FIRST NAM”) INVILN I'OR
`
`A'l’l‘ORNIL‘I’ ])()('K|L'i‘ NO.
`
`(‘ONHRMA‘I'ION NO.
`
`7101506.
`
`20]32.0005.RX50(J
`
`EXAM INI'ER
`
`LEI ING. CHRISTINA Y
`
`MAIL DATE
`
`llflfllfll 3
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`UNI] hD S 1A1 1:5 PAlel AND TRADEMARK 01+le
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Slatcs Patent and 'lhulcnlark Oflicc
`Address: (IUMMISS IUNI‘R FUR l’A'l'l LN] S
`P.() lid”. I450
`Aicxmidrin. Virginia 223137 I450
`WWWJ'ISPIQEO‘V
`
`APPLICA'J‘IUN N0.
`
`951001.926
`
`|‘|I.IE\‘(i DA | 1‘.
`
`UNDZHOIZ
`
`Efilli
`
`759i]
`
`IJIETFFPI}
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.|..(‘.
`1100 NEW YORK AVENUE, NW.
`WASHINGTON, DC 20005
`
`PTOI .—90A (Rev. 04m?)
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 001
`
`

`

`
`Control No.
`Patent Under Reexamination
`
`- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address. -
`
`'— (THIRD PARTY REQUESTER'S CORRESPONDENCE ADDRESS) —|
`
`NOVAK DRUCE + QUIGG LLP 2ND REEXAM GROUP
`1000 LOUISIANA STREET
`Fl FTY—THlFlD FLOOFI
`HOUSTON, TX 77002
`
`Transmittal of Communication to
`
`gifliL-Er26
`Third Party Requester
`$13:-
`ini‘er Partes Reexamination
`
`Christina Y. Leung
`3992
`
`PTOL-2070 (Rev. 07-04)
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark Office
`in the above-identified reexamination prceeding. 37 CFR 1.903.
`
`Prior to the filing of a Notice of Appeal, each time the patent owner responds to this communication,
`the third party requester of the inter partes reexamination may once file written comments within a
`period of 30 days from the date of service of the patent owner's response. This 30-day time period is
`statutory (35 U.S.C. 314(b)(2)), and, as such, it cannot be extended. See also 37 CFR 1.947.
`
`If an ex parte reexamination has been merged with the inter partes reexamination, no responsive
`submission by any ex parte third party requester is permitted.
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the
`Central Reexamination Unit at the mail, FAX, or hand—carry addresses given at the end of the
`communication enclosed with this transmittal.
`
`U.S. Patent and Trademark Office
`
`Paper No. 20131030
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 002
`
`

`

`
`Control No.
`Patent Under Reexamination
`
`95/001,926
`. ET AL.
`NOTICE OF [NTENT TO i'SSUE ifNTER PARTES
`Examiner
`Art Unit
`REEXAMINA TION CERTIFICA TE
`
`Christina Y. Leung
`3992
`
`1.
`
`- The MAiLiNG DA TE of this communication appears on the cover sheet with the correspondence address. --
`IE Prosecution on the merits is (or remains) closed in this interpartes reexamination proceeding. This proceeding is
`subject to reopening at the initiative of the Office or upon petition Ct. 37 CFR 1.313(a). A Certificate will be issued
`in view of:
`
`.
`by
`a. D The communication filed on
`b. El Patent owner's failure to file an appropriate timely response to the Office action
`dated
`.
`
`c.
`
`IE The failure to timely file an Appeal with fee by all parties to the reexamination proceeding entitled to do
`so. 37 CFR 1.959 and 41.61.
`
`proceeding
`
`.
`(1) Patent claimts) confirmed:
`(2) Patent claimts) amended (including dependent on amended claim(s)): 91 ,97 and 99
`(3) Patent claim(s) cancelled:
`.
`(4) Newly presented claim(s) patentable: 100-105.
`(5) Newly presented cancelled claims:
`
`(6) Patent claim(s)
`
`|:| previously El currently disclaimed:
`
`(7) Patent claim(s) not subject to reexamination: See Continuation Sheet.
`
`3E Note the attached statement of reasons for patentability andfor confirmation. Any comments considered
`necessary by patent owner regarding reasons for patentability and/or confirmation must be submitted promptly to
`avoid processing delays. Such submission(s) should be labeled: “Comments On Statement of Reasons for
`Patentability andi’or Confirmation.”
`
`d. [I The failure to timely file an Appellant's Brief with fee by all parties to the reexamination
`entitled to do so. 37 CFR 41 .66(a).
`e. E The decision on appeal by the III Board of Patent Appeals and Interferences |:| Court dated
`f.
`Other:
`2. E The Reexamination Certificate will indicate the following:
`a. Change inthe Specification: I] Yes E No
`b. Change in the Drawings: D Yes E No
`c. Status of the Claims:
`
`
`
`
`Note attached NOTICE OF REFERENCE CITED, (PTO—892).
`
`Note attached LIST OF REFERENCES CITED (PTOISBIOB or PTOJSB/OB substitute).
`
`The drawings filed on
`
`is:
`
`El approved
`
`El disapproved.
`
`Acknowledgment is made of the claim for priority under 35 use. § 119(a) - (d) or (r).
`all] All
`bll:] Some”
`c)l:I None
`of the certified copies have
`
`|:| been received.
`El not been received.
`.
`[I been filed in Application No.
`.
`[I been filed in reexamination Control No.
`I:I been received by the International Bureau in PCT Application No.
`
`* Certified copies not received:
`
`8. El Note Examiner‘s Amendment.
`
`9. D Other:
`
`All correspondence relating to this inter partes reexamination proceeding should be directed to the Central
`Reexamination Unit at the mail, FAX. or hand—carry addresses given at the end of this Office action.
`
`Part of Paper No. 20131030
`US. Patent and Trademark Office
`PTO L-2068 (07-1 0)
`NOTICE OF INTENT To ISSUE iNTER PARTES HEEXAMINAHON CER11FICATE
`
`JChristina Y. Leungl
`Primary Examiner, Art Unit 3992
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 003
`
`

`

`Control No. 951001326
`
`Continuation Sheet (PTO-2068)
`
`Continuation of (7) New claim(s) patentable: 10,12—15_18,19,24—26,28—38,40,44-68,74-78,80,83 and 92-95.
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 004
`
`

`

`Page 2
`
`STATEMENT OF REASONS FOR PATENTABILITY ANDIOR CONFIRMATION
`
`Claims 91, 97, and 99-105 of Fallon (US 7,161,506 B2) are being reexamined. Claims
`
`l—5, 8, 9, l 1, 17', 20—23, 27. 39, 43, 69—73, 79, 8] , 82, 84—90, 96, and 98 were canceled at the
`
`conclusion of previous reexamination 95/000,479. Claims 10, 12-15, 18, 19, 24-26, 28-38, 40,
`
`44—68, 74—78, 80, 83, and 92—95 are not subject to reexamination.
`
`ApplicationfCOntrol Number: 95f00| ,926
`Art Unit: 3992
`
`patentable.
`
`The Information Disclosure Statement (IDS) filed 05 September 2013 by Patent Owner is
`
`has been considered by the examiner. Examiner has considered the cited documents to the extent
`
`that the party filing the IDS has explained the content and relevance of the information
`
`provided. Information that complies with information disclosure requirements of 37 CPR. §1 .98
`
`but is in a non-English language will be considered in view of the concise explanation submitted
`
`(see MPEP §609.04(a), subsection III) and insofar as it is understood on its face (e.g., drawings
`
`and chemical formulas) in the same manner that non-English language information in Office
`
`search files is considered by examiners in conducting searches. The initials of the examiner
`
`placed adjacent to the citations on the form PTO/SB/OSA and OSB or its equivalent, without any
`
`indication to the contrary in the record, means that the information has been considered by the
`
`examiner t0 the extent noted above. See MPEP §§609.05(b), 2256, and 2656. Information that
`
`does not appear to bc “patents or printed publications” as identified in 35 U.S.C. 301 have been
`
`considered to the same extent (unless otherwise noted), but their citations have been lined
`
`through and will not be printed on any resulting examination certificate.
`
`No party has timely filed a notice of appeal in response to the Right of Appeal Notice
`
`(RAN) mailed 16 August 2013. As first noted in the RAN, claims 91, 97, and 99-105 are
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 005
`
`

`

`Application/Control Number: 95/001,926
`Art Unit: 3992
`
`Page 3
`
`The following is an examiner’s statement of reasons for patcntability and/or confirmation
`
`of the claims found patentable in this reexamination proceeding:
`
`As first noted in the RAN, Patent Owner’s arguments filed ()5 April 2013 (in view of
`
`PO’s amendment to claims 91, 97, and 99-105 also filed 05 April 2013) are generally persuasive.
`
`The prior art of record, including Sebastian (US 6,253,264 Bl), Franaszek (US 5,805,932 A),
`
`and Kawashima (US 5,870,036 A), does not specifically disclose or fairly teach a method
`
`including all of the limitations and steps recited in claims 91, 97, and 99—105, particularly
`
`including analyzing data within the data block to identify one or more data types of the data with
`
`the data block, wherein the analyzing of the data within the data block to identify one or more
`
`data types excludes analyzing based only on a descriptor that is indicative of the data type of the
`
`data within the data block.
`
`the appropriate data compression algorithm or algorithms ( in serial or in parallel) to be applied.
`
`“In another aspect, the step of analyzing the data block comprises analyzing the data
`block to recognize one of a data type, data structure, data block format, file substructure, and/or
`file types. A further step comprises maintaining an association between encoder types and data
`types, data structures, data block formats, file substructure, and/or file types.” (column 4, lines
`39-45)
`
`PO’s amendment has also overcome the previous 35 U.S.C. 112 rejections of claims 100-
`
`105 (see ACP), and Examiner finds support for amended claims 91, 97', and 99—105 in Fallon.
`
`These sections of Fallon specification describe analyzing data within the data block to identify
`
`one or more data types of the data with the data block, wherein the analyzing of the data within
`
`the data block to identify one or more data types excludes analyzing based only on a descriptor
`
`that is indicative of the data type of the data within the data block:
`
`“A content dependent data recognition module 1300 analyzes the incoming data stream to
`recognize data types, data structures, data block formats, file substructures, file types, and/or any
`other parameters that may be indicative of either the data type/content of a given data block 01'
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 006
`
`

`

`ApplicationfC0ntrol Number: 95f00| ,926
`Art Unit: 3992
`
`Page 4
`
`Optionally, a data file recognition list(s) or algorithm(s) 1310 module may be employed to hold
`and/or determine associations between recognized data parameters and appropriate algorithms.
`Each data block that is recognized by the content data compression module 1300 is routed to a
`content dependent encoder module 1320, if not the data is routed to the content independent
`cncodcr module 30.” (column 16, lines 29—42)
`
`“More specifically, a content dependent data recognition and or estimation module 1700
`is utilized to analyze the incoming data stream for recognition of data types, data structures, data
`block formats, file substructures, file types, or any other parameters that may be indicative of
`the appropriate data compression algorithm or algorithms (in serial or in parallel) to be applied.
`Optionally, a data file recognition list(s) or algorithm(s) 1710 module may be employed to hold
`associations between recognized data parameters and appropriate algorithms. If the content data
`compression module recognizes a portion of the data, that portion is routed to the content
`dependent encoder module 1320, if not the data is routed to the content independent encoder
`module 30. It is to be appreciated that process of recognition (modules 1700 and 1710) is not
`limited to a deterministic recognition, but may further comprise a probabilistic estimation of
`which encoders to select for compression from the set of encoders of the content dependent
`module 1320 or the content independent module 30. For example, a method may be employed to
`compute statistics of a data block whereby a determination that the locality of repetition of
`characters in a data stream is determined is high can suggest a text document, which may be
`beneficially compressed with a lossless dictionary type algorithm, Further the statistics of
`repeated characters and relative frequencies may suggest a specific type of dictionary algorithm.
`Long strings will require a wide dictionary file while a wide diversity of strings may suggest a
`deep dictionary. Statistics may also be utilized in algorithms such as Huffman where various
`character statistics will dictate the choice of different Huffman compression tables. This
`technique is not limited to lossless algorithms but may be widely employed with lossy
`algorithms. Header information in frames for video files can imply a specific data resolution. The
`estimator then may select the appropriate lossy compression algorithm and compression
`parameters (amount of resolution desired). As shown in previous embodiments of the present
`invention, desirability of various algorithms and now associated resolutions with lossy type
`algorithms may also be applied in the estimation selection process.” (column 23, lines 28-67)
`
`respect to determining a data type of a data block, Sebastian discloses
`
`Sebastian does not specifically disclose or fairly teach analyzing data with the data block
`
`to identify one or more data types of data within the data block, wherein the analyzing of the data
`
`within the data block to identify one or more data types excludes analyzing based only on a
`
`descriptor that is indicative of the data type of data within the data block. Specifically, with
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 007
`
`

`

`Application/Control Number: 95/001,926
`Art Unit: 3992
`
`“The selection criteria 12x, determined by the file format specification, includes
`information needed to recognize files served by the filter 10:; such as byte values at the
`beginning ofthe file or file title suffices [sic].” (column 4, lines 47-50).
`
`Although Sebastian discloses determining a data type of a data block, Sebastian
`
`specifically discloses that the data types are recognized by included information such as “byte
`
`values at the beginning of the file or file title suffi[xcs].” In other words, Sebastian discloses
`
`determining a data type based on examining a data type descriptor associated with the data block.
`
`Franaszek does not specifically disclose or fairly teach analyzing data with the data
`
`block to identify one or more data types of data within the data block, wherein the analyzing of
`
`the data within the data block to identify one or more data types excludes analyzing based only
`
`on a descriptor that is indicative of the data type of data within the data block. Specifically, with
`
`respect to determining a data type of a data block, Franaszek discloses
`
`the data within the data block to identify one or more data types excludes analyzing based only
`
`“In this embodiment, the uncompressed data blocks 210 that can optionally contain type
`information 205. The type information can be, for examples, image data encoded in a given
`format, source code for a given programming language, etc.” (column 4, lines 30—34).
`
`“In step 414, it is determined if a data type is available (i.e., the block includes a ‘data
`type” entry in the type field 205)" (column 6, lines 1—2).
`
`Although Franaszek discloses determining a data type of a data block, Franaszek
`
`specifically discloses that the data blocks “contain type information” or that the block “includes a
`
`‘data type” entry.” In other words, Franaszek discloses determining a data type based on
`
`examining a data type descriptor associated with the data block.
`
`Kawashima does not specifically disclose or fairly teach analyzing data with the data
`
`block to identify one or more data types of data within the data block, wherein the analyzing of
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 008
`
`

`

`Application/Control Number: 95/001,926
`Art Unit: 3992
`
`Page 6
`
`on a descriptor that is indicative of the data type of data within the data block. Specifically, with
`
`respect to determining a data type of a data block, Kawashima discloses
`
`“The type of data contained in the header of pre—compression data transferred from the
`data source 2 is referred to...” (column 36, lines 23—25)
`
`Although Kawashima discloses determining a data type of a data block, Kawashima
`
`discloses determining a data type based on examining a data type descriptor associated with the
`
`data block.
`
`Any comments considered necessary by the PATENT OWNER regarding the above
`
`statement must be submitted promptly to avoid processing delays. Such submission by the
`
`patent owner should be labeled: “Comments on Statement of Reasons for Patentability andfor
`
`Confirmation” and will be placed in the reexamination file.
`
`All correspondence relating to this infer partes reexamination proceeding should be
`
`“For transmitting data, it is customary to add a header containing information which
`represents the type of the data, the data length, etc. to the beginning of the data” (column 28,
`lines 52-55)
`
`Alexandria, VA 22314
`
`directed:
`
`By mail to:
`
`Mail Stop Inter Par-res Reexam
`Attn: Central Reexamination Unit
`Commissioner of Patents
`United States Patent &, Trademark Office
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`By fax to:
`
`(571) 27379900
`Central Reexamination Unit
`
`By hand to:
`
`Customer Service Window
`Randolph Building
`401 Dulany St.
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 009
`
`

`

`Unit at telephone number {571) 272—7705.
`
`lChristina Y. Leung/
`
`Primary Examiner, Art Unit 3992
`
`Conferees:
`
`fD.M.H./, PE AU3992
`
`lSudhanshu C Pathak/
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner, or as to the status of this proceeding, should be directed to the Central Reexamination
`
`Application/Control Number: 95/001,926
`Art Unit: 3992
`
`Supervisory Patent Examiner, Art Unit 3992
`
`Veritas Techs. LLC
`Exhibit 1006
`Page 010
`
`