3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`1
`
`

`

`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`2
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`

`

`Claim 28: Software Authorization Agent
`
`In a software authorization agent, a method of regulating a
`transfer of gaming software between two gaming devices, the
`method comprising:
`receiving a gaming software download request message with
`gaming software transaction information from a first gaming
`device;
`validating the gaming software download request using the
`gaming software transaction information;
`sending an authorization message to the first gaming device
`wherein the authorization message includes information
`indicating whether the first gaming device is authorized to
`transfer the gaming software to a second gaming device and
`wherein the first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of a) a game of
`chance played on a gaming machine, b) a bonus game of chance
`played on a gaming machine, c) a device driver for a for a device
`installed on a gaming machine, d) a player tracking service on a
`gaming machine and e) an operating system installed on a
`gaming machine.
`
`3/13/2023
`
`Claim 84: First Gaming Device
`
`In a first gaming device, a method of transferring gaming software
`to a second gaming device, said method comprising:
`receiving a gaming software transaction request from the second
`gaming device;
`sending the gaming software transaction request to a gaming
`software authorization agent that approves or rejects the transfer of
`gaming software;
`receiving an authorization message from the gaming software
`authorization agent wherein the authorization message includes
`information indicating whether the first gaming device is
`authorized to transfer the gaming software to the second gamma
`device; and
`transferring the gaming software to the second gaming device;
`wherein the gaming software is for at least one of a) a game of
`chance played on a gaming machine, b) a bonus game of chance
`played on a gaming machine, c) a device driver for a for a device
`installed on a gaming machine, d) a player tracking service on a
`gaming machine and e) an operating system installed on a gaming
`machine.
`Ex. 1001
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`3
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 2;
`Ex. 1001, FIG. 8
`
`4
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 2;
`Ex. 1001, FIG. 8
`
`5
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`POR at 2;
`Ex. 1001, FIG. 9
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`6
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`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`POR at 2;
`Ex. 1001, FIG. 9
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`7
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`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Gaming Software Content Provider
`
`POR at 2;
`Ex. 1001, FIG. 9
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 3;
`Ex. 1001, col. 25:27-34.
`
`8
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Gaming Software Distributor
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 2;
`Ex. 1001, FIG. 9
`
`POR at 3;
`Ex. 1001, col. 26:27-34.
`
`9
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Gaming Devices
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 2;
`Ex. 1001, FIG. 9
`
`POR at 3;
`Ex. 1001, col. 24:28-32.
`
`10
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Software Authorization Agent
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 2;
`Ex. 1001, FIG. 9
`
`POR at 3;
`Ex. 1001, col. 26:27-34.
`
`11
`
`

`

`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Pet. at 7.
`
`12
`
`

`

`Petition:
`
`A POSITA in the technology field of the ’089 patent would have had a degree in computer engineering, computer
`science, or a similar discipline, along with 2 years of professional experience in the fields of networking and network-
`based systems or applications, such as client-server and web-based systems, in the context of gaming or an
`equivalent level of skill, knowledge, and experience.
`This POSITA would be aware of and generally knowledgeable about casino gaming systems, including the types of
`software running on casino gaming machines, the types of software casinos employ to allow customers to engage in
`remote gaming, and the types of authentication and network security systems employed by casinos at the time the
`’089 patent was filed.
`Pet. at 26.
`Preliminarily Adopted.
`Dec. Inst. at 19.
`Patent Owner’s Response: Adopt Proposed Definition in Part.
`Zynga’s proposed definition adds additional qualifications that are unduly narrow given the ’089 Patent’s disclosure.
`POR at 19.
`
`Decision to Institute:
`
`3/13/2023
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`13
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`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`Dec. Inst. at 21-22; POR at 18.
`
`14
`
`

`

`Gaming Software:
`
`Software
`Authorization
`Agent:
`Gaming Machine:
`
`3/13/2023
`
`“instructions that are executed to run a game or component of a game, as distinct from
`stand-alone data.”
`“a device that authorizes (that is approves or rejects) specific transfers of gaming
`software based on applicable rules, and monitors (that is tracks) these transfers.”
`There are at least two possible constructions of “gaming machine.”
`First, it can require a special purpose machine like a slot or video poker machine as
`opposed to a general-purpose computer.
`Or, it could embrace both a special purpose machine and a general-purpose computer.
`…Regardless, express construction of this term is not necessary here as the prior art
`teaches authorization systems to oversee the transmission of gaming software to both
`general-purpose computers and special purpose gaming devices (like blackjack
`machines)
`Pet. at 14-18.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`15
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`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Petition:
`
`Independent claims 28 and 84 both reference “gaming software.”
`A person having ordinary skill in the art (“POSITA”) would understand
`this to refer to “instructions that are executed to run a game or
`component of a game, as distinct from stand-alone data.” (See Ex. 1003,
`¶¶ 74-75 .)
`Pet. at 15.
`This claim language indicates that the gaming machine plays the game
`following the transfer.
`POR at 40.
`
`Patent Owner’s Response:
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`16
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`

`

`POR at 2;
`Ex. 1001, FIG. 9
`
`3/13/2023
`
`POR at 31.
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`17
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`

`

`POR at 2;
`Ex. 1001, FIG. 9
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 48-49.
`
`18
`
`

`

`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`19
`
`

`

`Blackjack Player Evaluator 34
`
`POR at 8; Ex. 1004, col. 8:55-60.
`
`House Blackjack Playing Module 42
`
`POR at 6;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 8; Ex. 1004, col. 9:17-20.
`
`20
`
`

`

`Blackjack Hand Evaluator 46
`
`POR at 8; Ex. 1004, col. 9:35-38.
`
`Card Generator Module 38
`
`POR at 6;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 8; Ex. 1004, col. 9:1-3.
`
`21
`
`

`

`POR at 6;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 9;
`Ex. 1004, FIG. 5.
`
`22
`
`

`

`Important
`
`POR at 6;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 9;
`Ex. 1004, col. 20:20-25, 20:56-64.
`
`23
`
`

`

`POR at 10;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 12; Ex. 1004, col. 25:36-38.
`
`24
`
`POR at 12;
`Ex. 1004, FIG. 7.
`
`

`

`WWW Server 340
`
`POR at 10;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 11; Ex. 1004, col. 14:40-48.
`
`25
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`

`

`Database 28
`
`POR at 10;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 11; Ex. 1004, col. 8:2-14.
`
`POR at 28; Ex. 1004, col. 17:6-12
`
`26
`
`

`

`CGI Scripts 348
`
`POR at 12; Ex. 1004, col. 14:50-58.
`
`POR at 10;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 13; Ex. 1004, col. 16:42-48.
`
`27
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`

`

`Web Pages
`
`POR at 10;
`Ex. 1004, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 11; Ex. 1004, col. 8:2-14.
`
`28
`
`

`

`Ad Viewer Program
`
`POR at 10;
`Ex. 1004, FIG. 6.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`POR at 13-14; Ex. 1004, col. 29:3-10.
`
`29
`
`

`

`Petition
`
`The CGI scripts generate customized HTML files,
`examples of “high level executable programs,”
`which are then relayed to the “Internet client node
`318” to facilitate game play. (Id., 24:55-64.)
`Pet. at 21.
`According to Goldberg, the data output by the CGI
`scripts for transmission back “to an intended
`Internet client node 318 having an appropriate
`World Wide Web browser” may be in the form of “a
`plurality of high level executable programs” (like
`customized HTML files). (Id., 24:55-64.)
`Pet. at 40.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`30
`
`

`

`Petition
`
`The CGI scripts generate customized HTML files,
`examples of “high level executable programs,”
`which are then relayed to the “Internet client node
`318” to facilitate game play. (Id., 24:55-64.)
`Pet. at 21.
`According to Goldberg, the data output by the CGI
`scripts for transmission back “to an intended
`Internet client node 318 having an appropriate
`World Wide Web browser” may be in the form of “a
`plurality of high level executable programs” (like
`customized HTML files). (Id., 24:55-64.)
`Pet. at 40.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`31
`
`POR at 22;
`Ex. 1004, col. 24:55-64.
`
`3/13/2023
`
`

`

`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`32
`
`

`

`POR at 14; Ex. 1005, col. 1:6-10.
`
`POR at 32; Ex. 1005, col. 1:45-49.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`33
`
`

`

`POR at 14; Ex. 1005, col. 1:6-10.
`
`POR at 15; Ex. 1005, col. 4:55-57.
`
`POR at 36; Ex. 1005, col. 9:10-14.
`
`34
`
`3/13/2023
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`

`

`POR at 14-15; Ex. 1005, col. 7:64-67.
`
`POR at 14-15; Ex. 1005, col. 10:62-64.
`POR at 14-15; Ex. 1005, col. 11:25-26.
`
`POR at 14-15; Ex. 1005, col. 10:58-61.
`
`35
`
`POR at 14;
`Ex. 1005, FIG. 3.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`

`

`Petition:
`
`In particular it teaches that the “message” sent from a
`“first gaming device” to a “software authorization agent”
`can (and should) be the claimed “gaming software
`download request message with gaming software
`transaction information.”
`Pet. at 34.
`In sum, as shown in Figure 1, Olden’s “software
`authorization agent” (authorization server 24 in
`authorization component 12) transmits an
`“authorization message” (the ALLOW smart rule result
`returned to the Web server 20) to a “first gaming device”
`(Web server 20). This then in turn allows transmission
`of “gaming software” (the user requested application or
`application function) to a “second gaming device” (the
`user device that requested the application)
`Pet. at 45.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`36
`
`

`

`Petition:
`
`In particular it teaches that the “message” sent from a
`“first gaming device” to a “software authorization agent”
`can (and should) be the claimed “gaming software
`download request message with gaming software
`transaction information.”
`Pet. at 34.
`In sum, as shown in Figure 1, Olden’s “software
`authorization agent” (authorization server 24 in
`authorization component 12) transmits an
`“authorization message” (the ALLOW smart rule result
`returned to the Web server 20) to a “first gaming device”
`(Web server 20). This then in turn allows transmission
`of “gaming software” (the user requested application or
`application function) to a “second gaming device” (the
`user device that requested the application)
`Pet. at 45.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 14; Ex. 1005, col. 1:6-10.
`
`POR at 32; Ex. 1005, col. 1:45-49.
`
`POR at 36; Ex. 1005, col. 9:10-14.
`
`37
`
`

`

`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`38
`
`

`

`Petition:
`
`A POSITA would also have been motivated to use Olden’s authentication server 24 to perform the verification and
`authentication functions Goldberg’s system requires.
`Goldberg’s system employs a separate database system 28 not only to verify players attempting to access and download game
`software from Goldberg’s web site 308, but also to determine whether those players should be permitted access to (and provided
`with software associated with) an existing game, an existing tournament, or a new game. ….
`Goldberg, however, does not fully detail the structure and functionality of this database system 28.
`Pet. at 59.
`Olden also articulates numerous other benefits deriving from the use of its authentication system.
`Olden’s system “provides out-of-the-box support for Web-based applications” and is “powerful and flexible enough to secure
`proprietary applications.” …
`Olden also explains that its system is “highly … reliable.”
`Pet. at 59.
`Olden’s system also provides a robust logging system that allows the authorization servers to keep track of access requests,
`errors, and various other information.
`Pet. at 62.
`
`3/13/2023
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`39
`
`

`

`Goldberg (Ex. 1004)
`
`Olden (Ex. 1005)
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`40
`
`

`

`Goldberg (Ex. 1004)
`
`Olden (Ex. 1005)
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`41
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`42
`
`

`

`Claim 28
`
`In a software authorization agent, a method of
`regulating a transfer of gaming software between
`two gaming devices, the method comprising:
`receiving a gaming software download request
`message with gaming software transaction
`information from a first gaming device;
`validating the gaming software download request
`using the gaming software transaction information;
`sending an authorization message to the first
`gaming device wherein the authorization message
`includes information indicating whether the first
`gaming device is authorized to transfer the gaming
`software to a second gaming device and wherein the
`first gaming device and the second gaming device
`are from the software authorization agent;
`wherein the gaming software is for at least one of
`a) a game of chance played on a gaming machine,
`b) a bonus game of chance played on a gaming
`machine,
`c) a device driver for a for a device installed on a
`gaming machine,
`d) a player tracking service on a gaming machine
`and
`e) an operating system installed on a gaming
`machine.
`
`3/13/2023
`
`Petition:
`
`[A] POSITA would have been motivated to transmit not only Goldberg’s
`custom HTML files from Web site 308 to user devices, but other, known types
`of web-based software or Goldberg’s viewer program and communications
`daemon. …
`Thus, by incorporating it into Goldberg, more feature rich, customized, and
`interactive games could be sent to users. …
`Further, this software was known to improve plain HTML in it allows for
`more “animated and interactive Web pages.”
`Pet. at 58.
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`43
`
`

`

`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`Pet. at 7.
`
`44
`
`

`

`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`45
`
`

`

`Web Check
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`POR at 17; Ex. 1006, col. 7:1-7.
`
`POR at 36; Ex. 1005, col. 9:10-14.
`
`46
`
`

`

`Petition:
`
`[B]y using D’Souza’s update checking system with Goldberg and Olden’s systems, users could be provided with new,
`updated versions of gaming software whenever that software becomes available.
`Because the software stored on a user’s device would be “up-to-date” (Ex. 1011, 7:1-7), the user would always be
`provided with any new software features made available by Goldberg’s and Olden’s systems.
`A POSITA would recognize that this functionality would be particularly helpful to facilitate Goldberg’s ability to allow
`users to play games at their own convenience at “substantially any time.”
`And, faulty software with errors and bugs could be replaced.
`D’Souza’s system allows for “automated updating” that can occur “unattended” (i.e., without the need for user
`supervision) “at detected idle on-line times.”
`This would have further motivated application of D’Souza to Goldberg and Olden. Because D’Souza’s updating is
`automated, instead of user initiated, critical updates made available by Goldberg’s and Olden’s servers would be
`much more likely to be timely downloaded and installed.
`Pet. at 67-68.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`47
`
`

`

`Goldberg
`
`D’Souza
`
`POR at 36; Ex. 1005, col. 9:10-14.
`
`POR at 17; Ex. 1006, col. 7:1-7.
`
`3/13/2023
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`48
`
`