MANAGING AND IMPROVING NETWORK RESOURCE UTILIZATION,
`
`PERFORMANCE AND OPTIMIZING TRAFFIC IN WIRE LINE AND WIRELESS
`
`NETWORKS WITH MOBILE CLIENTS
`
`In the art today there are performance-enhancing proxies, general standards for
`
`improvements of TCP performance in wired and wireless networks, content optimize
`
`some of which use clients and some of which are clientless. Many of these can look at
`
`network performance to enhance the optimization they provide. Many of these can have
`
`a client or operate clientless. Almost all, if not all, are focused on optimization based on
`
`only a one-sided view of the networks connected to such a platform — either outbound
`
`wired, inbound/outbound wireless or based solely on the cooperation with a client.
`
`Embodiments of the present invention provide a unique system that optimizes all
`
`aspects of the connection with wired and wireless through a complete view of activity
`
`including loading, current application needs on a client, controlling the type of access
`
`(push vs. pull or hybrid), location, concentration of users in a single area, time of day,
`
`and using this information to shape traffic to a cooperative client/server or
`
`simultaneously mobile devices without a cooperative client. Because the server is not
`
`tied to any specific network provider it has visibility into the network performance
`
`across all service providers enables optimizations to be applied to devices regardless of
`
`the operator or service provider enhancing the user experience and managing network
`
`utilization while roaming. Bandwidth has been considered the major issue in wireless
`
`networks today. More and more research has been done related to the need for
`
`additional bandwidth to solve access problems — many of the performance enhancing
`
`solutions and next generation standards, such as LTE and WiMAX are focused
`
`providing increased bandwidth. However, history has proven that this simply doesn't
`
`solve the problem. The problem is lack of bandwidth on the signaling channel more so
`
`than the data channel.
`
`Page 1 of 49
`
`GOOGLE EXHIBIT 1008
`
`

`

`Embodiments of the present invention align requests from multiple applications to
`
`minimize the need for several polling request; leverage specific content types to
`
`determine how to proxy/manage a connection/content; and apply specific heuristics
`
`associated with both device and network parameters.
`
`Embodiments of the present invention move recurring http polls done by various
`
`widgets, RSS readers etc. to a fixed internet (NOC), thus considerably lowering device
`
`battery and bandwidth usage. Additionally, embodiments of the present invention do
`
`this transparently so that existing applications do not need to be changed. This can be
`
`done by implementing a local proxy on the device which automatically detects recurring
`
`requests for the same content (RSS feed, Widget data set) that matches a specific rule
`
`(e.g. happens every 15 minutes) and automatically delegates the polling to the server.
`
`The server would then notify the mobile proxy if the content changes and if content has
`
`not changed the proxy provides the latest version in its cache (without need to utilize
`
`the radio at all). This way the handset does not need to open up or use data connection
`
`if the request is for content that we monitor and that our service has not flagged as
`
`new/changed.
`
`The logic for automatically adding URL's/content to be monitored can check for various
`
`things like -how often the content is the same, -how often the same request is made (is
`
`there a fixed interval/pattern) -which application is requesting the data. Similar rules to
`
`skip using the cache and request the data from the original source may also be used. For
`
`example, when the request comes at unscheduled/expected time (user initiated check),
`
`or after every n consecutive times the response has been provided from the cache etc.
`
`As more and more mobile applications base their features on easily available resources
`
`in the network this becomes increasingly important. Embodiments of the present
`
`invention also remove unnecessary chatter from the airwaves benefitting the operators
`
`trying to optimize the wireless spectrum usage.
`
`Page 2 of 49
`
`

`

`The present invention includes a distributed proxy for network traffic optimization. The
`
`main components include a proxy client running on a device, a proxy server running in
`
`the network, and an internal protocol between the proxy client and the proxy server.
`
`The proxy client includes connection management functionality, application protocol
`
`logic modules, a local database, and an interface to retrieve information on device
`
`properties (information on e.g. battery level, whether the device is being actively used or
`
`not, registered network). The proxy servers includes connection management
`
`functionality, application protocol logic modules, a connection and content metadata
`
`database, and a device information database.
`
`In general operation, the proxy client is art application independent proxy that 3rd party
`
`applications can use to open any TCP connection to any host. The proxy client will
`
`detect the type of traffic and utilize an appropriate application protocol module to
`
`process the traffic. With the chosen logic module, the proxy client may process the data
`
`locally and generate necessary talkback communication using its local database,
`
`communicate the processed data along with device properties to the proxy server using
`
`the internal protocol, modify or delay any data before sending it to the proxy server,
`
`detect usage patterns between similar connections and provide this to the proxy server
`
`as connection metadata, or any combination of the above.
`
`If the proxy server is contacted regarding processing the original connection, the proxy
`
`server will utilize art appropriate application protocol module to process the traffic.
`
`With the chosen logic module, the proxy server may contact the intended target of the
`
`connection and route the data from the proxy client to the target, generate talkback
`
`communication using its local database, modify or delay any talkback communication
`
`data based on the device properties, and based on the connection metadata, start
`
`background processing to gather data for later use with similar connections, as well as
`
`any combination of the above.
`
`Page 3 of 49
`
`

`

`Both the proxy client and the proxy server (in case involved) will continue to observe
`
`and process the data using the application protocol modules for the entire duration of
`
`the connection. After the original connection no longer exists, the proxy client and
`
`proxy server may still share information about the ceased connection and its properties
`
`for later use with similar connections. In this mode of operation, the proxy server may
`
`signal the proxy client that some data in its local database is no longer up to date.
`
`From the 3rd party applications' point of view, the proxy is transparent and no
`
`modifications are needed in the way the applications use the connections. 3rd party
`
`applications may provide additional information about the connection characteristics to
`
`the proxy client.
`
`The present invention offers benefits with respect to network usage in by serving
`
`requests from the local database, the proxy client reduces the number of requests that
`
`are done over the wireless network. Further, the proxy client and the proxy server may
`
`filter irrelevant data from the communicated data. The proxy client and the proxy
`
`server may also cumulate low priority data and send it in batches to avoid protocol
`
`overhead of sending individual data fragments. The proxy client and the proxy server
`
`may compress or transcode the traffic reducing the amount of data sent over wireless
`
`network. The signaling traffic in wireless network is reduced as the wireless network is
`
`used less often by optimizing small bursts away and the network traffic cart be
`
`synchronized among individual applications.
`
`With respect to battery life, by serving requests from the local database, the proxy client
`
`reduces the number of times the radio module is powered up. The proxy client and the
`
`proxy server may cumulate low priority data and send it in batches to minimize the time
`
`when the radio is powered up. The proxy client may synchronize the network usage by
`
`performing the batched data transfer for all connections simultaneously.
`
`Page 4 of 49
`
`

`

`The present invention may be used in the case of home screen widget polling for data
`
`using HTTP. In the normal flow of operation, the widget performs a HTTP request to
`
`the data provider server. If the data has been updated, the widget refreshes itself. The
`
`widget waits for a small period of time and starts over at the initial step. With respect to
`
`using a distributed proxy, the widget performs a HTTP request via the proxy client. The
`
`proxy client detects the connection type to be a HTTP GET request. The proxy client
`
`checks the local database for any previous information about the request.
`
`If the locally stored response is not available, the client updates all information about the
`
`request and the time it was made for later use. The client sends the request to the proxy
`
`server and the server performs the request and returns the results. The client stores
`
`information about the result and returns the result to the requestor. If the same request
`
`has occurred multiple times recently and it has often yielded same results, the client
`
`notifies the proxy server that the request should be monitored for result changes. If the
`
`request was marked for monitoring, the client will store the results into its local
`
`database. If the locally stored response is available, the client will return the response
`
`from the local database without performing communication over the wireless network.
`
`Independently of the widget or client operation, the server proxy will perform the
`
`requests marked for monitoring to see whether the response has changed. Whenever an
`
`unexpected response is received for some request, the server will notify the client that
`
`the response has changed and that the locally stored response on the client should be
`
`erased or replaced with new response. The benefit of using the distributed proxy in this
`
`case is that the wireless network is only used whenever the content for the widget has
`
`actually changed, the traffic required to check for the changes is not done over the
`
`wireless network. This reduces the amount of generated network traffic and shortens
`
`the total time and the number of times the radio module is powered up on the device
`
`thus saving battery.
`
`Page 5 of 49
`
`

`

`With respect to polling for changes in a mailbox, in the normal flow of operation, the
`
`mail client opens a connection to the mail server, the mail client authenticates with the
`
`server and queries for new email, and if new mail has arrived, a notification is shown.
`
`The mail client then closes the connection. The mail client waits for a period of time and
`
`starts over. A variation is to leave the connection open and start over at the second step
`
`after a predetermined period of time.
`
`In the context of a distributed proxy, the mail client opens a connection to the mail
`
`server via the proxy client, the proxy client detects the traffic type and the chosen
`
`application logic module simulates a mail server authentication, the proxy client looks
`
`up from the local database whether information about the particular mail connection is
`
`available. If the information is not available, the connection is routed to the proxy
`
`server, the proxy server establishes a connection to the mail server and performs
`
`authentication using the data from the mail client, the data between the mail client and
`
`the mail server is directly routed through the proxy connection, and when the mail client
`
`closes the connection, the proxy client may choose to leave the actual connection to the
`
`backend open and store information about the connection into the local database for
`
`later use if the same mail connection has been used frequently. If the information is
`
`available, the client proxy will continue to simulate mail server responses for the mail
`
`client for all queries that it has the data available. If the mail client performs any
`
`operation that cannot be simulated by the proxy client, the proxy client will route the
`
`data to the proxy server and the proxy server will pass the data to the mail server and
`
`route the data between the two. The proxy server may need to re-establish the
`
`connection to the mail server at this point. When the mail client closes the connection,
`
`the proxy client may choose to continue to store information about the connection for
`
`later use or it may request the proxy server to terminate the mail server connection and
`
`remove any information about the connection from the database.
`
`Page 6 of 49
`
`

`

`Independently of the mail client or the proxy client, the proxy server will query the mail
`
`server for any changes that the mail client has previously queried. If any information in
`
`the mail server has changed, the proxy server will notify the proxy client to stop
`
`simulating any responses based on locally cached data in order to let the mail client
`
`receive the changed data from the mail server.
`
`The present invention mitigates application protocol keep-alive traffic. Existing
`
`application protocols may provide long-lived connections that allow servers to push
`
`updated data to the client without the need of the client to periodically re-establish the
`
`connection or to periodically query for changes. However, the client needs to be sure
`
`that the connection remains usable by periodically sending some data, often called a
`
`keep-alive message, to the server and making sure the server is receiving this data.
`
`While the amount of data sent for a single keep-alive is not a lot and the keep-alive
`
`interval for an individual application is not too short, the cumulative effect of multiple
`
`applications performing this individually will amount to small pieces of data being sent
`
`very frequently. Frequently sending bursts of data in a wireless network results in high
`
`battery consumption due to the constant need of powering the radio module. Each
`
`burst will also require a significant amount of signaling traffic in a wireless network
`
`compared to the actual data being sent. By using the distributed proxy model, the proxy
`
`client can prevent the keep-alives from being sent over the network and the proxy server
`
`can generate independently the required keep-alive messages to maintain the actual
`
`backend connection.
`
`In alternative embodiments, the proxy client can be implemented directly into the
`
`TCP/IP stack of the device operating system. The proxy client can be bundled into a
`
`wireless modem to provide transparent use for the device operating system. The proxy
`
`client can also be bundled into a firewall or a router to provide transparent use for the
`
`device operating system.
`
`Page 7 of 49
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`Page 16 of 49
`
`Page 16 of 49
`
`
`

`

`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`8093665
`
`61367870
`
`International Application Number:
`
`Confirmation Number:
`
`6978
`
`Title of Invention:
`
`MANAGING AND IMPROVING NETWORK RESOURCE UTILIZATION,
`PERFORMANCE AND OPTIMIZING TRAFFIC IN WIRE LINE AND WIRELESS
`NETWORKS WITH MOBILE CLIENTS
`
`First Named Inventor/Applicant Name:
`
`Heikki Ylinen
`
`Customer Number:
`
`22830
`
`Filer:
`
`TamThanh Thi Pham/Colby Springer
`
`Filer Authorized By:
`
`TamThanh Thi Pham
`
`Attorney Docket Number:
`
`PA5309PRV
`
`Receipt Date:
`
`26-JUL-2010
`
`Filing Date:
`
`Time Stamp:
`
`Application Type:
`
`23:41:25
`
`Provisional
`
`Payment information:
`
`Submitted with Payment
`
`no
`
`File Listing:
`
`Document
`Number
`
`Document Description
`
`File Name
`
`File Size(Bytes)/
`Message Digest
`
`Multi
`Part /.zip
`
`Pages
`(if appl.)
`
`429525
`
`1
`
`Specification
`
`5309PRVSpecAsFiled.pdf
`
`no
`
`16
`
`43d40571887c8ed00ec15500965141.1433
`38911
`
`Warnings:
`
`Information:
`
`Page 17 of 49
`
`

`

`Total Files Size (in bytes) (cid:9)
`
`429525
`
`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.
`
`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
`U.S.C. 371 and other applicable requirements a Form PCT/DO/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`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
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Page 18 of 49
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`APPLICATION NUMBER
`61/367,870
`
`FILING OR 371(C) DATE
`07/26/2010
`
`22830
`CARR & FERRELL LLP
`2200 GENG ROAD
`PALO ALTO, CA 94303
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`CONFIRMATION NO. 6978
`FORMALITIES LETTER
`
`000000004289723
`
`Date Mailed: 08/09/2010
`
`NOTICE TO FILE MISSING PARTS OF PROVISIONAL APPLICATION
`
`FILED UNDER 37 CFR 1.53(c)
`
`Filing Date Granted
`
`An application number and filing date have been accorded to this provisional application. The items indicated
`below, however, are missing. Applicant is given TWO MONTHS from the date of this Notice within which to file all
`required items and pay any fees required below to avoid abandonment. Extensions of time may be obtained by
`filing a petition accompanied by the extension fee under the provisions of 37 CFR 1.136(a).
`
`• The statutory basic filing fee is missing.
`Applicant must submit $220 to complete the basic filing fee for a non-small entity. If appropriate, applicant may
`make a written assertion of entitlement to small entity status and pay the small entity filing fee (37 CFR 1.27).
`• The provisional application cover sheet under 37 CFR 1.51(c)(1), which may be an application data sheet (37
`CFR 1.76), is required identifying either city and state, or city and foreign country, of the residence of each
`inventor and the name of each inventor.
`
`The applicant needs to satisfy supplemental fees problems indicated below.
`
`The required item(s) identified below must be timely submitted to avoid abandonment:
`
`• To avoid abandonment, a surcharge (for late submission of filing fee or cover sheet) as set forth in 37 CFR
`1.16(g) of $50 for a non-small entity, must be submitted with the missing items identified in this notice.
`
`SUMMARY OF FEES DUE:
`
`Total additional fee(s) required for this application is $270 for a non-small entity
`• $220 Statutory basic filing fee.
`• $50 Surcharge.
`
`page 1 of 2
`
`Page 19 of 49
`
`(cid:9)
`(cid:9)
`(cid:9)
`

`

`Replies should be mailed to:
`
`Mail Stop Missing Parts
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`
`Registered users of EFS-Web may alternatively submit their reply to this notice via EFS-Web.
`https://sportal.uspto.gov/authenticate/AuthenticateUserLocalEPF.html
`
`For more information about EFS-Web please call the USPTO Electronic Business Center at 1-866-217-9197 or
`visit our website at http://www.uspto.gov/ebc.
`
`If you are not using EFS-Web to submit your reply, you must include a copy of this notice.
`
`/mkanno/
`
`Office of Data Management, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`page 2 of 2
`
`Page 20 of 49
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`I
`
`
`AP PLICATION
`NUMBER
`61/367,870
`
`G or (cid:9)
`FILIN
` DATE
`371(c)
`07/26/2010
`
`I G
` I
`
`
`UNIT IT (cid:9)
`
`FIL FEE RECD
`0.00
`
`I
`
`22830
`CARR & FERRELL LLP
`2200 GENG ROAD
`PALO ALTO, CA 94303
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O.Box 1450
`Alexandria, VirgLnia 22313-1450
`www.uspto.gov
`
`ATTY.DOCKET.NO (cid:9)
`
`ITOT CLAIMS I IND CLAIMS
`
`CONFIRMATION NO. 6978
`FILING RECEIPT
`Illoyoulilicill11011!0111111111111
`
`Date Mailed: 08/09/2010
`
`Receipt is acknowledged of this provisional patent application. It will not be examined for patentability and will
`become abandoned not later than twelve months after its filing date. Any correspondence concerning the application
`must include the following identification information: the U.S. APPLICATION NUMBER, FILING DATE, NAME OF
`APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection. Please verify
`the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please submit
`a written request for a Filing Receipt Correction. Please provide a copy of this Filing Receipt with the
`changes noted thereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processes the reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`Applicant(s)
`Power of Attorney: None
`
`If Required, Foreign Filing License Granted: 08/04/2010
`The country code and number of your priority application, to be used for filing abroad under the Paris Convention,
`is US 61/367,870
`Projected Publication Date: None, application is not eligible for pre-grant publication
`Non-Publication Request: No
`Early Publication Request: No
`Title
`
`MANAGING AND IMPROVING NETWORK RESOURCE UTILIZATION, PERFORMANCE AND
`OPTIMIZING TRAFFIC IN WIRE LINE AND WIRELESS NETWORKS WITH MOBILE CLIENTS
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies the filing
`of patent applications on the same invention in member countries, but does not result in a grant of "an international
`patent" and does not eliminate the need of applicants to file additional documents and fees in countries where patent
`protection is desired.
`
`page 1 of 3
`
`Page 21 of 49
`
`(cid:9)
`(cid:9)
`

`

`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordance with its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. The filing of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance as to the status of applicant's license for foreign filing.
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents" (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlines for filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual p