Attorney’s Docket No.: 123205-198706
`IPN POO1C2
`
`Patent
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`In re Application for:
`
`Burkeetal.
`
`Examiner: TBD
`
`Art Unit: TBD
`
`Application No.: Not yet assigned
`
`Filed: July 22, 2014
`
`For:
`
`SYSTEM FOR REGULATING
`ACCESS TO AND
`DISTRIBUTING CONTENTIN A
`NETWORK
`
`
`Mail Stop Amendment
`Commissionerfor 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 ofthis paper.
`
`Amendments to Claims begin on page3 ofthis paper.
`
`Remarks/Arguments begin on page 11 of this paper.
`
`DISH, Exh.1005, p.0001
`
`DISH, Exh.1005, p.0001
`
`

`

`AMENDMENTS TO THE SPECIFICATION
`
`Please add this paragraph starting on page 2, before the paragraphentitled
`
`“Technical Field”.
`
`This application is a continuation of U.S. Patent Application 13/369,174, filed
`
`February 8, 2012 and entitled “SYSTEM FOR REGULATING ACCESS TO AND
`
`DISTRIBUTING CONTENTIN A NETWORK,” now U.S. Patent 8,799,468, which 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,” now U.S. Patent 8,122,128, which claimsthe benefit of
`
`U.S. Provisional Application No. 60/523,057 filed November18, 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 the preceding
`
`enumerated provisional and non-provisional applications are hereby incorporated in their
`
`entirety.
`
`DISH, Exh.1005, p.0002
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`DISH, Exh.1005, p.0002
`
`

`

`AMENDMENTS TO THE CLAIMS
`
`Thislisting of claims will replace all prior versions, andlistings, of claims in the
`
`application:
`
`LISTING OF THE CLAIMS:
`
`1.
`
`(Original) A system for regulating access to a network, the system
`
`comprising:
`
`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 processorselectively
`
`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 1 wherein:
`
`-3-
`
`DISH, Exh.1005, p.0003
`
`DISH, Exh.1005, p.0003
`
`

`

`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 processorinspecting 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 accessto a first group of
`
`network servers.
`
`DISH, Exh.1005, p.0004
`
`DISH, Exh.1005, p.0004
`
`

`

`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 networkserverofthe first group of network servers.
`
`10.
`
`(Original) The system of claim 8, wherein the gateway units comprise a
`
`second processor configuredto:
`
`detect a network access request designating a networkservera first group of
`
`network servers; and
`
`re-direct the access request to a second group of networkservers 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 includinga file identifier; and
`
`the system comprisesa plurality of gateway units associated with a user file
`
`system, the gateway units comprising a second processorto detectafile in a userfile
`
`system correspondingto the file identifier.
`
`12.
`
`(Original) The system of claim 11, wherein the gateway units are operable
`
`between an active state and an inactivestate.
`
`13.
`
`(Original) The system of claim 12, wherein the second processors notify a
`
`controller node if the associated gateway unit enters an inactivestate.
`
`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.
`
`DISH, Exh.1005, p.0005
`
`DISH, Exh.1005, p.0005
`
`

`

`16.
`
`(Original) The system of claim 11, wherein the gateway units notify a
`
`controller nodeif a file correspondingto thefile 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 unitnotifies 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 secondprocessorprevents 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 processorthat 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 copyrightregistry.
`
`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 processorselects
`
`the predetermined network site from a list of predetermined network sites received via
`
`DISH, Exh.1005, p.0006
`
`DISH, Exh.1005, p.0006
`
`

`

`the controller instructions.
`
`25.
`
`(Original) The system of claim 24, wherein the second processorselects
`
`the predetermined network site according to a weighting function suchthatat 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 uservia 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 uservia 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 receivedvia at least one of
`
`the second network interface and the userinterface.
`
`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 paymentcredits 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 modesfor viewing the pay-per-view advertising in response to a
`
`user selection.
`
`DISH, Exh.1005, p.0007
`
`DISH, Exh.1005, p.0007
`
`

`

`31.
`
`(Original) The system of claim 1, wherein the gateway units receive
`
`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 processordetects 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 describingat 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 attemptto at least one of transmit and receive voicetraffic; 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 videotraffic; 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
`
`DISH, Exh.1005, p.0008
`
`DISH, Exh.1005, p.0008
`
`

`

`the user interface, an advertisement offering at least one of audio and videotraffic
`
`services.
`
`39.
`
`(Original) The system of claim 1, wherein the gateway units:
`
`detect at least one of audio and videotraffic 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 comprisesat least oneof:
`
`reducing a duty cycle, inserting TCP/IP messagesin the at least one of audio and
`
`videotraffic, inserting Nak/Ackpairs in the at least one of audio and videotraffic, and
`
`inserting X-On/X-Offpairs in the at least one of audio and videotraffic.
`
`40.
`
`(Original) The system of claim 1, further comprising a plurality of
`
`access nodes, wherein the controller node comprisesa 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.
`
`4l.
`
`(Original) The system of claim 1, wherein the gateway units comprise
`
`data storage units partitioned into a network portion and a userportion, andat 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.
`
`DISH, Exh.1005, p.0009
`
`DISH, Exh.1005, p.0009
`
`

`

`42.
`
`(Original) The system of claim 1, wherein the second processor in at least
`
`a first one of the gateway units selectively forwards content data received from at least a
`
`second oneof 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 processorin at least
`
`a first one of the gateway units:
`
`receives portions of a content data file from a group of gateway units in
`
`accordancewith 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-
`
`DISH, Exh.1005, p.0010
`
`DISH, Exh.1005, p.0010
`
`

`

`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 Examineris
`
`kindly requested to contact the undersigned at the direct numberlisted below. For any
`
`shortage or excess of fees in connection with filing this paper, the Commissioneris
`
`authorized to charge or credit Deposit Account No. 500393.
`
`Dated:_July 22, 2014
`
`Respectfully submitted,
`Schwabe, Williamson & Wyatt, P.C.
`
`/Al AuYeung/
`Al AuYeung
`Direct: (206) 381-8819
`Fax 206-292-0460
`
`-ll-
`
`DISH, Exh.1005, p.0011
`
`DISH, Exh.1005, p.0011
`
`

`

`Electronic AcknowledgementReceipt
`
`19653005
`
`14338240
`
`Application Number:
`
`International Application Number:
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENTIN A
`NETWORK
`
`Utility under 35 USC 111)
`
`First Named Inventor/Applicant Name:
`
`Robert M. Burke,II
`
`Customer Number:
`
`60172
`
`Aloysius T.C. Auyeung/Melee Christopherson
`
`Filer Authorized By:
`
`Aloysius T.C. Auyeung
`
`Attorney Docket Number:
`
`123205-198706
`
`Receipt Date:
`
`22-JUL-2014
`
`Filing Date:
`
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`19:29:30
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`Number Message Digest|Part/.zip|P (if appl.)
`1024264
`
`DISH, Exh.1005, p.0012
`
`Application Data Sheet
`
`BC_P001C2_ADS.pdf
`
`106721 cOdaee7250f4218c0828c61 eba2a4d
`
`Information:
`
`DISH, Exh.1005, p.0012
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`

`

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`4414113
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`DISH, Exh.1005, p.0013
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`DISH, Exh.1005, p.0013
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`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
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`10989023
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`2008:Sf:t&h.1005, p.0016
`
`
`
`DISH, Exh.1005, p.0016
`
`

`

`PTO/SB/14 (11-08)
`Approved for use through 01/31/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Underthe Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`Attorney Docket Number|123205-198706
`
`
`Application Data Sheet 37 CFR 1.76
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`
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`
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
`Title of Invention
`
`
`Application Number
`
`Prior Application Status|Expired
`
`
`Application Number
`Continuity Type
`Prior Application Number
`Filing Date (YYYY-MM-DD}
`
`
`10989023
`non provisional of
`60563064
`2004-04-16
`
`
`Prior Application Status|Expired
`
`
`Application Number
`Continuity Type
`Prior Application Number
`Filing Date (YYYY-MM-DD}
`
`
`10989023
`non provisional of
`60538370
`2004-01-22
`
`
`Prior Application Status|Expired
`
`
`Application Number
`Continuity Type
`Prior Application Number
`Filing Date (YYYY-MM-DD}
`
`
`
`
`
`
`
`
`10989023
`
`non provisional of
`
`60523057
`
`2003-11-18
`
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`DISH, Exh.1005, p.0017
`
`

`

`PTO/SB/14 (11-08)
`Approved for use through 01/31/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Underthe Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Attorney Docket Number|123205-198706
`
`
`
`
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
`Title of Invention
`
`
` Application Data Sheet 37 CFR 1.76
`
`Application Number
`
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`EFS Web 2.2.2
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`DISH, Exh.1005, p.0018
`
`DISH, Exh.1005, p.0018
`
`

`

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`DISH, Exh.1005, p.0019
`
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`EFS Web 2.2.2
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`DISH, Exh.1005, p.0019
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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
`
`DISH, Exh.1005, p.0020
`
`DISH, Exh.1005, p.0020
`
`

`

`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 contentefficiently while protecting the digital rights
`
`associated with the content.
`
`Background
`
`[002] The network commonly knownasthe 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, broadbanddata, real-time audio and voice
`
`applications, and software to subscribers. To accomplish these purposes, the Internet
`
`is composed of several componentsincluding, 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, telephoneline carriers, enterprise data centers,
`
`and cable television providers. Subscriber terminals are located at subscriber premises
`
`andinclude, for example, personal computers, televisions configured with modems, a
`
`combination of both, or any other combination of consumerelectronics 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 Internetis fully effective at delivering contentefficiently and rapidly,
`
`while also protecting the rights of the owners of content, tha