Attorney's Docket No.: 123205-184578
`IPNPOOlC
`
`Patent
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application for:
`
`Burke et al.
`
`Examiner: TBD
`
`Art Unit: TBD
`
`Application No.: Not yet assigned
`
`Filed: February 8, 2012
`
`For:
`
`SYSTEM FOR REGULATING
`ACCESS TO AND
`DISTRIBUTING CONTENT IN A
`NETWORK
`
`Mail Stop Amendment
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`PRELIMINARY AMENDMENT
`
`Please enter this amendment before considering the captioned application.
`
`Amendments to Specification begin on page 2 of this paper.
`
`Amendments to Claims begin on page 3 of this paper.
`
`Remarks/ Arguments begin on page 11 of this paper.
`
`Unified Patents Ex. 1008, pg. 1
`
`
`IPNPOOlC
`
`Patent
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application for:
`
`Burke et al.
`
`Examiner: TBD
`
`Art Unit: TBD
`
`Application No.: Not yet assigned
`
`Filed: February 8, 2012
`
`For:
`
`SYSTEM FOR REGULATING
`ACCESS TO AND
`DISTRIBUTING CONTENT IN A
`NETWORK
`
`Mail Stop Amendment
`Commissioner for Patents
`PO Box 1450
`Alexandria, VA 22313-1450
`
`PRELIMINARY AMENDMENT
`
`Please enter this amendment before considering the captioned application.
`
`Amendments to Specification begin on page 2 of this paper.
`
`Amendments to Claims begin on page 3 of this paper.
`
`Remarks/ Arguments begin on page 11 of this paper.
`
`Unified Patents Ex. 1008, pg. 1
`
`
`
`AMENDMENTS TO THE SPECIFICATION
`
`Please add this paragraph starting on page 2, before the paragraph entitled
`
`"Technical Field".
`
`This application is a continuation of U.S. Patent Application 10/989,023, filed
`
`November 16, 2004 and entitled "SYSTEM FOR REGULATING ACCESS TO AND
`
`DISTRIBUTING CONTENT IN A NETWORK," which claims the benefit of U.S.
`
`Provisional Application No. 60/523,057 filed November 18, 2003, U.S. Provisional
`
`Application No. 60/538,370 filed January 22, 2004, and U.S. Provisional Application No.
`
`60/563,064 filed April 16, 2004, the entire content and disclosures of which are hereby
`
`incorporated in their entirety.
`
`- 2 -
`
`Unified Patents Ex. 1008, pg. 2
`
`
`
`AMENDMENTS TO THE CLAIMS
`
`This listing of claims will replace all prior versions, and listings, of claims in the
`
`application:
`
`LISTING OF THE CLAIMS:
`
`1.
`
`(Original) A system for regulating access to a network, the system
`
`compnsmg:
`
`a controller node coupled to the network, the controller node comprising:
`
`a first processor for generating controller instructions, and
`
`a first network interface for transmitting the controller instructions over
`
`the network; and
`
`a plurality of gateway units, the gateway units comprising:
`
`a user interface receiving user-entered network access
`
`requests;
`
`a second network interface coupled to the network and
`
`receiving the controller instructions from the network; and
`
`a second processor, the second processor selectively
`
`transmitting at least some of the network access requests over the
`
`service provider network in accordance with the controller
`
`instructions, and transferring received content data responsive to the
`
`transmitted network access requests over the service provider network
`
`via the second network interface.
`
`2.
`
`(Original) The system of claim I wherein:
`
`- 3 -
`
`Unified Patents Ex. 1008, pg. 3
`
`
`
`the gateway units further comprise a storage device for storing instructions;
`
`the gateway units further comprise an identifier uniquely associating the gateway
`
`units with a user; and the storage device is operable to store user-specific information.
`
`3.
`
`(Original) The system of claim 1, wherein:
`
`the gateway units comprise a user interface receiving requests to transmit data;
`
`and
`
`the gateway units comprise a second processor inspecting the data to selectively
`
`transfer the data in accordance with the controller instructions.
`
`4.
`
`(Original) The system of claim 1, wherein:
`
`the gateway units comprise a user interface receiving requests
`
`to receive data; and
`
`the gateway units comprise a second processor inspecting the data to selectively
`
`transfer the data in accordance with the controller instructions.
`
`5.
`
`(Original) The system of claim 1, wherein the first processor generates
`
`the controller instructions automatically.
`
`6.
`
`(Original) The system of claim 1, wherein the first processor generates the
`
`controller instructions in response to an operator-entered request.
`
`7.
`
`(Original) The system of claim 1, wherein the controller nodes comprise a
`
`first processor generating the controller instructions by operator-controlled network
`
`crawling.
`
`8.
`
`(Original) The system of claim 1, wherein the controller nodes comprise a
`
`first processor generating the controller instructions to deny user access to a first group of
`
`network servers.
`
`- 4 -
`
`Unified Patents Ex. 1008, pg. 4
`
`
`
`9.
`
`(Original) The system of claim 8, wherein the gateway units comprise a
`
`second processor to generate a notification to a controller node if a network access
`
`request designates a network server of the first group of network servers.
`
`10.
`
`(Original) The system of claim 8, wherein the gateway units comprise a
`
`second processor configured to:
`
`detect a network access request designating a network server a first group of
`
`network servers; and
`
`re-direct the access request to a second group of network servers in accordance
`
`with the controller instructions.
`
`11.
`
`(Original) The system of claim 1, wherein:
`
`the controller nodes comprise a first processor generating the controller
`
`instructions, the controller instructions including a file identifier; and
`
`the system comprises a plurality of gateway units associated with a user file
`
`system, the gateway units comprising a second processor to detect a file in a user file
`
`system corresponding to the file identifier.
`
`12.
`
`(Original) The system of claim 11, wherein the gateway units are operable
`
`between an active state and an inactive state.
`
`13.
`
`(Original) The system of claim 12, wherein the second processors notify a
`
`controller node if the associated gateway unit enters an inactive state.
`
`14.
`
`(Original) The system of claim 12, wherein the second processors delete
`
`the detected files from a user file system in accordance with the controller instructions.
`
`15.
`
`(Original) The system of claim 14, wherein the second processors delete
`
`the detected files from a user file system during the inactive state.
`
`- 5 -
`
`Unified Patents Ex. 1008, pg. 5
`
`
`
`16.
`
`(Original) The system of claim 11, wherein the gateway units notify a
`
`controller node if a file corresponding to the file identifier is detected.
`
`17.
`
`(Original) The system of claim 1, wherein the gateway units comprise:
`
`a housing; and
`
`a detector for detecting an attempt to open the housing.
`
`18.
`
`(Original) The system of claim 17, wherein the gateway unit notifies the
`
`controller node of a detected attempt to open the housing after a user-initiated event.
`
`19.
`
`(Original) The system of claim 17, wherein the gateway units comprise a
`
`storage device and the second processor prevents access to the storage device when the
`
`detector detects an attempt to open the housing.
`
`20.
`
`(Original) The system of claim 1, wherein the gateway units comprise a
`
`second processor that enters a user-controlled operational mode after receiving
`
`permission from the controller node.
`
`21.
`
`(Original) The system of claim 1, wherein the controller node comprises a
`
`copyright registry for tracking copyright status of content data files distributed to gateway
`
`units in the system.
`
`22.
`
`(Original) The system of claim 21, wherein the user interface receives
`
`registrations of the content data files for transmission to the copyright registry.
`
`23.
`
`(Original) The system of claim 1, wherein the second processor causes the
`
`gateway unit to access a predetermined network site upon initiation of network browser
`
`software, in accordance with the controller instructions.
`
`24.
`
`(Original) The system of claim 23, wherein the second processor selects
`
`the predetermined network site from a list of predetermined network sites received via
`
`- 6 -
`
`Unified Patents Ex. 1008, pg. 6
`
`
`
`the controller instructions.
`
`25.
`
`(Original) The system of claim 24, wherein the second processor selects
`
`the predetermined network site according to a weighting function such that at least a
`
`portion of the predetermined network sites are selected more often than others.
`
`26.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`receive registration information from a user via the user interface; and
`
`receive initial operating parameters via the second network interface.
`
`27.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`receive registration information from a user via the user
`
`interface; and
`
`receive software updates via the second network interface.
`
`28.
`
`(Original) The system of claim 1, wherein:
`
`the gateway units transmit advertising via the user interface to a user display, the
`
`advertising being customized in accordance with information received via at least one of
`
`the second network interface and the user interface.
`
`29.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`transmit pay-per-view advertising via the user interface for selective display by a
`
`user; and
`
`generate payment credits for the user upon display of the advertising by the user.
`
`30.
`
`(Original) The system of claim 29, wherein the gateway units generate one
`
`of a plurality of viewing modes for viewing the pay-per-view advertising in response to a
`
`user selection.
`
`31.
`
`(Original) The system of claim 1, wherein the gateway units receive
`
`- 7 -
`
`Unified Patents Ex. 1008, pg. 7
`
`
`
`software via the second network interface for execution on the second processor, the
`
`software enabling at least one of a fee-based network service, network video calling, and
`
`network gaming.
`
`32.
`
`(Original) The system of claim 1, wherein the second processor detects a
`
`denial-of-service attack.
`
`33.
`
`(Original) The system of claim 32, wherein the second processor detects a
`
`denial-of-service attack initiated by a virus.
`
`34.
`
`(Original) The system of claim 1, wherein the gateway units selectively
`
`transmit to law enforcement terminals information describing at least one of incoming
`
`data and outgoing data to the gateway units.
`
`35.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`detect a user attempt to at least one of transmit and receive voice traffic; and
`
`selectively block the detected attempt in accordance with the controller
`
`instructions.
`
`36.
`
`(Original) The system of claim 35 wherein the gateway units transmit, via
`
`the user interface, an advertisement offering voice transmission services.
`
`37.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`detect a user attempt to at least one of transmit and receive at least one of audio
`
`and video traffic; and
`
`selectively block the detected attempt in accordance with the controller
`
`instructions.
`
`38.
`
`(Original) The system of claim 37, wherein the gateway units transmit, via
`
`the user interface, an advertisement offering at least one of audio and video traffic
`
`- 8 -
`
`Unified Patents Ex. 1008, pg. 8
`
`
`
`services.
`
`39.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`detect at least one of audio and video traffic flowing through the second network
`
`interface; and
`
`selectively reduce the quality of service of the at least one of audio and video
`
`traffic in accordance with the controller instructions, wherein reduction of quality of
`
`service comprises at least one of:
`
`reducing a duty cycle, inserting TCP/IP messages in the at least one of audio and
`
`video traffic, inserting N ak/ Ack pairs in the at least one of audio and video traffic, and
`
`inserting X-On/X-Off pairs in the at least one of audio and video traffic.
`
`40.
`
`(Original) The system of claim 1, further comprising a plurality of
`
`access nodes, wherein the controller node comprises a first processor for generating
`
`authorization instructions and transmitting the authorization instructions over the
`
`network to the access nodes, and the access nodes:
`
`receive the authorization instructions from the controller node; and
`
`selectively permit the gateway units to access the network in accordance
`
`with the authorization instructions.
`
`41.
`
`(Original) The system of claim 1, wherein the gateway units comprise
`
`data storage units partitioned into a network portion and a user portion, and at least one of
`
`a first group of gateway units selectively shares data stored in the network partition with
`
`at least one of a second group of gateway units, via the second network interface, in
`
`accordance with the controller instructions.
`
`42.
`
`(Original) The system of claim 1, wherein the second processor in at least
`
`- 9 -
`
`Unified Patents Ex. 1008, pg. 9
`
`
`
`a first one of the gateway units selectively forwards content data received from at least a
`
`second one of the gateway units to at least a third one of the gateway units in accordance
`
`with the controller instructions.
`
`43.
`
`(Original) The system of claim 42 wherein the second processor in at least
`
`a first one of the gateway units:
`
`receives portions of a content data file from a group of gateway units in
`
`accordance with the controller instructions; and
`
`assembles a data file based on the received portions for transmission to the user
`
`via the user interface.
`
`44.
`
`(Original) The system of claim 1, further comprising an intervention node,
`
`the intervention node comprising:
`
`an operator interface for receiving operator-entered spoofing attack instructions;
`
`and
`
`a third network interface for transmitting at least one substitute file pointer to
`
`addresses in the network in accordance with the spoofing attack instructions.
`
`45-115 (Canceled)
`
`- 10 -
`
`Unified Patents Ex. 1008, pg. 10
`
`
`
`REMARKS
`
`Claims 1-44 remain pending. Claims 45-115 are canceled herein. No new claims
`
`are added. It is respectfully submitted that all claims are fully supported by the original
`
`disclosure as originally filed and no new matter has been added.
`
`If the Examiner has any questions concerning the present paper, the Examiner is
`
`kindly requested to contact the undersigned at the direct number listed below. For any
`
`shortage or excess of fees in connection with filing this paper, the Commissioner is
`
`authorized to charge or credit Deposit Account No. 500393.
`
`Dated: 2/8/12
`
`Respectfully submitted,
`Schwabe, Williamson & Wyatt, P.C.
`
`/Linda S. Zachariah/
`Linda S. Zachariah
`Direct: (206) 407-1561
`Fax 206-292-0460
`
`- 11 -
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`Unified Patents Ex. 1008, pg. 11
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`
`
`Electronic Acknowledgement Receipt
`
`EFSID:
`
`Application Number:
`
`12030720
`
`13369174
`
`International Application Number:
`
`Confirmation Number:
`
`2066
`
`Title of Invention:
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A
`NETWORK
`
`First Named Inventor/Applicant Name:
`
`Robert M. Burke II
`
`Customer Number:
`
`60172
`
`Filer:
`
`Linda S. Zachariah/Allyson Dahmen
`
`Filer Authorized By:
`
`Linda S. Zachariah
`
`Attorney Docket Number:
`
`123205-184578
`
`Receipt Date:
`
`08-FEB-2012
`
`Filing Date:
`
`Time Stamp:
`
`18:50:38
`
`Application Type:
`
`Utility under 35 USC 111 (a)
`
`Payment information:
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`Submitted with Payment
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`I no
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`File Listing:
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`Document
`Number
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`Document Description
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`File Name
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`File Size( Bytes)/
`Message Digest
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`Multi
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`Unified Patents Ex. 1008, pg. 12
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`Document Description
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`Start
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`Abstract
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`Unified Patents Ex. 1008, pg. 13
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`
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
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`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
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`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
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`
`Unified Patents Ex. 1008, pg. 14
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`
`
`UNITED STATES PATENT APPLICATION
`
`FOR
`
`SYSTEM FOR REGULATING ACCESS TO AND
`
`DISTRIBUTING CONTENT IN A NETWORK
`
`BY
`
`ROBERT M. BURKE, II
`
`AND
`
`DAVID Z. CARMAN
`
`Unified Patents Ex. 1008, pg. 15
`
`
`
`Attorney Docket No.: 09635.0001
`
`Technical Field
`
`DESCRIPTION
`
`[001] This invention is in general related to regulation of access to a network
`
`and, more particularly, to distributing content efficiently while protecting the digital rights
`
`associated with the content.
`
`Background
`
`[002] The network commonly known as the Internet, or any similar private or
`
`managed network, provides a convenient medium for the delivery of electronic data or
`
`content such as music, video, games, broadband data, real-time audio and voice
`
`applications, and software to subscribers. To accomplish these purposes, the Internet
`
`is composed of several components including, for example, content providers for
`
`generating content; service providers for delivering content; subscriber terminals for
`
`receiving, displaying and playing content; and various additional network elements
`
`between service providers and subscribers for aiding in the distribution of the content.
`
`Service providers include, for example, telephone line carriers, enterprise data centers,
`
`and cable television providers. Subscriber terminals are located at subscriber premises
`
`and include, for example, personal computers, televisions configured with modems, a
`
`combination of both, or any other combination of consumer electronics capable of
`
`presenting electronic content to a subscriber.
`
`[003]
`
`Interest in providing delivery of content via the Internet has remained high
`
`throughout the growth of the Internet. Several problems have yet to be overcome,
`
`however, before the Internet is fully effective at delivering content efficiently and rapidly,
`
`while also protecting the rights of the owners of content, that is, the owners of
`
`2
`
`Unified Patents Ex. 1008, pg. 16
`
`
`
`Attorney Docket No.: 09635.0001
`
`intellectual property. Techniques for protecting this intellectual property are often
`
`referred to as Digital Rights Management (ORM). Recent music industry lawsuits over
`
`the distribution of pirated music are evidence of the difficulties not yet solved by current
`
`ORM techniques.
`
`[004] Service providers and content providers need the assurance that the
`
`intellectual property (music, video, games, software, etc.) will be secure from illegal
`
`downloading and transmission over the Internet, a major source of lost revenues and
`
`the basis for hundreds of lawsuits. Service providers want this feature to halt the legal
`
`onslaught launched by music companies and to encourage the motion picture industry
`
`to license their content for distribution over the otherwise unsecured Internet. The
`
`motion picture industry is understandably reluctant, having seen the negative impact
`
`that piracy has already had on the Music Recording Industry. Content providers thus
`
`demand this feature to stop the illegal downloading and transmission of intellectual
`
`property over the Internet which has cost the music and movie industries billions of
`
`dollars annually. Techniques that reduce the strain on a content provider's resources
`
`and reduce the high volumes of network data traffic are also desirable in order to
`
`improve the speed and efficiency of accessing content in a network.
`
`[005] Another difficult problem that remains to be solved is providing a means
`
`for law enforcement agencies to execute warrants to wire-tap Internet communications
`
`such as email and real-time audio and video communications. A solution to this
`
`problem is especially desirable considering the importance of thwarting terrorist attacks.
`
`The Patriot Act and other recently passed legislation indicate the desirability and
`
`importance of providing such capabilities to law enforcement bodies.
`
`3
`
`Unified Patents Ex. 1008, pg. 17
`
`
`
`Attorney Docket No.: 09635.0001
`
`[006]
`
`It is therefore desirable to provide.new access regulation and data traffic
`
`control techniques that can be made available to telephone line carriers, ISPs,
`
`enterprises, cable television companies, for their Internet access networks. In addition,
`
`it is desirable to provide a means for law enforcement bodies to combat the prevalent
`
`use of Internet communications in planning illegal operations. In particular, it is
`
`desirable to meet these needs using the service provider's existing distribution network.
`
`SUMMARY
`
`[007] Consistent with the invention, there is provided a system for regulating
`
`access to a network. The system comprises a controller node coupled to the network,
`
`the controller node comprising a first processor for generating controller instructions and
`
`a first network interface for transmitting the controller instructions over the network. The
`
`system also comprises a plurality of gateway units, the gateway units comprising a user
`
`interface receiving user-entered network access requests, a second network interface
`
`coupled to the network and receiving the controller instructions from the network and a
`
`second processor, the second processor selectively transmitting at least some of the
`
`network access requests over the network in accordance with the controller instructions,
`
`and transferring content data responsive to the transmitted network access requests
`
`over the network via the second network interface.
`
`[008] Consistent with another aspect of the present invention, there is also
`
`provided a system for regulating access to a network that is accessed by a plurality of
`
`users. The system comprises a controller node coupled to the network, the controller
`
`node comprising a first processor for generating controller instructions and a first
`
`network interface for transmitting the controller instructions over the network. The
`
`4
`
`Unified Patents Ex. 1008, pg. 18
`
`
`
`Attorney Docket No.: 09635.0001
`
`system also comprises a plurality of network units associated with a first group of users,
`
`the network units comprising a second network interface coupled to the network and
`
`receiving the controller instructions from the network and a second processor, the
`
`second processor inhibiting access for a second group of users to content in the
`
`network in accordance with the controller instructions.
`
`[009] Consistent with yet another aspect of the present invention, there is also
`
`provided a system for distributing content over a network. The system comprises a
`
`controller node coupled to the network, the controller node comprising a first processor
`
`for generating controller instructions and a first network interface for transmitting the
`
`controller instructions over the network. The system also comprises a plurality of
`
`network units, the network units comprising a second network interface coupled to the
`
`network, the second network interface in at least a first one of the network units
`
`receiving the controller instructions from the network and receiving a portion of a
`
`content data file from at least a second one of the network units and a second
`
`processor, the second processor in the at least first one of the network units selectively
`
`forwarding the portion of the content data file received from the at least second one of
`
`the network units to at least a third one of the network units in accordance with the
`
`controller instructions.
`
`[01 O]
`
`It is to be understood that both the foregoing general description and the
`
`following detailed description are exemplary and explanatory only and are not restrictive
`
`of the invention, as claimed.
`
`5
`
`Unified Patents Ex. 1008, pg. 19
`
`
`
`Attorney Docket No.: 09635.0001
`
`[011] The accompanying drawings, which are incorporated in and constitute a
`
`part of this specification, illustrate one (several) embodiment(s) of the invention and
`
`together with the description, serve to explain the principles of the invention.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`[012] Figure 1 depicts the overall environment in which the present invention is
`
`implemented.
`
`[013] Figure 2 depicts a communication gateway consistent with the present
`
`invention.
`
`[014] Figure 3 depicts an internet control point consistent with the present
`
`invention.
`
`[015] Figure 4 depicts a network element consistent with the present invention.
`
`[016] Figure 5 is a flow chart of a method for selectively transmitting network
`
`access requests consistent with the present invention.
`
`[017] Figure 6 is a flow chart of a method for inhibiting access to content
`
`servers on a network consistent with the present invention.
`
`[018] Figure 7 is a flow chart of a method for distributing content in a network
`
`consistent with the present invention.
`
`DETAILED DESCRIPTION
`
`[019] System Architecture
`
`[020] Consistent with principles of the present invention, there is provided a
`
`system including a Service Preference Architecture (SPA). The SPA is a collection of
`
`hardware components and software routines executed by the components.
`
`Components installed at a subscriber's site may be referred to as gateway units, or
`
`6
`
`Unified Patents Ex. 1008, pg. 20
`
`
`
`Attorney Docket No.: 09635.0001
`
`more specifically, Communication Gateways (CGs). The subscribers may include
`
`residential and business subscribers. The CGs may include a data storage device such
`
`as a hard drive, and are operable between active and inactive states. CGs operate in
`
`conjunction with SPA-based Internet Service Providers (ISPs) under the control of
`
`"controller nodes," hereinafter referred to as Internet Control Points (ICPs). The ICPs
`
`are installed in an ISP's network. ICPs may be network-based routers or computers
`
`that control the operation of CGs.
`
`[021] The software routines located in CGs and ICPs provide a suite offeatures
`
`for the system. ISPs, such as telecommunication carriers, electronic data centers, and
`
`cable TV companies, may be equipped to deliver the suite of features by using a
`
`network service based system.
`
`[022]
`
`In general, the SPA uses ICPs to control subscriber access to web sites
`
`and to deliver data to subscribers. The ICPs control the processing of data sent
`
`between subscribers (e.g., client PCs or LAN servers) and the ISPs or content servers
`
`with which they are exchanging information, using the CGs. The ICPs cooperate with
`
`hardware and software of the CGs located at a subscriber's premises to provide the
`
`specific features of the system.
`
`[023] The CGs cannot be tampered with by subscribers. This is accomplished
`
`by two aspects of the CGs. First, CGs are specifically designed to permit no
`
`subscriber-initiated programming and no access to the CG hardware or software.
`
`Instead, the CGs are provided only with compiled code loaded from flash memory, a
`
`hard drive, or EEPROM. Updates to this code are obtained from ICPs and encrypted
`
`passwords are stored in hidden, undocumented locations to allow authentication of ICP
`
`7
`
`Unified Patents Ex. 1008, pg. 21
`
`
`
`Attorney Docket No.: 09635.0001
`
`presence prior to CG control program update. The passwords are changed frequently
`
`during an "idle process control" phase and tracked by an ICP.
`
`[024] The second anti-tampering aspect is the provision of a housing for the
`
`CGs and a detector consisting of a one or more "deadman" switches that are tripped
`
`upon opening the housing or removing a CG's hard drive. The circuit may be either
`
`passive or active.
`
`[025]
`
`If the detector is passive, it signals an internal controller upon re-start that
`
`it has been tripped and causes an event notification sent to an ICP upon next power-up.
`
`Upon receipt of the event notification, either the ICP initiates diagnostics and disables
`
`the CG if a software tamper has occurred, or the CG disables both its control software
`
`and its internal hard drive to prevent the hard drive from operating, until it is returned to
`
`the ISP for repair. Subscriber agreements may be used to supply a contract provision
`
`specifying that tampering voids the warranty and that the subscriber deeds a portion of
`
`the CG to the ISP and agrees to return tampered products to the ISP.
`
`[026]
`
`If the detector is active, the "deadman switch" is kept powered by, for
`
`example, battery or capacitor. The trip is used to immediately disable the controller
`
`software in the processor and the internal hard drive of the CG. Both may be reset only
`
`by the ICP, either automatically or by human intervention. These measures prevent
`
`subscribers from writing, compiling, executing. modifying, or otherwise tampering with
`
`the operating software of the CG. Second, the active mode prevents users from getting
`
`access to the content on the hard drive.
`
`[027]
`
`In addition to these tamper-proof provisions, all ICP-CG communications
`
`take place within the ISP side of the network and ICP-CG communications are secured
`
`8
`
`Unified Patents Ex. 1008, pg. 22
`
`
`
`Attorney Docket No.: 09635.0001
`
`with encryption and hashing. Furthermore, all CGs must be registered with the ISP. An
`
`ICP will not enable any service to an un-registered CG and an un-registered CG will not
`
`operate in an experimental environment at all. At the onset of power-up or transition
`
`from an inactive to an active state, the CG signals the ICP and the ICP returns an "OK"
`
`message prior to proceeding further. This transaction requires an encrypted password
`
`exchange to authorize the CG to enter an "active" state where it can play back,
`
`download or be used for anything delivering services to users. These measures ensure
`
`secure control of the data flow between both the ICP and the CG. This secure flow of
`
`data then enables ISPs to effectively and efficiently control the services provided to
`
`subscribers.
`
`[028] Reference will now be made in detail to the present embodiments
`
`(exemplary embodiments) of the invention, examples of which are illustrated in the
`
`accompanying drawings. Wherever possible, the same reference numbers will be used
`
`throughout the drawings to refer to the same or like parts.
`
`[029] Figure 1 illustrates an environment in which the invention may operate. A
`
`Service Preference Architecture (SPA) may include at least one Internet Control Point
`
`("ICP") 50 connected to a network 52. Network 52 may be, for example, the Internet, a
`
`metro area network, or a local area network, and may include a plurality of
`
`SPA-controlled network elements 54 and non-SPA-controlled network elements 55.
`
`Network elements 54, 55 may include, for example, network switches and routers.
`
`SPA-controlled network elements 54 aid in regulating access and distributing content
`
`through network 52.
`
`9
`
`Unified Patents Ex. 1008, pg. 23
`
`
`
`Attorney Docket No.: 09635.0001
`
`[030] Also connected to network 52 are content servers including at least one
`
`SPA-controlled content server 56 and a plurality of communication gateways ("CGs")
`
`58, including CGs 581' 582, .. 58n. A subscriber terminal 601, 602, .. 60n may be
`
`
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