Inter Partes Review
`U.S. Patent No. 8,886,772
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`XIAOMI COMMUNICATIONS CO., LTD.
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`Petitioner
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`v.
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`KONINKLIJKE KPN N.V.,
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`Patent Owner
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`Case IPR2022-00025
`Patent No. 8,886,772
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`PETITION FOR INTER PARTES REVIEW
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`TABLE OF CONTENTS
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`I.
`II.
`
`PRELIMINARY STATEMENT ..................................................................... 1
`THE ’772 PATENT ......................................................................................... 2
`A. Overview ............................................................................................... 2
`B.
`Prosecution History ............................................................................... 5
`III. STATEMENT OF PRECISE RELIEF REQUESTED ................................... 6
`A.
`Challenged Claims ................................................................................ 6
`B.
`Statutory Grounds.................................................................................. 6
`a.
`35 U.S.C. §325(d) is inapplicable ............................................... 7
`b.
`Discretionary denial Under 35 U.S.C. §314(a)
`is
`unwarranted ................................................................................. 8
`IV. LEVEL OF ORDINARY SKILL .................................................................... 9
`V.
`CLAIM CONSTRUCTION ............................................................................ 9
`VI. CLAIMS 1-16 ARE UNPATENTABLE OVER THE PRIOR ART ............. 9
`A. Ground 1: Claims 1-6 and 8-16 are obvious over Chatrath ................. 9
`1.
`Overview of Chatrath ................................................................. 9
`2.
`Chatrath Renders Claims 1-6 and 8-16 Obvious .....................14
`a.
`Claim 1 ............................................................................14
`b.
`Claim 2. “The system according to claim 1, wherein
`the ACSMD is further configured to receive a reply
`from the identified ACS, and relay the reply to the
`manageable electronic device.” ......................................24
`Claim 3. “The system according to claim 1, wherein
`the ACSMD is further configured to identify the
`type of the manageable electronic device by
`comparing a network address of the manageable
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`c.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`request with
`a
`the
`in
`electronic device
`predetermined plurality of network addresses in the
`at least one database.” .....................................................25
`Claim 4. “The system according to claim 3,
`[wherein] identifying the type of the manageable
`electronic device further comprises identifying a
`service provider based on the network address from
`a predetermined plurality of service provider
`identifications associated with the predetermined
`plurality of network addresses in the at least one
`database.” ........................................................................27
`Claim 5. “The system according to claim 4, wherein
`identifying the ACS from the plurality of ACSs in
`accordance with
`the
`identification of
`the
`manageable electronic device further comprises
`determining a network address of the identified
`ACS from a predetermined plurality of ACS
`network addresses in the at least one database.” ............28
`Claim 6. “The system according to claim 3, wherein
`identifying the ACS from the plurality of ACSs in
`accordance with
`the
`identification of
`the
`manageable electronic device further comprises
`determining a network address of the identified
`ACS from a predetermined plurality of ACS
`network addresses in the at least one database.” ............29
`Claim 8. “The system according to claim 1, wherein
`the manageable electronic device is localized at a
`local area network (LAN), the local network being
`coupled to the network (WAN) over a signal carrier
`selected from a group comprising digital subscriber
`line (DSL), Fiber-to-the-curb, Fiber-to-the-home,
`cable
`TV
`network,
`Powerline, wireless
`transmission.” .................................................................30
`Claim 9. “The system according to claim 1, where
`in [sic] the manageable electronic device has a
`
`d.
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`e.
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`f.
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`g.
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`h.
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`j.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`default address for obtaining configuration data, the
`default address being an address of the ACSMD.” ........31
`Claim 10 ..........................................................................32
`Claim 11. “The computer according to claim 10,
`wherein the computer is further configured to relay
`the request to the identified ACS, receive a reply
`from the identified ACS, and relay the reply to the
`manageable electronic device.” ......................................33
`Claim 12. .........................................................................33
`Claim 13. “The computer program product
`according to claim 12, wherein the computer-
`readable medium is a computer-readable memory
`stored within the computer.” ..........................................35
`m. Claim 14. “The computer program product
`according to claim 12, wherein the computer
`program product is further configured to receive a
`reply from the identified ACS, and relay the reply
`to the manageable electronic device.” ............................36
`Claim 15. .........................................................................36
`Claim 16. “The method of claim 15, further
`comprising the steps of: the ACSMD receiving a
`reply from the identified ACS, and relaying the
`reply to the manageable electronic device.” ...................37
`Ground 2: Claim 7 is obvious over Chatrath in view of Oh...............37
`1.
`Overview of Oh .........................................................................37
`2.
`Chatrath in View of Oh Renders Claim 7 Obvious .................38
`a.
`Claim 7. “The system according to claim 1, wherein
`the manageable electronic device is an interfacing
`device for coupling a local area network (LAN) into
`communication with the network (WAN).” ...................38
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`n.
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`B.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`C. Ground 3: Claims 1-6 and 8-16 are obvious over Schliserman in
`view of Tullberg ..................................................................................41
`1.
`Overview of Schliserman ..........................................................41
`2.
`Overview of Tullberg ................................................................45
`3.
`Obviousness to Combine Schliserman and Tullberg ................46
`4.
`Schliserman in view of Tullberg Renders Claims 1-6 and
`8-16 Obvious .............................................................................49
`a.
`Claim 1 ............................................................................49
`b.
`Claim 2. “The system according to claim 1, wherein
`the ACSMD is further configured to receive a reply
`from the identified ACS, and relay the reply to the
`manageable electronic device.” ......................................65
`Claim 3. “The system according to claim 1, wherein
`the ACSMD is further configured to identify the
`type of the manageable electronic device by
`comparing a network address of the manageable
`electronic device
`in
`the
`request with
`a
`predetermined plurality of network addresses in the
`at least one database.” .....................................................66
`Claim 4. “The system according to claim 3,
`[wherein] identifying the type of the manageable
`electronic device further comprises identifying a
`service provider based on the network address from
`a predetermined plurality of service provider
`identifications associated with the predetermined
`plurality of network addresses in the at least one
`database.” ........................................................................68
`Claim 5. “The system according to claim 4, wherein
`identifying the ACS from the plurality of ACSs in
`accordance with
`the
`identification of
`the
`manageable electronic device further comprises
`determining a network address of the identified
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`c.
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`d.
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`e.
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`f.
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`g.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`ACS from a predetermined plurality of ACS
`network addresses in the at least one database.” ............70
`Claim 6. “The system according to claim 3, wherein
`identifying the ACS from the plurality of ACSs in
`accordance with
`the
`identification of
`the
`manageable electronic device further comprises
`determining a network address of the identified
`ACS from a predetermined plurality of ACS
`network addresses in the at least one database.” ............71
`Claim 8. “The system according to claim 1, wherein
`the manageable electronic device is localized at a
`local area network (LAN), the local network being
`coupled to the network (WAN) over a signal carrier
`selected from a group comprising digital subscriber
`line (DSL), Fiber-to-the-curb, Fiber-to-the-home,
`cable
`TV
`network,
`Powerline, wireless
`transmission.” .................................................................72
`Claim 9. “The system according to claim 1, wherein
`the manageable electronic device has a default
`address for obtaining configuration data, the default
`address being an address of the ACSMD.” ....................74
`Claim 10 ..........................................................................75
`Claim 11. “The computer according to claim 10,
`wherein the computer is further configured to relay
`the request to the identified ACS, receive a reply
`from the identified ACS, and relay the reply to the
`manageable electronic device.” ......................................76
`Claim 12. .........................................................................76
`Claim 13. “The computer program product
`according to claim 12, wherein the computer-
`readable medium is a computer-readable memory
`stored within the computer.” ..........................................78
`m. Claim 14. “The computer program product
`according to claim 12, wherein the computer
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`U.S. Patent No. 8,886,772
`program product is further configured to receive a
`reply from the identified ACS, and relay the reply
`to the manageable electronic device.” ............................78
`Claim 15. .........................................................................79
`Claim 16. “The method of claim 15, further
`comprising the steps of: the ACSMD receiving a
`reply from the identified ACS, and relaying the
`reply to the manageable electronic device.” ...................80
`VII. MANDATORY NOTICES ...........................................................................80
`A.
`Real Parties-in-Interest ........................................................................80
`B.
`Related Matters ....................................................................................80
`C.
`Lead and Back-Up Counsel, and Service Information .......................81
`VIII. CERTIFICATION UNDER 37 C.F.R. § 42.24(d) ........................................81
`IX. GROUNDS FOR STANDING ......................................................................82
`X.
`CONCLUSION ..............................................................................................82
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`LIST OF EXHIBITS
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`Exhibit
`Ex. 1001 U.S. Patent No. 8,886,772
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`Description
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`Ex. 1002 Prosecution history of U.S. Application No. 12/512,242, which led to
`the issuance of the ’772 Patent
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`Ex. 1003 Declaration of Dr. Robert Akl
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`Ex. 1004 U.S. Patent Application Publication No. 2005/0060361 (“Chatrath”)
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`Ex. 1005 U.S. Patent Application Publication No. 2006/0172769 (“Oh”)
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`Ex. 1006
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`International Publication No. WO 2007/066318 (“Schliserman”)
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`Ex. 1007 U.S. Patent Application Publication No. 2007/0192464 (“Tullberg”)
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`Ex. 1008 Excerpts from Wireless Communications and Networking, by Vijay
`K. Garg, Morgan Kaufmann Publishers, 2007
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`I.
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`PRELIMINARY STATEMENT
`Xiaomi Communications Co., Ltd. (“Petitioner”) requests inter partes
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`review and cancellation of claims 1-16 of U.S. Patent No. 8,886,772 (Ex. 1001).
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`The ’772 patent involves managing remote devices over networks to
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`address a proper auto-configuration server without preconfiguring those devices,
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`but even during prosecution, the Office found this concept to be old. The Office
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`only allowed claims because the patentee argued that the claimed function of
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`“relaying” a request from a remote device to an auto-configuration server was
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`different from the cited prior art that taught forwarding the request, even though
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`the ’772 patent acknowledged “relay[ing] the request to the auto-configuration
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`server manager [is] known in the art.” Ex. 1001, 5:60-61. Unsurprisingly, prior art
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`references the Office did not cite taught remote-device management that relayed
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`remote-device requests to configuration servers.
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`This petition discusses two principal references that disclose most of the
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`remaining limitations of claims 1-16. One, Chatrath, U.S. Patent Application
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`Publication No. 2005/0060361 (Ex. 1004), discloses or suggests every limitation
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`of claims 1-16 except one in claim 7, which Oh, U.S. Patent Application
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`Publication No. 2006/0172769 (Ex. 1005), teaches.
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`Another primary reference, Schliserman, International Publication No.
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`WO 2007/066318 (Ex. 1006), in combination with a closely related reference,
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`Tullberg, U.S. Patent Application Publication No. 2007/0192464 (Ex. 1007),
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`teaches all the limitations of claims 1-6 and 8-16.
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`II. THE ’772 PATENT
`A. Overview
`The ’772 patent teaches coupling manageable electronic devices, or
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`Customer Premises Equipment (CPE), in a local area network (LAN) to a wide
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`area network (WAN). Ex. 1001, 1:20-45. The patent alleged that in the prior art,
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`each CPE device “must be preconfigured … to specifically address the proper
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`ACS [auto-configuration server].” Id., 1:46-53. Because such pre-configuration
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`“may be time-consuming and/or may be sensitive to errors and mistakes,” id.,
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`1:54-60, the patent seeks to determine which ACS is available for a CPE “to
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`reduce the complexity of pre-installation and installation of devices.” Id., 2:25-29.
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`FIG. 2 (below) shows an architecture for remote-device management:
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`ACS manager 25, databases 26, 27, 28, and auto-configuration servers
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`ACS1, ACS2, ACS3 are in a WAN, with ACS manager 25 controlling access to
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`ACS1, ACS2, ACS3 by CPEs in a LAN. Id., 4:5-13, 4:66-5:14.
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`FIG. 3b (below) shows a flow diagram for remote-device management:
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`In action 101, ACS manager 25 receives from a CPE a request including an
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`IP address and type or function information of the CPE and possibly the CPE’s
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`manufacturer or supplier information. Id., 6:3-9.
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`In action 102, ACS manager 25 compares the CPE’s IP address in the
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`request with a first database 26 listing IP addresses that are valid for allowing
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`access to manager 25. Id., 6:10-15. If manager 25 finds the received IP address
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`invalid (action 103), it terminates the actions (action 108). Id., 6:19-24. If the
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`address is valid, manager 25 resolves an identity of a service provider ISPID from
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`the IP address using a second database 27 with information that associates the
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`identity of the service provider ISPID with the received CPE IP address (action
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`104). Id., 6:29-34.
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`ACS manager 25 uses a third database 28 to resolve an IP address ACSID
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`of the dedicated ACS from the ISPID and/or the received CPE IP address (action
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`105). Id., 6:35-51. Third database 28 includes information associating the IP
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`address of the dedicated ACS with the ISPID and/or the CPE IP address. Id.
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`ACS manager 25 relays the CPE request to the dedicated ACS, receives the
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`reply from that server, and transmits it to the CPE (step 106a). Id., 6:63-7:3.
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`Prosecution History
`B.
`The application that eventually issued as the ’772 patent was rejected four
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`times as being obvious based on different combinations of prior art references that
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`included U.S. Publication No. 2009/0219820 Al to Acke et al. (“Acke”). Ex. 1002,
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`148-158, 193-205, 274-285, 318-330. In the rejections, the Examiner found Acke
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`disclosed almost all of the elements of each independent claim, including the
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`claimed “ACSMD is further configured to relay the request [for configuration
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`data] to the identified ACS” that the Applicant added in response to the third
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`Office Action dated September 12, 2013. Id., 300, 321.
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`In a July 30, 2014, Response to that Final Office Action, the patentee
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`submitted evidence that “relaying” required some processing while “forwarding”
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`did not. Id., 332-348. The Office subsequently allowed the claims on August 13,
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`2014. Id., 394-400.
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`III. STATEMENT OF PRECISE RELIEF REQUESTED
`A. Challenged Claims
`This petition challenges claims 1-16, of which claims 1, 10, 12, and 15 are
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`independent.
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`Statutory Grounds
`B.
`Claims 1-16 of the ’772 patent are unpatentable and should be canceled in
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`view of the following references. Each of these references is prior art to the ’772
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`patent under pre-AIA 35 U.S.C. § 102(b) because it was published more than one
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`year before the US filing date of the ’772 patent application.
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`Prior Art References
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`Ref. 1: Chatrath, U.S. Patent Application Publication No. 2005/0060361
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`(Ex. 1004); published March 17, 2005.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`Prior Art References
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`Ref. 2: Oh, U.S. Patent Application Publication No. 2006/0172769
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`(Ex. 1005); published August 3, 2006.
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`Ref. 3:
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`Schliserman, International Publication No. WO 2007/066318 (Ex.
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`1006); published June 14, 2007.
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`Ref. 4: Tullberg, U.S. Patent Application Publication No. 2007/0192464
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`(Ex. 1007); published August 16, 2007.
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`Claims 1-16 are unpatentable under pre-AIA 35 U.S.C. § 103 on the
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`following grounds.
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`Ground
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`Grounds of Unpatentability
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`1
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`2
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`3
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`Chatrath renders claims 1-6 and 8-16 obvious.
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`Chatrath in view of Oh renders claim 7 obvious.
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`Schliserman in view of Tullberg renders claims 1-6 and 8-16 obvious.
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`35 U.S.C. §325(d) is inapplicable
`a.
`These references were not in an IDS filed during the prosecution of the ’772
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`patent, and the Examiner never identified them or used them to reject claims
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`during the prosecution. The Examiner also never considered the testimony of
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`Petitioner’s expert, Dr. Robert Akl (Ex. 1003), regarding these references. The
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`grounds in this petition are not cumulative of any prior art the Board considered
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`and are not substantially the same as prior art or arguments the Office previously
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`considered. In fact, the principal references disclose the claimed “relaying” feature
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`the patentee used to distinguish the prior art the Examiner cited. Ex. 1002, 340-
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`347. The petition Samsung filed five years ago also did not assert Chatrath, Oh,
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`Schliserman, or Tullberg. IPR2016-00808. Thus, 35 U.S.C. §325(d) is
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`inapplicable to this case.
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`Discretionary denial Under 35 U.S.C. §314(a) is
`b.
`unwarranted
`The co-pending district court litigation does not warrant the exercise of
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`discretion under 35 U.S.C. §314(a). See Apple Inc. v. Fintiv, Inc., IPR2020-00019,
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`Paper 11 (PTAB Mar. 20, 2020). Petitioner intends to seek a stay of the district
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`court litigation if the PTAB decides to institute this IPR. And although discovery
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`has just begun, the district court has not issued any substantive orders related to
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`the validity of the ’772 patent. The trial date is scheduled for August 2023, about
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`22 months from the filing date of this IPR, so the IPR will conclude long before
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`the district court trial.
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`The earlier Samsung petition, IPR2016-00808 also does not warrant the
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`exercise of discretion under 35 U.S.C. §314(a). See General Plastic Industrial
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`Co., Ltd. v. Canon Kabushiki Kaisha, IPR2016-01357, Paper 19 (PTAB Sept. 6,
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`2017). The Petitioner and RPIs here were not aware of the ’772 patent until long
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`after Samsung’s petition was denied in 2016. Patent Owner did not assert the ’772
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`patent against Petitioner until 2021, and that assertion is why Petitioner is now
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`filing this petition.
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`Thus, the Board should not deny institution of this petition under §314(a).
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`IV. LEVEL OF ORDINARY SKILL
`A POSITA at the time of the filing date of the ’772 patent would have held
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`at least a bachelor’s degree in electrical engineering, computer engineering,
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`computer science, or a related field, and had at least two years’ experience in
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`telecommunication, computer networking, or the equivalent. Ex. 1003, ¶ 19.
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`V. CLAIM CONSTRUCTION
`The PTAB need only construe claims “to the extent necessary to resolve a
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`controversy.” Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d
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`1013, 1017 (Fed. Cir. 2017). For this petition, no terms need construction.
`
`VI. CLAIMS 1-16 ARE UNPATENTABLE OVER THE PRIOR ART
`A. Ground 1: Claims 1-6 and 8-16 are obvious over Chatrath
`1. Overview of Chatrath
`Chatrath (Ex. 1004) is prior art to the ’772 patent under pre-AIA 35 U.S.C.
`
`§ 102(b). Chatrath “relates to initiating device management between a
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`management server and a client.” Ex, 1004, Abstract.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`An initiation message is transmitted from the client to an intermediary
`node maintaining
`information about management servers. An
`appropriate management server is selected for the client by the
`intermediary node on the basis of the initiation message and the
`management server information. A request for initiating device
`management for the client is transmitted to the management server from
`the intermediary node. As a response to the request, a device
`management message is transmitted from the management server to the
`client.
`
`Id.
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`The invention is based on the idea of maintaining an intermediary node
`for delivering initiation requests for correct device management
`servers on the basis of requests from clients. The intermediary node
`maintains information about different management servers. An
`initiation message is sent from a client requesting device management,
`e.g. requiring settings for a new service, to the intermediary node. The
`intermediary node selects an appropriate management server for the
`client. The intermediary node can then send a request for initiating
`device management to the selected management server.
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`Id., [0005].
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`FIG. 1 (below) shows the device-management system:
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`Inter Partes Review
`U.S. Patent No. 8,886,772
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`The system includes “one or more terminals TE, one or more device
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`management servers S and at least one intermediary node IN.” Id., [0015]. Each
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`terminal TE can receive management settings and actions from management
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`server S and may gain network access by a mobile network MNW or a wired
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`network. Id. “The mobile network MNW may be any known or future mobile
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`network, such as a GSM network, a GSM/GPRS network, a 3G network …, or a
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`WLAN network.” Id. “The management server S is provided in the mobile
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`network MNW or in some other network to which data may be send from the
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`mobile network MNW,” and “may manage several client devices TE.” Id. “The
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`connections between the mobile network MNW, servers S and intermediary node
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`IN are typically arranged by a TCP/IP (Transport Control Protocol/Internet
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`U.S. Patent No. 8,886,772
`Protocol).” Id., [0016]. The intermediary node IN may be “implemented in any
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`existing or future network element.” Id., [0017].
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`FIG. 2 (above) shows Chatrath’s method for device-management initiation.
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`Id., [0018]. When terminal TE wishes to initiate device management (step 201), it
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`can “enter this phase and the present method either automatically without any user
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`initiative or based on received input from the user of the TE in many different
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`situations,” such as “provision of new service.” Id., [0018]-[0025]. “Regardless of
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`the situation causing step 201, the TE forms an initiation message and sends 202 it
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`to the intermediary node IN. The format of the initiation message is very flexible,
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`it may be in accordance with the management protocol used between the S and the
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`TE or it may be specifically tailored for the intermediary node IN.” Id., [0026].
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`“The intermediary node IN maintains [in step] 203 information about the
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`management servers S to which it can send requests for initiation of device
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`management.” Id., [0027].
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`When intermediary node IN receives an initiation message from terminal
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`TE, IN “checks [in step] 205 the message at least for indication of an appropriate
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`management server, which is selected based on the management server
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`information in step 206.” Id. “A request for initiating device management is then
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`sent [in step] 207 to the selected management server S.” Id.
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`“[R]equest 207 may be the initiation message as such, a modified initiation
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`message or a completely new message formed in the IN.” Id. “As a response to
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`this request, the server S can then initiate device management with the terminal
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`TE. The terminal TE receives in step 208 a device management message from the
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`server S.” Id.
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`2.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`Chatrath Renders Claims 1-6 and 8-16 Obvious
`Claim 1
`a.
`[1pre] “A system for remote device
`i.
`management comprising:”
`Chatrath discloses a system for remote device management (“device
`
`management system”).1 Id., [0015]. FIG. 1 shows terminal TE remote from device
`
`management servers S and intermediary node IN. Id.; Ex. 1003, ¶¶ 67-70.
`
`
`
`“Device management is to be understood … as any activity related to
`
`sending from a first device (server) to a second device (client) one or more
`
`settings and/or commands influencing the function of the second device,” such as
`
`“access settings” for the device to access the server. Ex. 1004, [0006].
`
`ii.
`
`[1a] “a plurality of auto-configuration servers
`(ACSs);”
`
`
`1 Claim language of the ’772 patent is bolded.
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`Chatrath discloses a plurality of auto-configuration servers (ACSs) as
`
`device management servers S. Id., [0015], FIG. 1 (annotated); Ex. 1003, ¶¶ 71-74.
`
`
`
`“The server S may manage several client devices TE. A network server or a
`
`PC typically acts as a server S.” Ex. 1004, [0015]. “Since the settings of networks
`
`are network operator specific, it is feasible that each network operator has a
`
`management server S of its own.” Id., [0028].
`
`[1b] “a manageable electronic device;”
`iii.
`Chatrath discloses a manageable electronic device as terminal TE. Id.,
`
`[0015], FIG. 1 (annotated); Ex. 1003, ¶¶ 75-76. TE includes “a management client
`
`functionality, i.e. any functionality capable of receiving management settings
`
`and/or actions from a management server S.” Ex. 1004, [0015]. TE may be “a
`
`mobile phone, a PC (Personal Computer), a laptop computer or a PDA device.”
`
`Id.
`
`
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`
`
`
`iv.
`
`[1c] “an auto-configuration server managing
`device (ACSMD) for controlling access to the
`ACSs communicatively coupled intermediately
`between the plurality of ACSs and the managed
`electronic device; and”
`Chatrath discloses an ACSMD (intermediary node IN) for controlling
`
`access to the ACSs (device management servers S) communicatively coupled
`
`intermediately between the ACSs and the managed electronic device (terminal
`
`TE). Id., [0015], FIG. 1 (annotated); Ex. 1003, ¶¶ 77-79.
`
`
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`information about different
`intermediary node maintains
`The
`management servers. An initiation message is sent from a client
`requesting device management, e.g. requiring settings for a new
`service, to the intermediary node. The intermediary node selects an
`appropriate management server for the client. The intermediary node
`can then send a request for initiating device management to the
`selected management server.
`
`Ex. 1004, [0005].
`
`v.
`
`[1d] “at least one database communicatively
`coupled to the ACSM and storing information
`for the identification of electronic devices,”
`Chatrath discloses at least one database communicatively coupled to the
`
`ACSM and storing information for the identification of electronic devices
`
`(device identifiers or subscriber specific numbers). Ex. 1003, ¶¶ 80-88.
`
`IN “may maintain a list of registered devices TE. The IN checks the device
`
`identifier and registers it on the list when a new identifier is received” and
`
`“maintains device property information associated with terminal identifiers.” Ex.
`
`1004, [0031], [0032].
`
`IN also “maintains . . . at least addressing information about the
`
`management servers S associated in one or more ways to the subscriber of the TE,
`
`the network or service the TE is utilizing and/or the terminal TE.” Id., [0033]. IN
`
`may use a subscriber specific number from the initiation message to determine a
`
`
`
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`network operator (step 205) and select an appropriate management server based
`
`on the determined operator (step 206). Id., [0028].
`
`Although it discloses “a capability database” (id., [0038]), Chatrath does
`
`not expressly disclose the database “communicatively coupled” to the
`
`intermediary node IN. A POSITA would have understood that Chatrath’s system
`
`inherently has at least one database communicatively coupled to intermediary
`
`node IN so IN can check a list of registered devices TE; determine a network
`
`operator based on identification information (subscriber specific number) of the
`
`device; and associate the management servers S to the TE subscriber, the network
`
`or service the TE is using, and TE, and maintain the “addressing information
`
`about the management servers S.” Id., [0028], [0031]-[0033]; Ex. 1003, ¶¶ 80-88.
`
`Even if the coupling were not inherent, it would have been obvious for a POSITA
`
`to have coupled the database to node IN so IN could use the information in the
`
`database. Ex. 1003, ¶¶ 86-88.
`
`vi.
`
`[1e] “wherein the manageable electronic device
`is configured to send a request for configuration
`data to the ACSMD,”
`Chatrath discloses the manageable electronic device (TE) is configured
`
`to send a request for configuration data (initiation message) to the ACSMD
`
`(IN). Ex. 1003, ¶¶ 89-91.
`
`
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`Inter Partes Review
`U.S. Patent No. 8,886,772
`“TE forms an initiation message and sends [in step] 202 it to the
`
`intermediary node IN. The format of the initiation message is very flexible, it may
`
`be in accordance with the management protocol used between the S and the TE or
`
`it may be specifically tailored for the intermediary node IN.” Ex. 1004, [0026].
`
`Chatrath’s initiation message is a request for configuration data. Id., [0034]; Ex.
`
`1003, ¶¶ 90-91. In FIG. 3, IN “sends requests to the management server S for
`
`GPRS settings 302, WAP settings 303 and MMS (Multimedia Messaging Service)
`
`settings 304,” and the requests 302 to 304 appear to the server S “as regular
`
`configuration requests from the terminal TE.” Ex. 1004, [0034], [0035].
`
`vii.
`
`[1f] “wherein configuration data comprise data
`for configuring the manageable electronic
`device, and”
`Chatrath discloses configuration data comprising data for configuring
`
`the manageable electronic device (settings, e.g., for a new service). The
`
`initiation message is for device management such as configuring the manageable
`
`electronic device. Id., [0006]; Ex. 1003, ¶¶ 92-93.
`
`In FIG. 3, “server S sends, as a response to requests 302, 303, and 304, a
`
`GPRS settings message 305, a WAP settings message 306 and a [sic] MMS
`
`(Multimedia Messaging Service) settings message 307,” and “TE accepts these
`
`messages individually and adjusts the settings accordingly.” Ex. 1004, [0035].
`
`viii. [1g] “wherein the ACSMD is configured,
`responsive to receiving the req