throbber
Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 1 of 16
`
`Exhibit 33
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`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 2 of 16
`
`
`
`Case 1:20-C\{-0(.A[5A~\ Docum'ent 52-3 Filed 04‘0 Page 2 of lGQAU ”2/, C I
`-
`VT
`THEUNITED STATES‘PATENTAND TRADEMARK OFFICE
`149$ {if Q
`InrePATENTAPPLICATIONof
`i
`._
`Huang fl’
`Applicants
`: Miki MULLOR et a1.
`) Customer No.
`it!
`09,164,777
`52%”
`l
`llllllllllllIllllllllllllllllllllll
`October 1, 1993
`i
`“332330“
`METHOD OF RESTRICTING
`i
`RECE'IVED
`7363;709::E:,::m
`
`Group Art Unit
`Examiner
`
`:
`:
`
`2161
`J. Trammell
`
`Atty. Dkt.
`
`:
`
`32130-142820
`
`Assistant Commissioner for Patents
`
`Washington, DC. 22031
`
`Sir:
`
`AMENDMENT
`
`REQUEST FOR EXTENSION OF TIME
`
`Please extend the period for responding to the Office Action dated December 20, 2000 by
`
`two months so that the due date expires May 21, 2001. The requisite extension fee of $195.00
`
`under 37 C.F.R. 1.1? (a) (l) is attached. Should no check be attached, please charge our Deposit
`
`Account 22-0261. Please also deduct any additional fees due or credit any overage to the same
`
`account.
`
`g
`
`Responsive to the Office Action dated December 20, 2000, please amend the application E E
`
`A
`
`E g
`
`g
`
`2
`
`s
`
`ANCORA_00000334
`ANCORA_00000334 ‘
`
`as follows:
`
`IN THE SPECIFICATION
`
`Page 1,1343% rewrite paragraph 2 as follows:
`
`ea
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 3 of 16
`Case 1:20-cv-OO‘ADA Document 52-3 Filed 04‘0 Page 3 of 16
`Amendment ‘
`F
`- US. Application No.: 09!164,777
`
`
`
`Numerous methods have been devised for
`
`the identifying and restricting of an
`
`QM '
`
`unauthorized software program's operation. These methods have been primarily motivated by
`
`the grand proliferation of illegally copied software, which is engulfing the marketplace. This
`
`illegal Copying represents billions of dollars in lost profits to commercial software developers.
`
`
`Pagel , please rewrite paragraph {as follows:
`
`
`cf
`
`
`
`Hardware based products have also been developed to validate authorized software usage
`
`@y by accessing a dongle that is coupled e.g.
`
`to the parallel port of the RC. These units are
`
`expensive,
`
`inconvenient, and not particularly suitable for software that may be sold by
`
`downloading (e.g. over the internet).
`
`
`
`
`
`
`
` /
`
`Page 9, please rewrite paragraph 3 as follows:
`
`The second non-volatile memory includes a license-record-area (9) 6g. which contains
`
`at
`
`least one encrypted license-record (e.g.
`
`three records 10-12).
`
`The volatile memory
`
`m K?
`
`I
`
`accommodates alicenseprogram (16)having licenserecordfields (13-15) appendedthereto. By
`
`way of example said fields stand for Application names (e.g. Lotus 123), Vendor name (Lotus
`
`inc.), and number of licensed copies (1 for stand alone usage, >1 for number of licensed users for
`
`a network application).
`
`
`Pa e 9, please rewrite paragraph 4 as follows:
`
`
`//
`
`\\
`V
`
`Those versed in the art will readily appreciate that the license record is not necessarily
`
`bound to continuous fields.
`
`In fact, the various license content components of the data record
`
`may be embedded in various locations in the application. Any component may, if desired, be
`
`encrypted.
`
`
`he
`
`ANCORA_00000335
`ANCORA_00000335
`
`

`

`_ Case 1:20-cv70(.-ADA Document 52-3 Filed 0480 Page 4 of 16
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 4 of 16
`me’ndmeht ‘
`
`.8. Application No.: 091164,???
`
`/"
`
`
`
`The bureau forms the proposed license-record from the contents, encrypts (utilizing
`
`C)
`%
`
`predetermined encryption algorithm) the so formed license-record using the key (8), and
`compares the so formed encrypted license-record with the license-record (10-12). The bureau
`
`generates an overlay according to the result of the comparison indicating successful comparison,
`
`non-critical failure comparison and the critical failure comparison.
`
`IN THE CLAIMS:
`
`Please amended the claims as follows:
`
`5 w {5 \
`
`1.
`
`(Amended) . A method ofrestrictin_" ofiware operation within a licensefor use - “—
`
`pr ith a computer including a first, non erasable, n-volatile memory area, a second, non-
`
`rasable non-volatile memory area, and a vol. ' ile memory area; the first non volatile memory
`
`ccomodates data that includes unique ke ; the method comprising the steps of:
`
`selecting a program residing i
`
`e volatile memory,
`
`setting up a verification st
`
`- ture in the second non-volatile memory , the verfication
`
`
`
`.tructure accommodates data
`
`at includes at least one license record,
`
`verifying the progr
`
`using at least said verification structure, and
`
`acting on the pr gram according to the verification.
`
`Please add the following new claims:
`
`'
`
`16q
`
`L '
`
`I’
`
`16.:
`
`(New)
`
`The method acco ing to Claim 1, wherein the unique key includes
`
`___..._...
`
`_' a ps udo-unique key.
`
`l7
`
`ANCORA_00000336
`ANCORA_00000336
`
`

`

`.|!
`
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 5 of 16
`Case l:20-cv-00.'>ADA Document 52-3 Filed OM‘O Page 5 of 16
`
`05/31/2001 11:41 FAX 2029823300
`
`VENABLE
`
`.002
`
`Amendment
`
`US. Application No.3 091'1 64,777
`
`17.
`
`(New)
`
`_
`
`The method according to Claim 1,
`
`
`
`
`a verification record, including the license record, includes one
`
`said program using at least said key.
`
`18.
`
`(New)
`
`The method according to Clai
`
`
`
`
`
`1, wherein said step of verifying
`
`the program includes decrypting the license record data acc
`
`odated in said second non
`
`.
`
`volatile memory using at least said unique _key.
`
`
`
`19.
`
`(NBW)
`
`The method awarding to
`
`
`
`aim 1, wherein said step of verifying
`
`at least said unique key.
`
`the program includes encrypting the license record that i accommodated in said program using
`
`
`A method fer restrictin access to a software program, comprising:
`
`20.
`
`(New)
`
`storing a pseudo-mfique key in a first non-yo tile memory area of a computer;
`I
`
`selecting a software program residing in a v atile memory area of the computer;
`
`
`
`encrypting the license information using
`
`c pseudo-uni qne key;
`
`computer;
`
`storing the encrypted pseudo—unique key 111 a second non-volatile memory :Lrea of the
`
`verifying the software program using ased on the encrypted pseudo-uniqu 3 key; and
`
`
`
`acting on the software program base on the verification.
`
`ANCORA_00000337
`ANCORA_00000337
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 6 of 16
`_.
`Case l:20-cv-00.—ADA Document 52-3 Filed 04‘0 Page 6 of 16
`Amendment '
`'
`- US. Application No.: 09f164,777
`
`REMARKS
`
`Claims 1-15 stand rejected. By this Amendment, claim 1 has been amended, claims 14
`
`and 15 have been canceled and new claims 16-20 have been added to the application. Claims 1-
`
`13 and 16-20 are therefore pending.
`
`It is believed that each of the pending claims define an
`
`invention which is novel and unobvious over the cited art. Favorable reconsideration of this case
`
`is respectfully requested.
`
`The specification has been reviewed and edited to eliminate minor inaccuracies and
`
`typographical errors.
`
`The present invention provides a method and system for identifying and restricting
`
`operation of an unauthorized software program. In a preferred embodiemt, a key resides in a
`
`first non-volatile part of a computer's memory. The non-volatile memory being typically, but not
`
`necessarily, a stand alone module which is not erasable and therefore caimot be modified (see the
`
`present specification, page 9, lines 3 to 7). A verification structure is formed to include one or
`
`more license records, described below, and resides in a second non-volatile part of the memory,
`
`(see the present specification, page 9, lines 8 to 10). The second non-volatile part is erasable and
`
`therefore license data in the verification structure can be modified. For example, license data
`
`may be added or modified as required, for example, when new licenses are added or expire. The
`
`license records are obtained by encrypting license records extracted from the software program
`
`with the key stored in the first non-volatile part of the computer's memory, page 9 lines 19 to 21.
`
`The key may be of many possible variants (see, for example, the options elaborated in the
`
`bridging paragraph between pages 6 and 7 of the specification). The key may also be used for
`
`encryption of licenSe record or decryption of encrypted license record all as required and
`
`appropriate (see, e.g. page 7 lines 20, 21). Moreover, the contents of the license record is very
`
`flexible (see e.g. page 10 lines 17 to 25). The specification explains other advantages of the
`5
`
`ANCORA_00000338
`ANCORA_00000338
`
`

`

`..
`
`Case l:20-cv-00.ADA Document 52-3 Filed 04‘0 Page 7 of 16
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 7 of 16
`Amendment '
`I.
`
`~ US. Application No.: 091164,???
`
`. invention in more detail.
`
`Claims 1-4, 6 and 10-13 have been rejected under 35 U.S.C. 102(e) as being unpatentable
`
`over US. Patent No. 5,892,900 to Ginter et a1.
`
`Ginter et a1. do not anticipate the present invention as they do not disclose, among other
`
`things, setting up a verification structure and verifying the program using the verificatiOn
`
`structure as recited in the rejected claims.
`
`Ginter et a1. provide a system and method for secure electronic transaction management
`
`and electronic rights protection. Ginter’s method provides “machine bound” delivery of content
`
`or software through what they call “Stationary Object” (col. 136, lines 64-66 and Fig 18). A
`
`stationary object is an object bound to a specific machine. The main security measure used to
`
`protect the content of a “Stationary Object” from illegal use is to encrypt it according to the
`
`target’s unique key (col. 137, lines 45-50).
`
`“For example, a container that is bound by its control to a specific VDE node is called a
`
`“stationary Object (see Fig 18)” (col. 136, lines 64-66). “Fig 18 shows an example of a
`
`“stationary object” structure 850 provided by the preferred embodiment. ‘Stationary Object”
`
`structure is intended to be used only at specific VDE electronic appliance!installations that have
`
`received eXplicit permissions to use one or more portions of the stationary object...” (col. 137,
`
`lines 23-28)
`
`“This private body (method) section 806 is preferably encrypted using one or more private body
`
`keys contained in the separate permissions record 808. The data blocks 812 contain content
`
`(information or administrative) that may be encrypted using one or more content keys also
`
`provided in permissions record 808.”
`
`Accordingly, in Ginter et al., software distributed through a stationary object is encrypted
`
`for the specific machine therefor “bound” to it. “ Objects may be classified in one sense based on
`6
`
`ANCORA_00000339
`ANCORA_00000339
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 8 of 16
`Case 1:20-cv:0(‘ADA Document 52-3 Filed 04‘0 Page 8 of 16
`
`Amendment '
`- US. Application No.: 09f164,777
`
`whether the protection information is bound together with the protected information" (Ginter,
`
`col. 136, line 62).
`
`Consequently, this method suffers from the deficiency that it is incompatible with free
`
`“out of channel” or “retail channel” distribution. In the latter mode of operation, it is often
`
`desired to broadcast a single version of the software to all the subscribers, rather than a machine
`
`bound (and obviously different) version for each subscriber that is required by Ginter et al. In
`
`other words, the “Stationary Object” aspect of Ginter has the shortcoming, among others, that it
`cannot support a business model where the distributor doesn’t know the final target machine.
`
`Therefore, the system and method will not be able to freely distribute the software, such as
`
`happens in retail and software companies that ships millions of copies.
`
`Ginter itself acknowledges that the problem with “Stationary Objects” therefore suggests
`
`a second method named “Traveling Objects” (col. 136, line 66 - col. 137, line 3, and fig. 19). A
`
`“Traveling Object” is an object that contains the information needed to use its content:
`
`“a container that is not bound by its control information to a specific VDE node but rather carries
`
`sufficient control and permissions to permit its use, in a whole or in part, at any of several sites is
`
`called a “Traveling Object” (Ginter, col. 136, line 66 - col. 137, line 3). A traveling object
`
`allows shipping the content to unknown destinations by encrypting the content with the same key
`
`again and again. However, Ginter uses an encryption technique in the “Traveling Obj eet”
`
`feature in which the key is incorporated in the distributed objects. Ginter acknowledge the
`
`shortcomings of this solution to wit:
`
`“In the case of a “traveling object”, content owners may distribute information
`with some or all of the key blocks 810 included in the object 300 in which the
`content is encapsulated. Putting keys in distributed objects 300 increases the
`exposure
`to attempts
`to defeat
`security mechanisms
`by breaking
`or
`cryptoanalyzing the encryption algorithm with which the private header is
`protected (e.g., by determining the key for the header’s encryption). This breaking
`of security would normally require considerable skill and time, but if broken, the
`7
`
`ANCORA_00000340
`ANCORA_00000340
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 9 of 16
`Case 1:20-cv700.ADA Document 52-3 Filed 04‘0 Page 9 of 16
`Amendment '
`- US. Application No.: 09f164,?77
`
`algorithm and key could be published so as to allow large numbers of individuals
`who possess objects that are protected with the same key(s) and algorithm(s) to
`illegally use protected information. (Col. 139, lines 38 to 50).”
`
`Ginter admits that this solution can thus be used only with limited type of software which
`
`is not commercially valuable, to wit:
`
`“As a result, placing keys in distributed objects 300 may be limited to content that
`is either “time sensitive” (has reduced value after the passage of a certain period
`of time), or which is somewhat limited in value, or where the commercial value of
`placing keys in objects (for example convenience to end-users, lower cost of
`eliminating the communication or other means for delivering keys andfor
`permissions information andfor the ability to supporting objects going “out-of
`channel”) exceeds the cost of vulnerability to sophisticated hackers.
`(C01. 139,
`lines 50 to 59).”
`
`The present invention differs from and overcomes the deficiencies associated with the
`
`stationary object and traveling object methods described in Ginter et al. In the present invention,
`
`a unique key is stored in the first non-volatile memory of the computer. A software program in
`
`the volatile memory of the computer is selected. A license record is extracted from the software
`
`program and encrypted using the unique key stored in the computer (see new independent claim
`
`20). Thus, the software program is not machine bound as is required by the stationery object
`
`method, nor is the same key used over and over to encrypt the software as is the case with the
`
`traveling object.
`
`In the present method, the verification structure is formed by using a unique
`
`key for each computer and license record information in the software.
`
`Moreover, in col. 70, line 23 — col. 'r'l, line 25 Ginter et al. describe the architecture as
`
`add-on hardware which is named “SPU”(col. 63, line 66 — Col. 64, line 15). C01. 64, lines 16-21
`
`explicitly detail the fact that the SPU is a hardware add-on, not part of the PC. In col. 70 Ginter
`
`et a1. describes the memory architecture for the SPU and uses terms taken from the PC
`
`engineering world. However, this is not referring to those actual PC components which name is
`
`usedin their design.
`
`ANCORA_00000341
`ANCORA_00000341
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 10 of 16
`Case 1:20-cv-00 - ADA Document 52-3 Filed 04‘0 Page 10 of 16
`Amendment
`I
`- US. Application No.: 09f164,777
`
`In view of the above, it is clear that Ginter et a1 do not describe the step of Setting up a
`
`verification structure. The portions of Ginter et al. referred to by the Examiner all describe the
`
`elements of the proprietary hardware of Ginter et a1. These portions of Ginter et al. do not
`
`describe setting the verification structure in memory, they describe basic functionality of a
`
`common CPU that loads code to memory and executes it.
`
`Furthermore, it is clear that Ginter et al. do not describe the step of verifying the program
`
`using the verification structure. There is no mention whatsoever in Ginter et al. in col. 70, lines
`
`23-53 and col. 63, line 6? - col. 64, line 15 referred to by the Examiner of a process where a
`
`software program verifies its authenticity using a license (verification structure) stored in the
`
`second volatile non-volatile memory. The functionality described in these portions of Ginter et
`
`a1. is the different fimctionality that add-on hardware, referred to as SPU, can perform. There no
`
`specific discussion as to how the functionality is performed and whether it is actually has
`
`something to do with protecting software.
`
`In contrast to Ginter et al., the present invention provides a system and method which not
`
`only enables free distribution of the software (such as happens in retail stores, and software
`
`companies that ship millions of copies), that overc0mes the problems with the stationary object
`
`in Ginter et al., but also does not suffer from the limitations of incorporating the key in the
`
`distributed data as is the case with the traveling object of Ginter et a1. Moreover, the steps of
`
`setting up a verification structure and using that Structure for verification are clearly recited in
`
`the rejected claims
`
`For example, independent claim 1 recites a method of restricting software operation
`
`within a license limitation. The method is useful f0r a computer including a first, non-erasable,
`
`non-volatile memory area, a second, erasable, non-volatile memory area, and a volatile memory
`
`area. The first non-volatile memory accommodates data that includes unique key. According to
`9
`
`ANCORA_00000342
`ANCORA_00000342
`
`

`

`Case 1:20-cv-_OO‘DA Document 52-3 Filed 04/“ Page 11 of 16
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 11 of 16
`I Amendment
`~ U.S. Application No.: 09f164,7??
`
`the method of the invention, a program residing in the volatile memory is selected. A
`
`verification structure is set up in the second non-volatile memory. The verification structure
`
`accommodates data that include at least one license record. The program is verified using at
`
`least the verification structure. Based on the verification, the program is acted on accordingly.
`
`Additionally, new independent claim 20 recites additional features not disclosed in Ginter
`
`et al.
`
`In claim 20, a method for restricting access to a software program is defined. The
`
`method includes storing a pseudo-unique key in a first non-volatile memory area of a computer.
`
`A software program residing in a volatile memory area of the computer is selected. License
`
`information is extracted from the software program. The license information is encrypted using
`
`the pseudo-unique key. The encrypted pseudo-unique key is stored in a second non-volatile
`
`memory area of the computer. The software program is verified using based on the encrypted
`
`pseudo-unique key and the software program is acted on based on the verification.
`
`Thus,
`
`in the method recited in claim 20,
`
`license information is extracted from the
`
`software program and encrypted using a key stored on the computer. Applicants review of the
`
`cited references did not reveal any description of _ extracting information from a program,
`
`encrypting the information using a key stored on the computer, and storing the encrypted
`
`information on the computer. There is no description in the cited references of the steps of
`
`“extracting license information from the software program” and “encrypting the license
`
`information using the pseudo-unique key” as is recited in new claim 22.
`
`No claim recitation can be ignored in determining anticipation. See Pac-Tex, Inc. v.
`
`Amerace Com., l4 U.S.P.Q.2d 187, (Fed. Cir. 1990). Anticipation requires the disclosure, in a
`
`prior art reference, of each and every recitation as Set forth in the claims. See Titanium Metals
`
`Corp. v. Banner, 227 U.S.P.Q. 773 (Fed. Cir. 1985), Orthokinetics, Inc. v. Safety Travel Chairs,
`
`10
`
`ANCORA_00000343
`ANCORA_00000343
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 12 of 16
`Case 1:20-cv-00.ADA Document 52-3 Filed 04/‘0 Page 12 of 16
`Amendment
`. US. Application No.: 09l164,777
`
`Inc.
`
`1 U.S.P.Q.2d 1081 (Fed. Cir. 1986), and Akzo N.V. v. US.
`
`International Trade
`
`Commissioner, 1 U.S.P.Q.2d 1241 (Fed. Cir. 1986).
`
`There must be no difference between the claimed invention and reference disclosure for
`
`an anticipation rejection under 35 U.S.C. 102. See Scripps Clinic and Research Foundation v.
`
`
`Genentech Inc., 18 U.S.P.Q.2d 1001 (CAFC, 1991) and Studiengesellschaft Kohle Gmbl—I v.
`
`Dart Industries, 220 U.S.P.Q. 841 (CAFC, 1984).
`
`In view of the above discussion, it is clear that the cited reference does not teach each and
`
`every element recited in the claims as required by 35 U.S.C. 102(e). Therefore, the withdrawal
`
`of the rejection of claims 1-4, 6 and 10—14 under 35 U.S.C. 102(e) is respectfully requested.
`
`Claims 5 and 7-9 have been rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Ginter et al. in view of Goldman et al.
`
`Claims 5 and 7-9 depend from independent claim 1 and would patentable for at least the
`
`reasons discussed above regarding independent claim 1.
`
`Goldman et a1. do not supplement Ginter et al. to teach or suggest the features as recited
`
`in the rejected claims.
`
`Claims 14 and 15 have been rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Ginter et al in view of Goldman et a1.
`
`Claims 14 and 15 have been canceled, rendering this rejection moot.
`
`In view of the above discussion, it is clear that the cited references, taken alone of in
`combination, do not render the present
`invention obvious. Therefore the withdraw of this
`
`rejection is respectfully requested.
`
`Attached hereto is a marked-up version of the changes made to the specification and
`
`claims by the current amendment. The attached page is captioned “Version with markings to
`
`show changes made.”
`
`1 1
`
`ANCORA_00000344
`ANCORA_00000344
`
`

`

`.
`
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 13 of 16
`Case 1:20-cv-00.ADA Document 52-3 Filed 04/‘0 Page 13 of 16
`Amendment
`"
`'
`'
`~ U.S. Application No.: 09/164,777
`
`In View of the foregoing, reconsideration and allowance of this application are believed in
`
`order, and such action is earnestly solicited.
`
`The Commissioner is authorized to charge any fee necessitated by this Amendment to our
`
`Deposit Account No. 22-0261.
`
`Respectfully submitted,
`
`VENABLE, Attorneys at Law
`
`
`
`
`rt Kinberg
`R0
`Registration No. 26,924
`PO. Box 34385
`
`
`
`Washington, DC. 20043 -9998
`Telephone 202-962-4800
`Telefax 202-962-8300
`
`RK/JAK/lrh
`#289169
`
`12
`
`ANCORA_00000345
`ANCORA_00000345
`
`

`

`Case 1:20-cv-00‘ADA Document 52-3 Filed 04/‘3 Page 14 of 16
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 14 of 16
`.ApplfNo'. 69x164n7r
`‘
`‘
`'
`
`/;
`
`VERSION WITH MARKINGS TO SHOW CHANGES MADE
`
`IN THE SPECIFICATION
`
`Page 1, please rewrite paragraph 2 as follows:
`
`Numerous methods have been devised for
`
`the identifying and restricting of an
`
`unauthorized software program’s operation. These methods have been primarily motivated by
`
`the grand proliferation of illegally copied software, which is engulfing the marketplace. This
`
`illegal copying represents billions of dollars in lost profits to commercial soflware developers.
`
`Pagel , please rewrite paragraph 3 as follows:
`
`Hardware based products have also been developed to validate authorized software usage
`
`by accessing a donglekthat is coupled e.g.
`
`to the parallel port of the RC. These units are
`
`expensive,
`
`inconvenient, and not particularly suitable for software that may be sold by
`
`downloading (e.g. over the intemet).
`
`Page 9, please rewrite paragraph 3 as follows:
`
`The second non-volatile memory includes a license—record-area (9) e.g. feHhe—eentaining
`
`ef— which contains at least one encrypted license-record (e. g. three records 10-12). The volatile
`memory accommodates a license program (16) having license record fields (13-15) appended
`
`thereto. By way of example said fields stand for Application names (e.g. Lotus 123), Vendor
`
`
`name (Lotus inc), and ne~number of licensed copies (1 for stand alone usage, >1 for number of
`
`licensed users for a network application).
`
`Page 9, please rewrite paragraph 4 as follows:
`
`Those versed in the art will readily appreciate that the license record is not necessarily
`
`bound to mantles-continuous fields. In fact, the various license content components of the data
`
`ANCORA_00000346
`ANCORA_00000346
`
`

`

`1 .
`
`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 15 of 16
`I_App-li'catior1No.:09fl64,77
`'
`'
`
`Case 1:20-cv-00’ADA Document 52-3 Filed 04/‘0 Page 15 of 16
`
`record may be embedded in various locations in the application. Any component may, if desired,
`
`be encrypted.
`
`Page 9 and continuing on page 10, please rewrite paragraph 7 as follows:
`
`The bureau forms the proposed license-record from the contents, encrypts (utilizing
`
`predetermined encryption algorithm) the so formed license-record using the key (8), and
`compares the so formed encrypted license-record with the license-record (10-12). The bureau
`
`generates an overlay according to the result of the comparison indication—indicating successful
`
`comparison, non-critical failure comparison and the critical failure comparison.
`
`_
`
`IN THE CLAIMS:
`
`Please amended the claims as follows:
`
`1.
`
`(Amended)
`
`A method of restricting software operation within a license
`
`
`iimitation—eempeisingefor use with a computer including having-a first non erasable non-
`
`
`volatile memory area, a second non-erasable non-volatile memory area, and a volatile memory _
`
`area; the first non volatile memory accomodates data that includes unigue key, the method
`
`comprising the steps of:
`
`selecting a program residingjn the volatile memory.
`
`
`setting up a verification structure in the second non-volatile memory memories, the
`
`verfication structure accommodates data that includes at least one license record
`
`verifying the program using at least said verification structurethe—st-meture, and
`
`acting on the program according to the verification.
`
`Please add the following new claims:
`
`ANCORA_00000347
`ANCORA_00000347
`
`

`

`Case 1:20-cv-00034-ADA Document 52-3 Filed 04/27/20 Page 16 of 16
`Application No.: 09116437
`
`Case 1:20-cv-00‘4DA Document 52-3 Filed 04/‘0 Page 16 of 16
`
`16.
`
`ew
`
`The method accordin to Claim 1 wherein the uni ue ke includes
`
`a pseudo-unique key.
`
`17.
`
`ew
`
`The method accordin to Claim 1 wherein said ste of settin u
`
`
`
`a verificatiou record includin the license record includes encr tin a license record data in
`
`said program using at least said key.
`
`18.
`
`ew
`
`The method accordin to Claim 1 wherein said ste of verif in
`
`the program includes decrypting the license record data accommodated in said second non
`
`volatile memory using at least said unigue key.
`
`19.
`
`(flew)
`
`The method according to Claim 1, wherein said step of verifying
`
`the program includes encrypting the license record that is accommodated in said program using
`
`at least said unigue key.
`
`20.
`
`ew
`
`A method fer restrictin access to a software ro ram com risin :
`
`storing a pseudo—unigue key in a first non-volatile memory area of a computer;
`
`selecting a software pro gram residing in a volatile memory area of the computer;
`
`extracting license information from the software pro gram;
`
`encrypting the license information using the pseudo-unigue key;
`
`storing the encrypted pseudo-migue key in a second non-volatile memory area of the
`
`computer;
`
`verifflng the software program using based on the encrypted pseudo-unigue key; and“
`
`acting on the software program based on the verification.
`
`3
`
`ANCORA_00000348
`ANCORA_00000348
`
`

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