IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Application of:
`
`Derry Shribman ef a.
`
`hog
`
`
`
`ystem providing faster
`efficient
`
`communication
`
`weeee
`
`Art Unit:
`
`3992
`
`Examiner: Saadat, Cameron
`
`Washington, D.C,
`
`November 29, 2022
`
`ATTY.'S DOCKET: HOLA-O05-US15-EPR
`
`Appin. No.: 90/014,652
`
`Piled:
`
`January 12, 2021
`
`Nee
`
`Confirmation No.
`
`2947
`
`ATTY.'S DOCKET: HOLA-005-USL5-EPR2
`
`Appin. No.: 90/914,816
`
`)} Confirmation No.
`\i
`
`3047
`
`Piled:
`
`duly 36, 2021
`
`}
`
`RESPONSE / AMENDMENT:
`
`ail Stop Ex Parte Reeaxam
`Central Reeaxminat
`U.S. Patent and Tra
`Randolpa Building,
`
`Ale
`tia, VA
`22314
`
`
`
` In response to the Office Action dated September
`
`29, 2022 (“Action”):
`
`Claims are listed beginning on page 2 of this paper.
`
`Remarks/Arguments oegin on page 14 of this paper.
`
`IPR2022-00135
`
`Data Co Exhibit 1118
`Data Co Exhibit 1118
`Data Co v. Bright Data
`Data Co v. Bright Data
`IPR2022-00135
`
`

`

`aK
`Ap ein.
`
`Response to Office Action of September 229 2022
`
`Nos.
`
`~
`
`for use with a requesting client device
`
`that comprises an Hypertext Transfer Protocol
`
`(HTTP) or
`
`Hypertext Transfer Protocol Secure (HTTPS)
`
`
`
`for use with
`
`a first web server that is a HTTP or HTTPS server that
`
`respectively responds to HTTP or HTTPS requests and stores a
`
`first content identified by a first content identifier, for use
`
`with a second server distinct
`
`from the first web server and
`
`
`
`
`
`
`
`
`
`identified in the
`
`by a second IP address, and for use
`
`with a list of TP addresses,
`
`the method comprising:
`
`identifying, by the requesting client device, an HTTP
`
`
`
`or HTTPS request
`
`for the first content;
`
`
`selecting, by the requesting client device, an IP
`
`address from the list;
`
`sending, by the requesting client device,
`
`to the
`
`
`
`second server using the second IP address over the Internet in
`
`response to the identifying and the selecting,
`
`the first
`
`
`content identifier and the selected IP address; and
`
`receiving, by the requesting client device, over the
`
`
`Internet in response to the sending,
`
`from the second server
`
`using the selected IP address,
`
`the first content.
`
`
`
`2,
`
`(Original) The method according to claim 1, wherein the
`
`selecting is further based on a response time when
`
`ommunicating with the requesting client device.
`
`3.
`
`(OFlginai} The method according to claim 2, wherein the
`
`
`
`selected IP address is associated with a first client device
`
`that is the quickest
`
`to respond to queries From the requesting
`
`client device.
`
`
`
`

`

` Appln. Nos. 90/014,652 &
`“exam oF 10,637,962)
`Response to Office Action of September 29, 2022
`
`4, {Orlginal) The method according to claim 3, further
`by
`comorising sending, by the requesting client device,
`
`a
`
`notification message to a device from a plurality of client
`
`devices that was not selected as part of the
`
`
`
`
`
`5.
`
`iginal) The method according to claim 1, for use with a
`
`first application stored in the requesting client device and
`
`
`
`associated with a first version number, wherein the sending
`
`
`
`st version
`
`number.
`
`
`
`6,
`
`(Currentiy Amended)
`
`The method
`
`with a second applicatio
`
`n
`
`that is
`
`application and is store
`
`din the s
`
`with a second version nu
`
`according to
`
`for us a7
`
`a yersion of the first
`
`
`
`econd server and associated
`
`£y
`
`grther
`
`comprising receiving, bi
`
`the reque
`
`Le
`
`Au
`
`
`
`ice from theior
`
`second Server,
`
`respon
`
`se to the
`
`sending of the first version
`
`number,
`
`romprises t
`a message that ic
`
`he second version number.
`
`7.
`
`(Currently Amended)
`
`T
`
`he method
`
`according to claim 6,
`
`[wherein the method ]fur
`
`ther
`
`comprising
`
`ing client
`
`device
`
`downloading over the
`rag
`econd
`se
`
`Internet, by the request
`4a
`CoQ
`
`server,
`
`in response
`
`t
`
`he receiving of the second versio
`
`
`
`the second appli
`eycA
`oplication by the requesting client
`
`cation from the second server, and
`
`for the first application.
`
`
`
`number,
`
`installing the second
`
`device as a replacement
`
`8.
`
`(Originai) The method
`
`comprising determining,
`
`oy the
`
`device,
`
`that
`
`the received part of, or
`
`he who
`
`according to claim i,
`
`further
`
`
`
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29
`2022
`P
`
`.) The method according to claim 8, wherein the
`
`P header according to, or
`
`ye
`
`i
`
`5 Lo G fan 3 @ =
`CoOmprisi He] g
`
`my oO 3 D ch a Oo o Q O © n OQ ie D 2
`
`QO
`
`QO 0 te 3 ie,
`3, further
`
`
`
`
`
`a message over the Internet in response to
`
`the determining that the received part of, or the whole of,
`
`the
`
`first content,
`
`is not valid; and
`
`sending of
`
`receiving, over the Internet in response to the
`}
`the message, From a second client device selectec
`
`
`
`from the plurality of client devices,
`
`the part of, or the whole
`
` of,
`
`the first content.
`
`(Original) The
`
`‘ ry
`@ me
`chod according to claim
`
`4ia
`
`, wherein each of
`
`il.
`
`
`the IP addresses in the
`
`list is associated with a geographical
`
`location
`
`4ia
`(Original) The method according to claim 11, wherein the
`
` .
`
`m fi
`selecting is based on the geographic:
`
`Ke Oo
`
`ation.
`
`
`
`
`
`
`13.
`
`(Original) The method according to claim 1,
`
`for use with a
`
` devices each identified by a distinct IP
`
`
`
`address in the List, wherein the selected IP address is
`
`associated with a first client device is selected from the
`
` plurality of
`
`devices.
`
`&
`server of with the first client device using TCP/IP protocol.
`
`

`

`
`Appin . Nos. 90/014,652 &
`£ 10,637,968)
`30
`2022
`Response to Office Action of September
`
`claim 1, further
`
`b.e]
`
`etween the second server
`
`the
`
`alive’
`
`further
`
`claim i,
`
`client device,
`
`a
`
`email applicatio
`
`claim 17, wherein the
`
`
`
`$
`
`ee
`
`Je
`b.
`
`of
`
`TS.
`
`ginal}
`comorisir
`
`
`
`The me-thod accord: ng to
`We
`a communicating
`
`periodicall
`
`and the requesting client device.
`
`16.
`
`(Original) The method according to
`
`periodically communicating comprises ¢
`© @
`
`(Original) The
`
`n
`
`wthod according &
`
`v
`
`ing executing
`
`by the request
`
`afc b/
`web/Internet browser application or an
`
`compor
`
`18.
`
`(Original) The method according to
`
`
`
`identifying comprises intercepting, by
`
`the first content
`or
`requesting client device,
`the request
`
`respectively from the web browser application or the email
`
`a driver in the
`
`application.
`
`19,
`
`(Original) The method according to claim i, further
`
`comprising storing, by the requesting client device,
`
`the part
`
`of, or the whole of,
`
`the received first content.
`
`
`
`20,
`
`(Original) The method according to claim 19, further
`
`comprising:
`
`receiving, by the requesting client device from a
`
`second device over the Internet,
`
`a request for the part of, or
`
`the whole of,
`
`the first content; and
`
`
`
`
`n
`
`response to the recelved request by the
`
`requesting
`
`evice to the second device over
`
`the
`
`Internet,
`
`the part of, or the whole of,
`
`the stored first
`
`content.
`
`

`

`Alan
`Appln. Nos. 90/6
`Response to Offic
`
`CL
`
`Zl.
`
`(Griginal) The method according to claim 1, wherein the
`
`requesting client device stores a second content identified by
`
`
`
`a second content identifier,
`
`the method further comprising
`Je
`b.
`sending, over the Internet by the requesting client device,
`
`a
`
`part of, or a whole of,
`
`the second content.
`
`22.
`
`a4
`(Original) The method according to claim 21, wherein the
`
`
`
`in part performed in parallel
`
`to the
`
`sending is at least
`
`identifying,
`lesyydaes
`client device.
`
`the sending, or the receiving by the requesting1G
`
`23.
`
`(Currentiy Amended) The method according to claim 1,
`
`[wherein the method ]further comprising receiving and storing,
`
`
`by the requesti
`
`client device,
`
`the list.
`
`4ia
`a @
`(Original) The method according to claim 1, wherein th
`
`24,
`
`requesting client device comprises a wireless modem for Radio-
`
`Prequency (RF} communication, and wherein the sending and the
`
`
`
`receiving is using the RF communication.
`
`25,
`
`(Currently Amended) The method according to claim I,
`
`wherein the first content comprises distinct first and second
`
`parts, wherein the receiving comprises receiving,
`
`the first
`
`nternet in response to the sending, using a
`
`first client device,
`
`[and wherein |]the method further
`
`4iia
`(Original) The method according to claim 1, wherein the
`
`6,
`
`First content comprises web-page, audio, or video content, and
`
`

`

`
`Appin . Nos. 90/014,652 &
`er 29
`2022
`Response to Office Action of
`septe
`
`wherein the first content
`
`ide
`
`ntifi
`
`er is using a
`
`foe
`clNo 3
`niform
`
`Resource Locator
`
`(URL)
`
`27,
`
`(Original) The method acc
`
`ording to claim i,
`
`wherein the
`
`dentified by a Med
`questing client device is i
`hostname, and wherel n
`
`Control
`
`(MAC) address or a
`
`La
`
`further comprising
`
`sending, by the requesting c
`
`CoC
`AcA
`
`he ¢
`
`SS
`4
`Le FLO
`
`d
`
`device,
`
`
`
`during, as part of
`
`, OF
`
`In response to,
`
`a start-
`
`p of
`
`the
`
`requesting
`
`device,
`
`a first message to the
`
`second server,
`
`and wherein t
`
`fa
`
`rst message
`
`5
`
`comprises
`
`IP
`
`a
`
`ddress of the
`
`requesting
`
`device,
`
`the
`
`MAC
`
`address, ox
`
`the hostname.
`
`28.
`
`(Original) The
`
`=
`ett
`
`mm
`
`1iod ace
`
`ord
`
`oy
`ang
`
`me)C
`
`wherein the
`
`first or second se
`
`ryer is
`
`mmunicates
`
`
`
`Protocol/Internet
`
`over the Internet
`
`
`
`Or according to,
`
`Protocol
`
`(TCP/IP
`
`} server and c
`
`
`
`with the request
`
`wu
`
`sing TCP/IP prot
`
`
`
`ing client dev
`
`ice based o ny,
`
`ace 1 Or
`
`connection.
`
`29, {Original} The
`
`arme hod ace
`
`ord
`
`device
`
`ang
`g to claim i, wherein t
`
`s over the Internet
`communicate
`a
`on, OF according to, one cut of UBP, DNS, FTF,
`
`ne
`
`based
`
`OP
`POP #, SMTP, or
`
`SOL standards.
`
`(Previously Added} A method for use with a requesting
`
`30,
`
`client device comprises a Hypertext Transfer Protocol
`
`(HTTP)
`
`client,
`
`for use with a first web server that is a HTTP server
`
`
`
`
`
`Lo He =
`
`and
`> requests and
`
`stores a first
`
`
`
`respective
`
`responds
`
`that
`cont
`
`identified
`
`by a firs’
`by a first
`
`cont ene
`-
`
`identifier,
`
`for
`
`use with
`use
`witt
`
`1 server di
`
`stinct from
`
`the first web
`
`
`
`and
`
`Internet
`identified in the
`identified in the Internet
`
`by
`
`a
`
`second IP a
`
`3
`
`dre
`
`Ss
`
`useoD
`and for
`and
`for use
`
`with a list of IP
`
`

`

`Appln. Nos.
`ResponsSe me)
`
` of 16,637
`ember 30
`2022
`
`
`devi
`
`ice,
`
`
`
`
`
` content
`
`
`Internet
`
`and the
`
`s
`
`
`
`the reques
`
`the send:
`
`g,
`
`client device,
`
`Over
`
`the
`
`from the second
`
` rst content.
`
`Serve
`
`7as
`
`
`uSing the selected I
`
`address,
`
`the
`
`
`
`2v
`
`ag
`
`first
`
`31.
`
`wt
`(Previously
`
`Added) The method
`
`according to claim
`
`wherein the selecti
`
`is further
`
`based on a
`
`communicating Ww
`
`client deviLh
`
`32,
`
`(Previously Added) The method
`
`
`wherein the selected IP address i
`
`aoa
`ACCO
`
`rdi
`
`o
`
`ola
`
`S associated with a
`
`client device that is the
`
`
`
`to respond to queries from
`
`the requesting client deviLh
`qu
`
`.
`
`(Previous
`
`according to claim 32,
`
`further comprisin
`
`2
`
`& requesting client
`
`notification me
`
`device from a plural
`
`4
`
`device,
`<
`Of
`
`ity
`
`client dev ices
`
`mwas
`
`C
`
`ted as part of &
`
`he selecting.
`
`34, {Previously Added) The method
`
`according to claim
`
`use with a first application sto
`
`device and associated with a
`
`
`
`sending comprises sending the fir
`
`number,
`
`wherein the
`
`t version number.
`
`‘ed in the requesting
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29
`2022
`P
`
`
`
`version
`
`
`
`36,
`
`(Previously Added) The method according to claim 35,
`
`urther comprising downloading over the Internet, by the
`
`requesting client device from the second server,
`
`in response to
`
`the receiving of
`
`the second
`=.
`application from the second server, and installing the second
`
`the second version number,
`
`
`
`application by the requesting client device as a replacement
`ic
`.
`wa
`oN cy
`ee
`abe
`ey
`ee ca
`fo
`-
`wee
`toot
`wy de
`OF, or update to,
`the first application.
`
`37.
`
`mo
`(Previously Added) The method according to claim 30,
`
`further comprising determining, by
`
`the requesting client
`
`device,
`
`that a received part of, or a whole of,
`
`the first
`
`content,
`
`is valid.
`
`38,
`
`(Previously Added) The method according to claim 37,
`
`wherein the determining is based on a received HTTP header
`
`according to, or based on,
`
`IETF RFC 2616.
`
`39,
`
`
`
`(Previously Added) The method according to claim 38,
`
`a message over
`the Internet
`
`further comprising: sending,
`
`response to the determining that a received part of, or a whole
`
` content,
`
`is not valid; and receiving, over the
`
`Internet in response to the sending of the message,
`second client device selected from a plurali ct Kee ° rh
`
`from a
`
`
`
`

`

`Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29, 2022
`
`
`
`
`the first content
`
`
`
`
`
`41,
`
`a
`(Previously Added} The method according to claim 40
`
`£
`
`wherein the selecting is based on the geographical location.
`
`42,
`
`wt
`RR
`(Previously Added} The method according to claim 30,
`
`for
`
`use with a plurality of client devices each identified by a
`distinct IF address in the list, wherein the selected tre
`
`address is associated with a
`
`rat client
`
`
`selected from the plurality of client devices.
`
`
`
`43.
`
`md
`5.
`(Previously Added) The method
`
`y!
`according to claim 42
`
`fF
`
`further comprising establishing, by the requesting client
`
`device,
`
`a Transmission Control Protocol
`
`
`(TCP) connection with
`
`the second server or with the first client device using TCP/IP
`
`rotocol,
`
`ro
`
`44,
`(Previously Added} The method according to claim 30,
`u ry ther comprising periodically communicating, by the
`
`requesting device,
`
`from time to time, with the second server.
`
`45,
`
`ky
`5.
`(Previously Added) The metho
`i according to claim 30,
`
`wherein the
`
`
`
`of the selected IP address comprises usinc
`
`the selected IP address as a source address.
`
`

`

`aK
`Ap pein. Nos.
`Response to C £
`
`
`
`OO
`
`
`re web browser application or
`
`email
`
`oners
`
`
`
`respectively from
`
`application.
`
`48, {Previously Ao
`ided}
`
`The method according to claim 30,
`
`further comprising
`
`storing,
`
`by the reguesting
`
`device,
`
`m3
`a
`
`part of, ox a whol
`
`the received first content.
`
`49, {Previously Added) The method according to claim 48,
`
`further comprising: receiving, by the requesting client device
`
`from a second device over the Internet,
`
`a request for a part
`
`
`
`
`
`
`
`
`of, or a whole of,
`
`the first content;
`
`to the received request by the request
`
`second device
`
`over the Internet,
`
`a part
`
`response
`
`to the
`
`»f,
`
`the
`
`stored first content.
`
`50,
`
`(Previously Added) The method according to claim 30,
`
`wherein the requesting client device stores a second content
`}+
`a
`ry
`identified by a se
`
`cond content identifier,
`
`the method further
`
`CoOmpYrising sending
`
`, over the Internet by the reguesting client
`
`
`
`device,
`
`a part of,
`
`or a whole of,
`
`the second content,
`
`Sl.
`
`(Previcusiy Added} The method according to claim 50,
`
`wherein the
`
`content,
`
`is
`
`identifying,
`
`
`
`of, or a whole of,
`
`
`ormed in parallel to the
`
`the second
`
`first content identifier and of
`
`
`
`

`

` Appln. Nos. 90/014,652 §&
`OF 16,637
`Response to Office Action of september 29
`2022
`
`
`
`Added)
`
`The method
`
`acces
`
`rding to «el
`
`m@
`
`im
`
`30 £
`
`wherein the requesting client device comprises a wire
`
`less modem
`
`For Radio-~ Frequency (RF) communication, and wherein the
`
`ending and the receiving is using the RF communication.
`
`54,
`
`(Previously Added) The method according to claim 30,
`
`
`
`content comprises distinct first and second
`
`parts, wherein the receiving comprises receiving,
`
`the first
`
`part over
`
`the Internet
`
`in response to the sending, using a
`
`
`
`
`
`
`first client device, and wherein the method further comprises
`
`
`receiving, by the requesting client device over the Internet in
`
`response to the sending,
`from a second client device
`
`from the First client device,
`the second part.
`
`distinct
`
`55,
`
`(Previously Added} The method according to claim
`
`30,
`
`wherein the first content comprises web-page, audio,
`
`rt
`
`or
`
`video
`
`content, and wherein the fi
`
`Fier comprises 4
`
`
`Uniform Resource Locator
`
`(URL).
`
`56,
`
`(Previously Added} The method according to claim
`
`wherein the requesting client device is identified by
`
`
`
`
`and wherein
`
`hod
`
`ng client d
`
`address
`
`further
`
`during, as part of, or in response to,
`
`a start-up of
`
`requesting
`
`
`
`device,
`
`a first message to the seco
`
`

`

`
`Apeln. Nos. 90/014,652 &
`Response to Office Action of September 29, 2022
`
`
`
`57.
`
`
`
`(Previously Added) The method according to
`
`
` rnet with the requesting client device based on,
`
`
`
`
`
`
` ~. . 3 AT AD /TDY
`
`sntocol
`(TCP/TP}
`
`.
`be
`:
`;
`vs
`of according to, using TCP/TP protecol or connection.
`
`58.
`
`(Previously Added) The method according to claim 30
`rod
`wherein the requesting client device communicates over the
`=
`
`Internet based on, or according to, one out of UDP, DNS, FTP,
`
`
`POP#, SMTP, or SOL standards.
`
`59.
`
`(Canceled).
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29
`2022
`P
`
`REMARKS / ARGUMENTS
`
`Regarding the Claims:
`
`Patent No. 10,637,968 (the “'96e8 Patent’)
`
`issued with
`
`29 original claims.
`
`In the previous response dated dune 16, 2022, Patent
`
`Owner attempted to make certain clerical
`
`amendments and to add
`
`claims 30-59, The amendments were not entered.
`
`amendments
`
`to claims 6,
`
`7,
`
`23,
`
` purel Y CLE¥ELCaLt
`
`and 25 using single brackets,
`
`rather
`
`than strikethrough,
`
`to show changes
`
`relative to the
`
`wally
`
`issued
`
`patent,
`
`in
`
`compliance with
`
`37
`
`£C.F.R.
`
`. See Action at 5. FPatent Owner adds claims 30-58
`
`
`
` issued patent,
`wey as the original claims 1-29. See also
`
`using underline,
`
`to show changes
`
`relative to the originally
`
`in compliance with 37 C.F.R. 2.530(8) (2). Claims
`
`rtacd }
`5
`and
`roo.
`m
`A29—-52 ar
`30-58 are similar to, and supported by,
`
`cancels claim 59.
`
`Patent Owner respectfully requests
`
`full consideration
`
`of
`
`the amendments
`
`for at
`
`least
`
`three reasons. See MPEP
`
`No
`
`ho
`
`First,
`
`these clerical
`
`amendments to claims 6, 7, 23, and 25 are
`
`G
`made to comply with a requirement of
`
`form expressly set forth in
`
`a previous office action. Second,
`a
`30-58 were previously presented in the June
`
`these amendments to add claims
`
`16 Response
`
`and
`
`already considered by the examiner. Third,
`
`the amendment to claim
`
`59 merely cancels a claim. Fourth,
`a
`of the patent under reexamination. Accordingly, Patent
`
`these amendments do not
`
`touch
`
`the merits
`
`respectfully
`
`entry of
`
`the amendments
`
`including the
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29
`2022
`P
`
`clerical amendments to claims 6, 7, 23,
`
`and 25,
`
`claims 30-58, and the cancellation of claim 5S.
`
`4
`> oO
`the
`
`ou os a pot ct
`
`a
`
`D 3 o rh
`
`Thus, claims 1-2, 8-9, 11-19, 24, and 26-56 are subject
`
`Patent Owner
`
`thankfully notes
`
`that
`
`the
`
`e¢xaminer
`
`indicated that claims 19, 29, 32-36, 39, 45, 48-52, 54, and
`
`on x
`
`are patentable. Action at 46.
`
`
`
`Patent Owner
`
`thankfully notes that
`
`the rejection of
`
`CLlaim
`
` t~hdrawn. See Action at 7.
`Go CO under $305 has been wit
`
`the rejection of
`the amendment herein,
`of
`In light
`
`
`I qos Areeete - - . 1 oon ney ee - ade ey ay
`
`
`
`
`
`
`
`
`x
`on 19 < imfas} Q. © Ky
`CLlaim
`iG
`Sii2, first paragraph,
`is now moot. See Action at
`
`Patent Owner
`
`thankfully notes that
`
`the rejections of
`
`claims 1, 2, 8-9, 21-12, 15, 17-19, and 26-30 under $103 based
`a
`on Gupta alone and in combination with other references have been
`
`Withdrawn. See Action at 7-8."
`
`Siaims 1-2, 8-9, 11-18, 26-28, 30-31, 37-38, 40-44,
`
`ee
`46-
`
`aré rejected under $103 based on the combination
`
`
`
`respectfully traverses the $112 rejection in
`of these proceedings and reach
`
`1 Patent Owner
`order to ma
`allowance.
`rd wD = D mS ct 2 DO w
`é For the sake of comoletene
`rh cupta alone and in
`
`o
`rejection of
`claim 59 under §
`
`combination with other references was also withdrawn. Action at
`c.
`
`mn wn -~
`
`otes that the
`
`

`

` Appln. Nos. 90/014,652 &
`Response to Office Action of september 29, 2022
`
`c
`of MorphMix and RFC 2616.° See, e.g., Action at 1i. Claims 24 and
`eo
`-
`Qo OD ~ oT oS 3 wu cr a Oo 3
`iat oO 4 4
`a 3 2 MD 5 wr eS ra us
`oy D in oD 2 oa 3 ct or oO
`are
`of MorpnMix,
`
`ot
`
`o.
`
`cn Gl
`
`
`Patent Owner respectfully submits that the earlier June
`
`16 Response inadvertent
`y omitted arguments as to the MorphMixz
`be
`h u
`© ¢
`07
`fF
`based rejections.4 See Action at 9.
`
`
`
`In view
`
`the arguments
`
`herein, Patent Owner respectfully requests that
`
`the MorphMix-
`
`based rejections be withdrawn and prosecution be re-opened.
`
`Fatent Owner respectfully requests
`
`consideration
`
`of the arguments as to the MorphMix-based rer
`
`ons herein for
`
`
`
`at least three reasons.
`
`Pirst,
`
`ht c be fe
`as discussed below, Patent Owner respectf
`
`is material
`
`
`
`submits that the claims ar
`,
`error in the rejections. As will be discussed herein,
`
`D
`
`in watentable condition because there
`
`the Action apolied role-based constructions for the terms
`
`server
`
`and
`
`“requesting
`
`client
`
`device”.°
`
`Patent
`
`Owner
`
`respectfully submits that under the role-based constructions,
`
`the
`
`cited references fail to teach the methods of independent claims
`
`1 and 30,6
`
`
`
`the rejection of claim 59
`of the amendment herein,
`based on the combination of MorphMix and RFC 2616 is
`now moot. See Action at 11.
`
`* Patent Owner notes that new counsel of record recentiy took
`
`over this
`imination on September 22, 2022, which was
`indicated as accepted on September 26,
`2022
`° Patent Owner expressly reserves al.
`Lights regarding the
`
`47
`
`proper constructions for th
`claim terms.
`Patent Owner notes that c aims i and 30 are the only
`oOF
`independent claims.
`
`

`

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`

`

`Appin. Nos.
`
`Response to
`
`Exhibits
`
`mW m@ ot D i} q O 3 D Ky
`
`BK ra) ih D rs Q
`
`ct Oo
`
`ct 0 rh Oo a Q:Q D x 2 o ct a
`
`ay oO ry oO tH. 5
`
`Exhibit C submitted with the original request
`
`in the
`
`merged -816 proceeding, which is the MorphMix reference.
`
`Exhibit N submitted with the original request
`
`in the
`
`merged -~816 proceeding, which is the Court’s Claim Construction
`
`Order in Case No. 2:19-cv-395, Det. 191 (B.D. Tex. Dec. 7, 2020).
`
`Exhibit W submitted with the original request
`
`in the
`
`merged -~816 proceeding, which is the Court’s Claim Construction
`
`Order in Case No. 2:19-cev-3396, Dkt.
`
`S97
`
`(B.D. Tex. Feb. 8, 2021).
`
`in
`Exhibit AA submitted with this response, which is the
`
`Court’s Alice Order in Case No. 2:19-cv-396, Dkt.
`
`98
`
`
`(B.D. Tex.
`
`tr mm me be s be ct
`
`
`
`
`
` woBB submitted with this response, which is the
`
`Tim A.
`
`Wi
`
`ams originally submitted
`
`related Patent is in the
`
`expert declaration of
`
`Dr.
`
`OCS61 as EX,
`
`TPR2022-
`
`involv0 un
`
`
`
`same family as the ‘968 Patent and has the same specification as
`
`—
`‘319 and ‘968 Patents claim priority to the
`the ‘*968 Patent. The
`
`same provisional application dated 16/8/2009. The claims of the
`
`*319
`
`and
`
`‘*968 Patent were
`
`reviewed and allowed by the same
`
`examiner,
`
`- TR =
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 2g, 2022
`
`1
`z
`Exhibit CC submitted with this response, which is the
`
`Court’s Claim Construction Order
`
`in Case No. 2:21-ev-225, Dkt.
`
`146 (B.D. Tex. May 10, 2022).
`
`Exhibit DD submitted with this response, which is a
`
`copy of the webpage entitled Network Fundamentals Study Guide,
`ft
`
`originally submitted in IPR2022-C0861 as EX. 2039 (PTA
`
`
`
` td
`
`June
`
`21, 2022).
`
`
`
`Exhibit ER submitted with this response, which includes
`
`coples of excerpts from the textbook entitled “Computer Networks
`
`
`- Fifth Edition”
`
`by Tanenbaum, et al., copyright 2011,
`
`
`ISBN ¢-
`
`Regarding the Claim Construction Analysis:
`
`The method claims operate within a specific architecture.
`
`Endependent claims 1 and 30 recites a method
`AL.
`aw
` 6%
`comprising a
`iocated between a
`
`os
`72,4
`Vee eased oe fF ane - Wat Soa er
`Y
`wae
`yen
`sn fF
`iT}
`on he
`~
`<
`alaant device”
`and a
`“first wab sarver”’. The methods of claims
`nN
`1 and 30 are performed within the specific architecture shown
`
`
`
`The role-based claim constructions for the terms “requesting
`
`client device” and “second server’ are not appropriate.
`
`The Action alleged that “the terms ‘client’ and
`
`server’ are role-based labels, with ‘clients’ being ‘senders’
`
`of information, and ‘servers’ being ‘recipients’ of
`
`information.” Action at 19 and 25. The Action appiied these
`
`le-based constructions to the terms “requesting client
`
`
`
`

`

`
`Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29, 2022
`
`device”
`
`-
`and “second server’ and the role-based constructions
`
`are improper as discussed herein.
`
`As discussed in detail
`
`Hho jos
`respectfully submits that the role-based constructions applied
`
`in the Action are not appropriate and fail to account for the
`
`specific architecture in which the methods of claims 1 and 30
`
`operate. The Action appears to have, verbatim, copied the claim
`
`construction analysis in the original
`
`request in the merged -
`
`816 proceeding (“Request”). E.g., compare Action at 15 to
`
`“requesting
`Request at 57 discussing the construction for
`
`mY
`
`
`client device”
`including reference to Section VIE(B} which is
`b bg the Request, but not the Action
`
`present
`
`
`
`The Request and therefore,
`
`the Action, fail to
`
`explain how the role-based constructions are appropriate ir
`
`
`
`
`
`
`view of at least
`
`Claim Construction Orders, and (i131)
`
`(i} the Court’s Alice Order,
`
`
`
`(ii)
`
`the Court's
`
`the claim language of the
`
`*968 Patent, as explained below.
`
`The role-based constructions are contrary to the Court’s Alice
`
`Order.
`
`The Action alleged that any standard computer may
`
`serve in the role of
`
`a “client”. Action at
`
`. The Action
`
`KR
`
`ke
`
`oO hy
`
`ow
`
`3
`
`C kK < D RK
`
`hes a Tr KE oO
`
`ow Tv
`
`--+ LO These allegations are
`
`contrary to the Court’s Alice Order, which found that the
`
`
`
`y EX. AA. The Request failed to include this Court
`
`Order or otherwise reference these findings in its analysis.
`
`

`

` Appin . Nos. 9$0/014,652 &
`Response to Office Action of september 29
`2022
`P
`
`The Court found that the claims of the ‘968 Patent
`
`are directed to an architecture comprised of [
`aware
`and «uy
`ware ¢
`Serta {4 ay
`rehitanti
`Servers, ana wehb servers configured into an architecture to
`
`oy 85) =
`facilitate providing requested content using an IP address th
`Tp
`x
`}
`is selected from a group of TE addresses and used to fetch the
`
`
`
`
`
`content.” EX. AA at 8. T
`
`os
`
`1e Court acknowledged that the claims
`
`of the ‘968 Patent perform this selection at the “requesting
`F
`client device”, while the claims of
`
`the related asserted patent
`
`perform this selection at the intermediary server. EA. AA at 8.
`
`The Court specifically found that the defendants
`
`(including the same third-party requester in the -816
`WEAR 7
`boil
`
`pL
`
`eding)
`
`H
`
`the asserted claims down to nothing more
`
`‘requesting,’
`
`‘sending,’ and
`
`p>J ro)
`
`than the actions of
`f
`t
`>
`Sidentifving.’” EX.
`
`"
`
`t 2O. Such simplification of
`
`the claims
`
`
`
`of the ‘968 Patent is improper. See id. The claims of the ‘368
`
`Patent are directed to a method performed within a specific
` LOMITA ASS «>
`ny
`=
`-
`cs
`as recognized by the Court.
`
`
`
`VE oo NLP SL WS SSL VAN
`
`4
`The role-based constructions are improper because
`
`
`
`
`
`they fail to account for this specific architecture and
`D
`mH Q ct bs G DD [en
`focus only on the
`
`instead,
`
`hy
`
`sending and receiving
`
`information. The role-based constructions do not consider which
`
`component is performing which method step.
`
`The role-based constructions are contrary to the Court’s Claim
`
`Construction Order.
`
`pout het
`The Court previcus
`NV
`
`device” and
`
`“second server” in the context of the specifics
`
`sonstrued the terms “client
`
`and expressiy rejected referring to these terms as generic
`
`
`
`
`

`

` Appln. Nos. 90/014,652 &
`“exam oF 10,637,962)
`Response to Office Action of September 29, 2022
`
`devices operating in a particular role. As discussed below,
`
`the
`
`ta Q ~ = my iat. O a a m@ a
`
`o 0 ai 4
`in oO oO a fa Ht fa O mM cr pot oO x
`
`rd a oD
`
`
`
`ct
`physical server and that a server is not
`
`client device” is a physical communication
`ow 2special meaning in the context of the
`
`OVC2 5fC a
`
`so found that a “server” is a
`)
`a@ communication device
`
`
`
`in the context of the specification.
`
`The role-based constructions contradict the Court’s
`
`claim construction findings because the role-based
`
`constructions refer to generic devices operating in a
`
`
`
`
`
`particular role. The role-based constructions fail to account
`
`the physical/structural differences between client devices
`
`For
`
`
`
`
`
`COURT’ S CONSTRUCTION FOR “CLIENT DEVICE?
`3
`Son
`The Court previously construed the term “clientb ae3 a
`
`device” as “communication device that is operating in the role
`
`
`
`of a client.” EX. W at 13
`
`(emphasis added). The Court adopted
`
`
` Id.; see also EX. N. The Court previously found that
`
`specification does not
`
`v
`include servers as a type of
`
`itis previous reasoning from Case No. 2:19-cv-395 (E.D. Tex.).
`Le
`
`the
`
`“communication device.” EX. N. at 12.
`
`Previously,
`
`a defendant
`
`(the same third-party
`
`requester in the -652 proceeding) attempted to construe
`deey Voy 4
`she
`ime Nes
`,
`“t
`x
`Cerm CLiztent cevice
`as a
`ae
`vice operating in the role o
`
`ct ieio @
`
`ry
`
`client” and thereby remove the requirement that it be a
`i
`.
`aw
`aa]
`“communication device”. EX. CC at 10. The Court
`
`
`
`rejected remov
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`the word “communication” from its
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`construction.
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`“communication device” in the context of the specification is
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`device that communicates over the Internet. EX
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`BB at F388. The Court has repeatediy emphasized that a
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`device” in the context of the specification is not merely a
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`general-purpose computer. See, e.g., EX. CC at 14-15; EX. BB at
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`"46,
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`A “communication device” is disclosed as operating in
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`the role of
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`a “client, peer, or agent”.
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`‘968 Patent at 4:48-49;
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`see also EX. BB at
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`3 of the ‘968 Patent
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`discloses client 102, peers 112, 114, 110; and agent 12°, all
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`Court acknowledged that “communication devic
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`6 of the *$63 Patent discloses communication
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`a peer module 226,
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