been allocated
`for application data.
`
`
`Proposed Claim 42
`42. The method of claim 36 15, further comprising
`receiving, by the interface device, receive packets
`that correspond to the context, and updating the
`status information by the interface device to
`account for the receive packets.
`
`
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 17.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 18.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 19.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`5-12, and 25, Pages 7-8, 10-
`17, and 63-66. Cl. 20.
`
`See, e.g., Ex. 2024 at
`Abstract, Figs. 1-3, 4A-4D,
`and 5-12, Pages 7-8, 10-17,
`Cl. 21.
`
`
`
`
`
`
`
`
`
`vi
`
`
`
`
`
`APPENDIX B
`
`Claims
`
`Proposed Claim 22
`
`122. A method comprising:
`
`establishing, at a host computer, a transport layer
`connection, including creating a context that
`includes a media access control (MAC) layer
`address, an Internet Protocol (IP) address and
`Transmission Control Protocol (TCP) state
`information protocol header information for the
`connection;
`
`transferring the context protocol header information
`to an interface device;
`
`transferring data from the network host to the
`interface device, after transferring the context
`protocol header information to the interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`creating headers for the segments, by the interface
`device, from a template header containing the
`protocol header information including IP address
`and TCP state information; and
`
`prepending the headers to the segments to form
`transmit packets.
`
`
`Proposed Claim 23
`23. The method of claim 22 1, further comprising
`transferring status information for the context to the
`interface device during the same operation as
`transferring protocol header information to the
`interface device.
`
`
`
`
`vii
`
`Exemplary Support in the
`’809 Application
`
`See below.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at § 3.2.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2, 3.2 and
`4.6.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at § 3.2.
`
`
`
`
`
`Proposed Claim 24
`24. The method of claim 22 1, wherein creating
`headers for the segments includes adding status
`information to the template header.
`
`
`Proposed Claim 25
`25. The method of claim 22 1, wherein the protocol
`header information includes Internet Protocol (IP)
`addresses and Transmission Control Protocol
`(TCP) ports for the connection, and creating
`headers for the segments includes forming headers
`containing the IP addresses and TCP ports.
`
`
`Proposed Claim 26
`26. The method of claim 22 1, wherein the protocol
`header information includes a Media Access
`Control (MAC) layer address, and creating headers
`for the segments includes forming headers
`containing the MAC layer address.
`Proposed Claim 27
`27. The method of claim 22 1, further comprising
`adding to the context a descriptor for a buffer, in a
`memory of the computer, that has been allocated
`for application data.
`
`
`Proposed Claim 28
`28. The method of claim 22 1, further comprising
`receiving, by the interface device, receive packets
`that correspond to the context, and updating the
`context by the interface device to account for the
`receive packets.
`
`
`Proposed Claim 29
`29. The method of claim 22 1, further comprising
`transmitting the transmit packets on a network.
`
`
`Proposed Claim 30
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2, 3.2 and
`4.6.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4, 3.1 and
`5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.2.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`30. A method comprising:
`
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`
`
`viii
`
`
`
`
`
`creating, at a computer, a context including
`protocol information and status information for a
`network connection, the protocol information
`providing a template header for the network
`connection and including a media access control
`(MAC) layer address, an Internet Protocol (IP)
`address and Transmission Control Protocol (TCP)
`state information ;
`
`transferring the protocol information and status
`information to an interface device;
`
`
`transferring data from the computer to the interface
`device, after transferring the protocol information
`and status information to the interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`creating headers for the segments, by the interface
`device, from the template header;
`
`prepending the headers to the segments to form
`packets; and
`
`transmitting the packets on a network.
`
`
`Proposed Claim 31
`31. The method of claim 30 9, wherein creating
`headers for the segments includes adding current
`status information to the template header, the
`current status information being different than the
`status information that was transferred to the
`interface device.
`
`
`Proposed Claim 32
`32. The method of claim 30 9, wherein the protocol
`header information includes Internet Protocol (IP)
`
`
`
`ix
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2, 2.4and
`5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at § 3.2.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2, 3.2 and
`4.6.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`
`
`
`
`addresses and Transmission Control Protocol
`(TCP) ports for the connection, and creating
`headers for the segments includes forming headers
`containing the IP addresses and TCP ports.
`
`
`Proposed Claim 33
`33. The method of claim 30 9, wherein the protocol
`header information includes a Media Access
`Control (MAC) layer address, and creating headers
`for the segments includes forming headers
`containing the MAC layer address.
`
`
`Proposed Claim 34
`34. The method of claim 30 9, further comprising
`transferring to the interface device a descriptor for a
`buffer, in a memory of the computer, that has been
`allocated for application data that is transferred
`according to the protocol information.
`
`
`Proposed Claim 35
`35. The method of claim 30 9, further comprising
`receiving, by the interface device, receive packets
`that correspond to the protocol information, and
`updating the status information by the interface
`device to account for the receive packets.
`
`
`Proposed Claim 36
`
`36. A method comprising:
`
`establishing, at a computer, a Transmission Control
`Protocol (TCP) connection corresponding to a
`context that includes status information and Internet
`Protocol (IP) addresses and TCP ports a media
`access control (MAC) layer address for the
`connection;
`
`transferring the context to an interface device;
`
`transferring data from the network host to the
`
`
`
`x
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4, 3.1 and
`5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.2.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.2, 2.4 and
`5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at § 3.2.
`See, e.g., Ex. 2019 at § 2.1;
`
`
`
`
`
`interface device, after transferring the context to the
`interface device;
`
`dividing, by the interface device, the data into
`segments;
`
`creating headers for the segments, by the interface
`device, from a template header that includes the IP
`addresses and TCP ports; and
`
`prepending the headers to the segments to form
`transmit packets.
`
`Proposed Claim 37
`37. The method of claim 36 15, wherein
`transferring the context to the interface device
`occurs prior to transferring the data to the interface
`device.
`
`
`Proposed Claim 38
`38. The method of claim 36 15, wherein creating
`headers for the segments includes adding current
`status information to the template header, the
`current status information being different than the
`status information that was transferred to the
`interface device.
`
`
`Proposed Claim 39
`39. The method of claim 36 15, wherein the
`template header includes a Media Access Control
`(MAC) layer address, and creating headers for the
`segments includes forming headers containing the
`MAC layer address.
`
`
`Proposed Claim 40
`40. The method of claim 36 15, wherein the context
`includes a Media Access Control (MAC) layer
`address, and creating headers for the segments
`includes forming headers containing the MAC layer
`address.
`
`
`
`xi
`
`see also id. at § 3.2.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.3.
`
`
`
`
`
`
`
`Proposed Claim 41
`41. The method of claim 36 15, further comprising
`adding to the context a descriptor for a buffer, in a
`memory of the computer, that has been allocated
`for application data.
`
`
`Proposed Claim 42
`42. The method of claim 36 15, further comprising
`receiving, by the interface device, receive packets
`that correspond to the context, and updating the
`status information by the interface device to
`account for the receive packets.
`
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4, 3.1 and
`5.3.
`
`See, e.g., Ex. 2019 at § 2.1;
`see also id. at §§ 2.4 and 5.2.
`
`
`
`
`
`
`
`
`
`xii
`
`
`
`
`
`
`
`APPENDIX C
`
`CLAIM LISTING
`
`
`22. (proposed substitute for claim 1) A method comprising:
`
`establishing, at a host computer, a transport layer connection, including
`
`creating a context that includes a media access control (MAC) layer address,
`
`an Internet Protocol (IP) address and Transmission Control Protocol (TCP)
`
`state information protocol header information for the connection;
`
`transferring the context protocol header information to an interface device;
`
`transferring data from the network host to the interface device, after
`
`transferring the context protocol header information to the interface device;
`
`dividing, by the interface device, the data into segments;
`
`creating headers for the segments, by the interface device, from a template
`
`header containing the protocol header information including IP address and
`
`TCP state information; and
`
`prepending the headers to the segments to form transmit packets.
`
`23. (proposed substitute for claim 2) The method of claim 22 1, further
`
`comprising
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