`
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
` ____________
`
`UBISOFT, INC. AND SQUARE ENIX, INC.,
`Petitioners,
`
`v.
`
`UNILOC USA, INC. AND UNILOC LUXEMBOURG S.A.,
`Patent Owners.
`
`____________
`
`Case No. IPR2017-01839
`U.S. Patent No. 6,324,578
` ____________
`
`
`
`
`
`PETITION FOR INTER PARTES REVIEW
`
`OF U.S. PATENT NO. 6,324,578
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`B.
`
`I.
`
`II.
`
`37 C.F.R. §42.104 REQUIREMENTS ........................................................... 1
`A. Grounds for Standing (37 C.F.R. §42.104(a)) ...................................... 1
`Identification of Challenge and Relief Requested (37 C.F.R.
`B.
`§42.104(b)) ........................................................................................... 1
`1.
`Level of Ordinary Skill in the Art ............................................... 1
`2. Claim Construction ..................................................................... 2
`OVERVIEW OF THE ‘578 PATENT ......................................................... 13
`A. Description ......................................................................................... 13
`B.
`Prosecution History ............................................................................ 14
`III. THERE IS A REASONABLE LIKELIHOOD THAT THE CHALLENGED
`CLAIMS ARE UNPATENTABLE .............................................................. 15
`A. Kasso in view of JavaStation Renders Claims 1, 6-9, 11-17, 22-25,
`27-32, 37-40, 42-46 Obvious Under §103(a) ..................................... 15
`Kasso in view of JavaStation in further view of Sanders Renders
`Claims 2-5, 10, 18, 20-21, 26, 33, 35-36, 41 Obvious Under §103(a)
` ............................................................................................................ 59
`IV. MANDATORY NOTICES UNDER 37 C.F.R. §42.8(A)(1) ....................... 68
`A.
`Real Party-In-Interest and Related Matters ........................................ 68
`B.
`Lead and Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) ................. 68
`C.
`Payment of Fees Under 37 C.F.R. §42.103 ........................................ 69
`CONCLUSION ............................................................................................ 69
`V.
`CERTIFICATE OF COMPLIANCE ................................................................... 2
`
`
`
`
`
`
`
`I.
`
`37 C.F.R. §42.104 REQUIREMENTS
`A. Grounds for Standing (37 C.F.R. §42.104(a))
`Petitioners certify that U.S. Patent No. 6,324,578 (“‘578”) is available for
`
`IPR and that no Petitioner is barred or estopped. Petitioners (1) do not own the
`
`‘578; (2) have not filed a civil action challenging the validity of any claim of the
`
`‘578; and timely file this Petition (3) less than one year after service of a complaint
`
`and (4) more than nine months after the ‘578 issued.
`
`B.
`
`Identification of Challenge and Relief Requested (37 C.F.R.
`§42.104(b))
`
`Claims 1-18, 20-33, and 35-46 of the ‘578 (“the Challenged Claims”) are
`
`unpatentable and should be cancelled. 37 C.F.R. §42.104(b)(1). This review is
`
`governed by pre-AIA §§102 and 103.
`
`Claims 1, 6-9, 11-17, 22-25, 27-32, 37-40, 42-46: Obvious over Kasso [EX1002]
`
`in view of JavaStation [EX1003] under §103(a)
`
`Claims 2-5, 10, 18, 20-21, 26, 33, 35-36, 41: Obvious over Kasso in view of
`
`JavaStation in further view of Sanders [EX1004] under §103(a)
`
`
`
`Level of Ordinary Skill in the Art
`
`1.
`A person of ordinary skill in the field of computer networking at the time of
`
`the alleged invention, December 14, 1998, (“POSITA”) would have at least (1) an
`
`undergraduate degree in computer science, computer engineering, or related field
`
`or equivalent years working experience, and (2) 1-2 years’ experience in
`
`
`
` 1
`
`
`
`networking environments, including management of application programs in a
`
`network environment.
`
` EX1005, Declaration of Dr. Vijay K. Madisetti
`
`(“Madisetti”) ¶¶27-29.
`
`2.
`
`Claim Construction
`
`The ‘578 will expire December 14, 2018, within 18 months of entry of any
`
`Notice of Filing Date. 37 C.F.R. §42.100(b). Thus, the claims are construed under
`
`Phillips v. AWH Corp., 415 F.3d 1303, 1327 (Fed. Cir. 2005), and are “generally
`
`given their ordinary and customary meaning” as understood by a POSITA.
`
`Petitioners do not waive positions regarding the scope, validity, or patentability of
`
`any claim term in litigation.
`
`a. Means for Installing (Claims 16, 17, 30, 32, 45)
`
`Functions: “installing an application program having a plurality of
`
`configurable preferences and a plurality of authorized users on the server” (Claim
`
`16); “installing an application program having a plurality of configurable
`
`preferences and a plurality of authorized users on a server coupled to the network”
`
`(Claims 17, 32); “installing a second application program having a second plurality
`
`of configurable preferences and a second plurality of authorized users on the server”
`
`(Claims 30, 45). This is described at 7:55-65 by 1) placing an application CD in a
`
`drive of a server or 2) providing the application program to the server as referred to
`
`in Figs. 5-7 of U.S. Patent No. 6,510,466 (“‘466”). EX1001 7:55-65, Fig. 2 (block
`
`
`
` 2
`
`
`
`50). The ‘466 includes instructions for performing installation/configuration of
`
`application programs, including defining authorized users of such application
`
`programs. EX1006, ‘466 at 13:1-23, Fig. 5.
`
`Structure: A server (Claims 16, 17, 30) or code/software (Claims 32, 45)
`
`programmed to execute steps depicted in Fig. 5 and described at 13:1-23 of the
`
`‘466, and equivalents thereof. The ‘578 discloses that the license use management
`
`aspects of the invention are optional; thus, block 254 of Fig. 5 (inputting license
`
`policy information for an application program) is not required to perform the
`
`function. EX1001 4:62-67, 11:32-38, 4:3-5. The programming is: 1) accept
`
`definitions of the application that describe the location and description of the
`
`application (path directory and file name for the application) (EX1006, ‘466 block
`
`250, 13:2-7); 2) accept definitions of users and groups that will access the system
`
`and the specific application (block 252); 3) accept control specifications defining
`
`which user/group authorization to access the new/updated application (block 256);
`
`and 4) update a database to maintain input definitions and specifications for the
`
`new/ updated application in a format accessible to the server (block 258).
`
`b. Means for Distributing an Application Launcher Program
`(Claims 16-17, 21, 28-30, 32, 36, 43-45)
`
`Functions: “distributing an application launcher program associated with the
`
`application program to the client” (Claim 16); “distributing an application launcher
`
`program associated with the application program to a client coupled to the network”
`
`
`
` 3
`
`
`
`(Claims 17, 32); “distributing the application launcher program associated with the
`
`application program to a second client coupled to the network” (Claims 28-29, 43-
`
`44); “distributing a second application launcher program associated with the
`
`second application program to the client coupled to the network” (Claims 30, 45).
`
`Structure: A server (Claims 16, 17, 28, 29, 30) or code/software (Claims 32,
`
`43, 44, 45) programmed to distribute an application launcher program to a client
`
`and equivalents thereof. EX1001 Fig. 2 (block 52), 8:21-22; also 9:63-64, Fig. 3
`
`(block 74).
`
`Where the “means for distributing” includes “means for displaying an icon
`
`associated with the application program on a screen of the client and wherein the
`
`one of the plurality of authorized users executes the application launcher program
`
`by selecting the displayed icon,” client (Claim 21) or code/software (Claim 36) is
`
`programmed to: 1) display an icon associated with the application program on the
`
`client screen and 2) receive a selection of the displayed application launcher
`
`program icon. EX1001 10:46-11:1, Fig. 4 (blocks 92, 94).
`
`c. Means for Obtaining a User Set of Configurable Preferences
`(Claims 16-17, 27-30, 32, 42-45)
`
`Functions: “obtaining a user set of the plurality of configurable preferences
`
`from one of the plurality of authorized users executing the application launcher
`
`program” (Claims 16-17, 32); “obtaining a second user set of the plurality of
`
`configurable preferences from a second one of the plurality of authorized users
`
`
`
` 4
`
`
`
`executing the application launcher program” (Claims 27, 42); “obtaining a second
`
`user set of the second plurality of configurable preferences from one of the second
`
`plurality of authorized users executing the second application launcher program”
`
`(Claims 30, 45).
`
`Structure: A server (Claims 16, 17, 27, 30) or code/software (claims 32, 42,
`
`45) programmed to obtain preferences, which are associated with the user
`
`executing the application launcher applet at one of the client stations (8:55-60, Fig.
`
`2 (block 56)). For Claims 17, 27, 30, 32, 42, and 45, the structure additionally
`
`includes a client station (Claims 17, 27, 30) or code/software (Claims 32, 42, 45)
`
`programmed with an application launcher program to obtain preferences from the
`
`user and provide them to the server, and equivalents thereof. EX1001 Fig. 4
`
`(blocks 98, 100), 11:9-14; also 12:6-7, 11:14-22, 9:5-13, 10:16-29, Fig. 3 (blocks
`
`82, 84).
`
`Where the means for obtaining a second user set comprises “means for
`
`obtaining a second user set of the plurality of configurable preferences from a
`
`second one of the plurality of authorized users executing the application launcher
`
`program on the second client,” second client (Claim 28) or code/software (Claim
`
`43) is programmed with an application launcher program to obtain preferences
`
`from the second user and provide them to the server. Id.
`
`
`
` 5
`
`
`
`Where the means for obtaining a user set comprises “means for obtaining the
`
`user set of the plurality of configurable preferences from one of the plurality of
`
`authorized users executing the application launcher program on the second client,”
`
`second client (Claim 29) or code/software (Claim 44) is programmed with an
`
`application launcher program to obtain preferences from the user and provide them
`
`to the server. Id.
`
`d. Means for Obtaining an Administrator Set of Configurable
`Preferences (Claims 16-18, 30, 32-33, 45)
`
`Functions: “obtaining an administrator set of the plurality of configurable
`
`preferences from an administrator” (Claims 16-17, 32); “obtaining a second
`
`administrator set of the second plurality of configurable preferences from an
`
`administrator” (Claims 30, 45).
`
`Structure: A server or client (Claims 16-17, 30) or code/software (Claims 32,
`
`45) programmed to provide an interface to establish configurable preferences of
`
`the application program designated as administrator only settable to be stored at
`
`the server, and equivalents thereof. EX1001 3:55-61, 9:66-10:1, Fig. 3 (block 76);
`
`8:49-54, 8:61-9:25.
`
`Where means for obtaining an administrator set comprises “means for
`
`obtaining an administrator set of the plurality of configurable preferences from an
`
`administrator executing the configuration manager program,” server or client
`
`(Claim 18) or code/software (Claim 33) is programmed to provide a configuration
`
`
`
` 6
`
`
`
`manager program to establish configurable preferences of the application program
`
`designated as administrator only settable to be stored at the server. EX1001 8:49-
`
`54; also 8:61-9:25, 3:55-61 9:66-10:1.
`
`e. Means for Providing an Instance (Claims 16-17, 20, 22-24,
`32, 35, 37-39)
`
`Functions: “providing an instance of the application program and a stored
`
`user set and the administrator set of the plurality of configurable preferences for
`
`use in executing the application program responsive to a request from the one of
`
`the plurality of authorized users” (claims 16, 17, and 32).
`
`Structure: One or more servers (Claims 16, 17) or code/software (Claim 32)
`
`programmed to execute steps 78 and 84 of Fig. 31 and to provide an instance of the
`
`application program. The structure includes a client station (Claims 16, 17) or
`
`code/software (Claim 32) programmed to execute step 86 of Fig. 3. The servers
`
`(Claims 16, 17) or code/software (Claim 32) are programmed to: 1) receive a
`
`request to initiate execution of the application program, including an identification
`
`
`
` 1
`
` New user preference settings are not required structure for performing the
`
`claimed function. EX1001 10:16-29, Fig. 3 (blocks 80, 82). Obtaining new user
`
`preference settings are separately claimed (Elements 16(a)(iii), 16(b)(ii), 17(c),
`
`32(c)).
`
`
`
` 7
`
`
`
`of the user initiating the request; 2) obtain the correct user specified preferences
`
`from storage and provide the stored set of user and administrator preferences for
`
`the application program for the user; 3) provide instance of application program,
`
`such a Java applet accessible through a URL (EX1001 Fig. 3 (blocks 78, 84),
`
`10:6-29, 8:11-20; also 11:32-12:12, 8:35-42, 11:55-12:11, 12:31-37); and the client
`
`station (Claims 16, 17) or code/software (Claim 32) is programmed to 4) execute a
`
`selected application program using the retrieved user set and administrator set of
`
`configurable preferences. Id. Fig. 3 (block 86), 10:30-37, 11:14-16, Fig. 4 (block
`
`102).
`
`Where the means for executing the application program comprises “means
`
`for executing the application program using the obtained user set and the
`
`administrator set of the plurality of configurable preferences responsive to a
`
`request from the one of the plurality of authorized users through the application
`
`launcher program,” client station (Claim 20) or code/software (Claim 35) is
`
`programmed with an application launcher program to: 1) receive a request from a
`
`user, such as selection of a displayed icon associated with the application program;
`
`2) obtain a user identifier and provide a request for initiation of execution of the
`
`application program with the user identifier to the server; and 3) allow the selected
`
`application program to be executed using retrieved user set and administrator set of
`
`
`
` 8
`
`
`
`configurable preferences, and equivalents thereof. Id. Fig. 4 (blocks 94, 96, 102),
`
`10:58-11:21; also 10:30-37, Fig. 3.
`
`Where the means for initiating execution includes “means for retrieving the
`
`stored user set and the stored administrator set from the storage device,” one or
`
`more servers (Claim 22) or code/software (Claim 37) is programmed to obtain
`
`from memory stored user preference values associated with the authorized user as
`
`well as stored administrator values, and equivalents thereof. EX1001 10:25-29,
`
`Fig. 3 (block 84).
`
`Where the means for executing includes “means for determining if a user
`
`requesting execution of the application program is one of the plurality of
`
`authorized users,” one or more servers (Claim 23) or code/software (Claim 38) is
`
`programmed to determine if the requesting user is authorized for the application
`
`program using the identification of the user provided in the request. Id. 10:9-12,
`
`11:3-8.
`
`Where the means for initiating execution includes “means for obtaining
`
`default preference values for any of the plurality of configurable preferences which
`
`are not specified by the user set or the administrator set,” one or more servers
`
`and/or client (Claim 24) or code/software (Claim 39) is programmed to: 1)
`
`determine if default values are required to execute the application program that are
`
`not specified by the user set or the administrator set; and 2) if default values are
`
`
`
` 9
`
`
`
`required, obtain them from memory, and equivalents thereof. Id. Fig. 2 (blocks 60,
`
`62), 9:30-46; also 10:25-29, 4:57-61, Fig. 3 (block 84).
`
`f. Means for Executing (Claims 27, 30, 42, 45)
`Functions: “executing the application program using the obtained second
`
`user set and the administrator set of the plurality of configurable preferences
`
`responsive to a request from the second one of the plurality of authorized users”
`
`(Claims 27, 42); “executing the second application program using the obtained
`
`second user set and the second administrator set of the second plurality of
`
`configurable preferences responsive to a request from the one of the second
`
`plurality of authorized users” (Claims 30, 45).
`
`Structure: A client station (Claims 27, 30) or code/software (Claims 42, 45)
`
`programmed with an application launcher program to: 1) receive a request from a
`
`user, such as selection of a displayed icon associated with the application program;
`
`2) obtain a user identifier and provide a request for initiation of execution of the
`
`application program with the user identifier to the server; and 3) allow the selected
`
`application program to be executed using the retrieved user set and administrator
`
`set of configurable preferences. Id. Fig. 4 (blocks 94, 96, 102), 10:58-11:21; also
`
`10:30-37, Fig. 3.
`
`
`
` 10
`
`
`
`g. Means for Distributing a Configuration Manager Program
`(Claims 18, 33)
`
`Function: “distributing a configuration manager program associated with
`
`the application program to a second client coupled to the network.”
`
`Structure: A server (Claim 18) or code/software (Claim 33) programmed to
`
`distribute a configuration manager program to a client, and equivalents thereof.
`
`EX1001 Fig. 2 (block 54), 8:50-51; also 9:63-64, Fig. 3 (block 74).
`
`h. Means for Storing (Claims 22, 37)
`Function: “storing the obtained user set and the obtained administrator set on
`
`a storage device coupled to the server.”
`
`Structure: A storage device or database of one or more servers (Claim 22) or
`
`code/software for storing the user set and administrator set of preferences (Claim
`
`37), and equivalents thereof. EX1001 9:66-10:1, 10:19-22, 10:37-46.
`
`i. Means for Receiving (Claims 16, 31, 46)
`Functions: “receiving an application launcher program associated with the
`
`application program from the server” (Claim 16); “receiving an application
`
`launcher program associated with an application program having a plurality of
`
`configurable preferences from a server coupled to the network” (Claims 31, 46).
`
`Structure: A client (Claims 16, 31) or code/software (Claims 46)
`
`programmed to receive an application launcher program, and equivalents thereof.
`
`EX1001 Fig. 4 (block 90), 10:50-51.
`
`
`
` 11
`
`
`
`j. Means for Providing a User Set of Preferences (Claims 16,
`31, 46)
`
`Functions: “providing to the server a user set of the plurality of configurable
`
`preferences from one of the plurality of authorized users executing the application
`
`launcher program” (Claim 16); “providing a user set of the plurality of
`
`configurable preferences from one of a plurality of authorized users executing the
`
`application launcher program to the server” (Claims 31, 46).
`
`Structure: A client (Claims 16, 31) or code/software (Claims 46)
`
`programmed with an application launcher program to obtain preferences from the
`
`user and provide the obtained preferences to the server, and equivalents thereof.
`
`EX1001 Fig. 4 (blocks 98, 100), 11:9-14; also 12:6-7, 11:14-22, 9:5-13, 10:16-29,
`
`Fig. 3 (blocks 82 and 84).
`
`k. Means for Requesting (Claims 16, 31, 46)
`Functions: “requesting that the server initiate execution of the application
`
`program using the obtained user set and the administrator set of the plurality of
`
`configurable preferences responsive to a request from the one of the plurality of
`
`authorized users” (Claim 16); “requesting that the server provide an[] instance of
`
`the application program and a stored user set and an administrator set of the
`
`plurality of configurable preferences for use in executing the application program
`
`responsive to a request from the one of the plurality of authorized users” (Claims
`
`31, 46).
`
`
`
` 12
`
`
`
`Structure: A client station (Claims 16, 31) or code/software (Claims 46)
`
`programmed with an application launcher program to: 1) receive request from a
`
`user, such as selection of a displayed icon associated with the application program;
`
`and 2) obtain user identifier and provide a request for initiation of execution of the
`
`application program with the user identifier to the server. EX1001 Fig. 4 (blocks
`
`94, 96), 10:58-11:8; also 10:30-37, Fig. 3.
`
`II. OVERVIEW OF THE ‘578 PATENT
`A. Description
`The ‘578 describes management of configurable application programs on a
`
`network. EX1001 1:22-24, 3:40-45. An application program having configurable
`
`preferences and authorized users is installed on a server. Id. 4:24-26. An
`
`application launcher program associated with the application program is distributed
`
`to a client. Id. 4:26-28. A user set of preferences associated with an authorized
`
`user executing the application launcher program and an administrator set of
`
`preferences is obtained. Id. 4:28-33. The application program is then executed
`
`using obtained user set and administrator set of preferences. Id. 4:33-39. This
`
`process is generally depicted in Figures 3 and 4:
`
`
`
` 13
`
`
`
`
`
`
`
`
`
`
`
`Id. Figs. 3-4.
`
`Prosecution History
`
`B.
`The ‘578 Patent was filed 12/14/1998 with 25 claims. EX1007, ‘578 FH As-
`
`Filed Claims.
`
`
`
` 14
`
`
`
`In a telephone interview, the Examiner indicated that the claims were subject
`
`to a restriction requirement. Id. 3/6/01 Telephone Interview; 3/7/01 Amendment, p.
`
`4.
`
`Applicant elected claims 1-18 and 23-24, cancelled claims 19-22 and 25, and
`
`added new claims 26-51. Id. 3/7/01 Amendment.
`
`A Notice of Allowability issued. Id. 3/9/01 Notice of Allowability, pp. 2-3;
`
`7/2/01 Notice of Allowability, pp. 2-3. The ‘578 issued 11/27/2001.
`
`III. THERE
`IS A REASONABLE LIKELIHOOD THAT THE
`CHALLENGED CLAIMS ARE UNPATENTABLE
`
`The following prior art references disclose each limitation of the Challenged
`
`Claims. Included below are exemplary citations to the prior art references.
`
`A. Kasso in view of JavaStation Renders Claims 1, 6-9, 11-17, 22-25,
`27-32, 37-40, 42-46 Obvious Under §103(a)
`
`Kasso was filed 4/2/1997, issued 11/3/1998, and is prior art under at least
`
`§102(e). JavaStation is dated June 1997 on its face, and appears in the Internet
`
`Archive’s Wayback Machine as being publicly available online by August 1997
`
`
`
` 15
`
`
`
`(EX1003; see also EX1008, Declaration of Scott Bennett, Ph.D. (“Bennett Dec.”
`
`¶26)), and is therefore prior art under §102(b).2
`
`The ‘578 field of endeavor is “network management in general and in
`
`particular…application program management on a computer network.” EX1001
`
`1:21-21. Kasso and JavaStation are in the same field of endeavor. EX1002, Kasso
`
`1:8-11, Abstract; EX1003, JavaStation pp.27-29; EX1001 1:22-24; EX1005,
`
`Madisetti ¶37. Kasso and JavaStation are each reasonably pertinent to problems of
`
`providing configurable application program preferences settable by users and
`
`administrators, and controlling access for mobile users. EX1002, Kasso 1:8-2:56,
`
`16:7-29; EX1003, JavaStation pp.40-41, 60-61; EX1001 2:11-3:23, 3:40-45;
`
`EX1005, Madisetti ¶37. Thus, Kasso and JavaStation are analogous art to each
`
`other and to the ‘578. EX1005, Madisetti ¶37.
`
`Kasso and JavaStation both describe Sun Microsystems HotJava Views
`
`software, including Selector application launcher, and configuration of user and
`
`administrator property lists. Compare, EX1002, Kasso 5:60-6:12, 7:63-8:19,
`
`11:44-13:65, Tables 1, 2, 5, Fig. 5, with EX1003, JavaStation pp.27-49; see also
`
`
` IPR2015-01460, Paper 14, at 12 (Internet Archive printout is printed publication
`
` 2
`
`under §102(b) because it is “facially [] authentic and is authenticated further by
`
`accessing the website”); IPR2013-00465, Paper 40 at 13-16.
`
`
`
` 16
`
`
`
`EX1005, Madisetti ¶¶38-48. Adding elements from JavaStation to Kasso, which
`
`describe
`
`the same system, does not
`
`introduce additional complexity or
`
`unpredictability. EX1005, Madisetti ¶49-52. The similarities in structure, function,
`
`and purpose of the disclosed systems make it easy, and intuitive, for a POSITA to
`
`successfully combine aspects of these references with each other. Id.
`
`Claim 1. A method for management of configurable application programs on a
`network comprising the steps of:
`
`
`
`See Claim 17, Preamble.
`
`[1(a)] installing an application program having a plurality of configurable
`preferences and a plurality of authorized users on a server coupled to the
`network;
`
`
`
`See Element 17(a).
`
`[1(b)] distributing an application launcher program associated with the
`application program to a client coupled to the network;
`
`
`
`See Element 17(b).
`
`[1(c)] obtaining a user set of the plurality of configurable preferences associated
`with one of the plurality of authorized users executing the application launcher
`program;
`
`See Element 17(c).
`
`[1(d)] obtaining an administrator set of the plurality of configurable preferences
`from an administrator; and
`
`See Element 17(d).
`
`
`
`
`
` 17
`
`
`
`[1(e)] executing the application program using the obtained user set and the
`obtained administrator set of the plurality of configurable preferences responsive
`to a request from the one of the plurality of authorized users.
`
`See Kasso applied to Claim 20 in Section IV.B.
`
`Claim 6. A method according to claim 1
`
`[6(a)] wherein the step of executing is preceded by the step of storing the
`obtained user set and the obtained administrator set on a storage device coupled
`to the server and
`
`Kasso discloses storing obtained user-specific application program property
`
`list 218 (user set) and final application-specific property list 226 (administrator set).
`
`See Element 22(a). Kasso discloses that the step of executing (see Element 17(e))
`
`is preceded by the step of storing the user and administrator sets. EX1002 6:20-44,
`
`7:63-8:29, 11:44-13:65, 14:6-13.
`
`[6(b)] wherein the initiating execution step includes the step of retrieving the
`stored user set and the stored administrator set from the storage device.
`
`See Element 22(b).
`
`Claims 7-9, 11:
`
`Method claims 7-9 and 11 correspond to system claims 23-25 and 27. As
`
`discussed for the limitations of claims 23-25 and 27, Kasso in view of JavaStation
`
`teaches the corresponding limitations of claims 7-9 and 11.
`
`
`
` 18
`
`
`
`Claim 12. A method according to claim 11
`
`[12(a)] wherein the step of installing an application program is followed by the
`step of distributing the application launcher program associated with the
`application program to a second client coupled to the network and
`
`Kasso discloses distributing Selector to a second client coupled to the
`
`network. See Element 28(a). The step of installing an application program (see
`
`Element 17(a)) is followed by the step of distributing Selector – the application
`
`programs that appear in Selector for a logged-in user are dependent on an
`
`administrator first installing and configuring such application programs. EX1003,
`
`JavaStation pp.29-41; Element 17(a). As discussed in Element 17(a), it would
`
`have been obvious to combine Kasso and JavaStation and a POSITA would have
`
`been motivated to do so. EX1005, Madisetti ¶¶38-52, 54-62.
`
`[12(b)] wherein the step of obtaining a second user set comprises the step of
`obtaining a second user set of the plurality of configurable preferences from a
`second one of the plurality of authorized users executing the application
`launcher program on the second client.
`
`See Element 28(b).
`
`Claim 13. A method according to claim 1
`
`[13(a)] wherein the step of installing an application program is followed by the
`step of distributing the application launcher program associated with the
`application program to a second client coupled to the network and
`
`See Element 12(a).
`
`
`
` 19
`
`
`
`[13(b)] wherein the obtaining a user set step comprises the step of obtaining the
`user set of the plurality of configurable preferences from one of the plurality of
`authorized users executing the application launcher program on the second
`client.
`
`See Element 28(b).
`
`Claims 14-15:
`
`Method claims 14-15 correspond to system claims 30-31. As discussed for
`
`the limitations of claims 30-31, Kasso in view of JavaStation teaches claims 14-15.
`
`Claim 16. An application management system for a network including a server
`and a client,
`
`
`
`See Claim 17, Preamble.
`
`[16(a)] the server comprising:
`
`[16(a)(i)] means for installing an application program having a plurality of
`configurable preferences and a plurality of authorized users on the server;
`
`See Element 17(a).
`
`[16(a)(ii)] means for distributing an application launcher program associated
`with the application program to the client;
`
`See Element 17(b).
`
`[16(a)(iii)] means for obtaining a user set of the plurality of configurable
`preferences from one of the plurality of authorized users executing the
`application launcher program;
`
`See Element 17(c).
`
`[16(a)(iv)] means for obtaining an administrator set of the plurality of
`configurable preferences from an administrator; and
`
`See Element 17(d).
`
`
`
` 20
`
`
`
`[16(a)(v)] means for providing an instance of the application program and a
`stored user set and the administrator set of the plurality of configurable
`preferences for use in executing the application program responsive to a request
`from the one of the plurality of authorized users; and
`
`See Element 17(e).
`
`[16(b)] the client comprising:
`
`[16(b)(i)] means for receiving an application launcher program associated with
`the application program from the server;
`
`See Element 17(b). Kasso discloses a client programmed with code/software
`
`to receive Selector (application launcher) from a JavaOS Boot Server (JBS) 206.
`
`EX1002 4:54-61, 5:21-33, Fig. 2. JavaStation discloses: “The boot server and
`
`webtop server can be the same physical machine, but this is not a requirement.”
`
`EX1003 p.9.
`
`It would have been obvious to implement the boot server and webtop server
`
`of Kasso on the same physical machine as disclosed in JavaStation. EX1005,
`
`Madisetti ¶¶52-53. Kasso and JavaStation each describe implementation and
`
`configuration of the HotJava Views software and a POSITA would have been
`
`motivated to look to such documentation when implementing the system. Id.
`
`Implementing boot server and webtop server software on the same physical
`
`machine would have been well within the skill of an ordinary artisan at the time.
`
`Id. A POSITA would have also recognized that such a combination is nothing
`
`more than combining prior art elements according to known methods to yield the
`
`
`
` 21
`
`
`
`predictable result of an operable HotJava Views boot and webtop server in the
`
`same machine. Id.
`
`[16(b)(ii)] means for providing to the server a user set of the plurality of
`configurable preferences from one of the plurality of authorized users executing
`the application launcher program; and
`
`Kasso discloses providing to the remote files server 323 user property values
`
`(user set) obtained from a user that has logged into the host computer 200 and is
`
`executing Selector (authorized user executing the application launcher). See
`
`Element 17(c). As structure, Kasso discloses a client programmed with Selector to
`
`obtain preferences from the user and provide those preferences to the server. See
`
`Element 17(c).
`
`[16(b)(iii)] means for requesting that the server initiate execution of the
`application program using the obtained user set and the administrator set of the
`plurality of configurable preferences responsive to a request from the one of the
`plurality of authorized users.
`
`Kasso discloses the function and the structure for performing this function is
`
`a client programmed with Selector to: 1) receive a request from a user, such as
`
`selection of a displayed icon associated with the application program; and 2) obtain
`
`a user identifier and provide a request for initiation of execution of the application
`
`program with the user identifier to the server. See Element 17(e), structural steps 1
`
`and 2.
`
`
`
` 22
`
`
`
`Claim 17. An application management system for a network comprising:
`
`Kasso discloses a system and method for managing and configuring
`
`properties of application programs in a networked environment:
`
`“The present invention relates generally to computer systems, and more
`particularly relates to managing and configuring properties of computer
`program applications in a context-sensitive way.”
`
`EX1002 1:8-11, 4:46-53 (“A plurality of network computers 200, 202 each is
`
`coupled using a conven