Attomey’s Docket No.: 123205-198706
`IPN POOlC2
`
`Patent
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application for:
`
`Examiner: TBD
`
`Burke et al.
`
`Art Unit: TBD
`
`Application No.: Not yet assigned
`
`Filed: July 22, 2014
`
`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.
`
`DISH, EXh.1005, p.0001
`
`DISH, Exh.1005, p.0001
`
`

`

`AMENDMENTS TO THE SPECIFICATION
`
`Please add this paragraph starting on page 2, before the paragraph entitled
`
`“Technical Field”.
`
`This application is a continuation of US. Patent Application 13/369,174, filed
`
`February 8, 2012 and entitled “SYSTEM FOR REGULATING ACCESS TO AND
`
`DISTRIBUTING CONTENT IN A NETWORK,” now US. Patent 8,799,468, which is a
`
`continuation of US. Patent Application 10/989,023, filed November 16, 2004 and
`
`entitled “SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING
`
`CONTENT IN A NETWORK,” now US. Patent 8,122,128, which claims the benefit of
`
`US. Provisional Application No. 60/523,057 filed November 18, 2003, US. Provisional
`
`Application No. 60/538,370 filed January 22, 2004, and US. 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
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`

`

`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
`
`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 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 1 wherein:
`
`-3-
`
`DISH, EXh.1005, p.0003
`
`DISH, Exh.1005, p.0003
`
`

`

`the gateway units filrther 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.
`
`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 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
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`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.
`
`DISH, EXh.1005, p.0005
`
`DISH, Exh.1005, p.0005
`
`

`

`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 fiom 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
`
`DISH, EXh.1005, p.0006
`
`DISH, Exh.1005, p.0006
`
`

`

`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.
`
`DISH, EXh.1005, p.0007
`
`DISH, Exh.1005, p.0007
`
`

`

`3 1.
`
`(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 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
`
`DISH, EXh.1005, p.0008
`
`DISH, Exh.1005, p.0008
`
`

`

`the user interface, an advertisement offering at least one of audio and video traffic
`
`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 Nak/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, filrther 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.
`
`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 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, filrther 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 fillly 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: July 22, 2014
`
`Respectfully submitted,
`Schwabe, Williamson & Wyatt, P.C.
`
`/Al AuYeung[
`Al AuYeung
`Direct: (206) 381-8819
`Fax 206-292-0460
`
`-11-
`
`DISH, EXh.1005, p.0011
`
`DISH, Exh.1005, p.0011
`
`

`

`Electronic Acknowledgement Receipt
`
`TItIe of Inventlon:
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A
`NETWORK
`
`International Application Number: —
`
`
`
`First Named Inventor/Applicant Name:
`
`Payment information:
`
`File Listing:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`p
`
`File Size(Bytes)/
`Message Digest
`1024264
`
`Pages
`Multi
`Part /.zip (if appl.)
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`DISH, Exh.1005 p.0012
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`Application Data Sheet
`
`BC_P001C2_ADS.pdf
`
`106721 c0daee7250f421 8c0828c61 eba2a4 a
`
`Information:
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`DISH, Exh.1005, p.0012
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`

`

`BC_POO1C2_Application.pdf
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`05c6f9a971ab3252f5abfd7fcca31e0c19589
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`
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`
`Oath or Declaration filed
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`BC_POO1C2_Declaration.pdf
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`
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`
`Preliminary Amendment
`
`BC_POO1C2_Pre|iminary_Amen
`dment.pdf
`
`d1 c6b740f9c32f53df0f875cbeafcfc3ac7f39
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`DISH, EXh.1005, p.0013
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`DISH, Exh.1005, p.0013
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`

`

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`DISH, EXh.1005, p.0014
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`DISH, Exh.1005, p.0014
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`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
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`Application Data Sheet 37 CFR 1.76
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`Title of Invention
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
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`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
`Title of the Invention
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`Attorney Docket Number
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`Continuity Type
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`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/SBI14 (11-08)
`Approved for use through 0181/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
` Application Data Sheet 37 CFR 1.76
`
`
`123205498706
`
`
`
`SYSTEM FOR REGULATING ACCESS TO AND DISTRIBUTING CONTENT IN A NETWORK
`Title of Invention
`
`
`
`
`
`
`Attorney Docket Number
`
`Application Number
`
`
`
`Signature
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`lAI AuYeung/
`
`
`
`Date (YYYY- MM- DD)
`
`2014-07-22
`
`This collection of information is required by 37 CFR 1.76. The information is required to obtain or retain a benefit by the public which
`is to file (and by the USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This
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`EFS Web 2.2.2
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`DISH, EXh.1005, p.0018
`
`DISH, Exh.1005, p.0018
`
`

`

`Privacy Act Statement
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`DISH, EXh.1005, b.0019
`
`
`EFS Web 2.2.2
`
`DISH, Exh.1005, p.0019
`
`

`

`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.: 096350001
`
`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
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`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; subscriberterminals 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
`
`DISH, EXh.1005, p.0021
`
`DISH, Exh.1005, p.0021
`
`

`

`Attorney Docket No.: 096350001
`
`intellectual property. Techniques for protecting this intellectual property are often
`
`referred to as Digital Rights Management (DRM). Recent music industry lawsuits over
`
`the distribution of pirated music are evidence of the difficulties not yet solved by current
`
`DRM techniques.
`
`-.
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`[004] Service providers and content providers need the assurance that