Documentos de Académico
Documentos de Profesional
Documentos de Cultura
v.
IPR2017-01467
Patent 6,690,400
i
IPR2017-01467 Petition
U.S. Patent 6,690,400
F. Claim 3 is Obvious over Ruff in View of Madden ....................................58
G. Claim 4 is Obvious over Ruff in View of Madden ....................................61
H. Claim 6 is Obvious over Ruff in View of Madden ....................................61
I. Claim 10 is Obvious over Ruff in View of Madden ..................................64
J. Claim 15 Is Obvious over Ruff in View of Madden ..................................65
VIII. CONCLUSION..............................................................................................66
ii
IPR2017-01467 Petition
U.S. Patent 6,690,400
I. MANDATORY NOTICES
A. Real Party-in-Interest
Petitioner) certifies that Unified is the real party-in-interest, and further certifies
that no other party exercised control or could exercise control over Unifieds
participation in this proceeding, the filing of this petition, or the conduct of any
ensuing trial. In this regard, Unified has submitted voluntary discovery. See
B. Related Matters
(Ericsson Complaint) at 7.
eBay Inc. et al. v. Global Equity Management (SA) Pty. Ltd., Case No. IPR2016-
01828 (1828 IPR), where those Petitioners argued that Claims 1, 2, 16, and 28
of the 400 Patent are obvious over certain prior art. On April 21, 2017, the Board
instituted review on Claims 1 and 2 of the 400 Patent in the 1828 IPR. See
EX1007 (1828 IPR Institution Decision). This Petition does not rely on the same
art as in the 1828 IPR, nor does it request review of Claims 16 and 28.
1
IPR2017-01467 Petition
U.S. Patent 6,690,400
Since October 30, 2015, GEMSA has filed lawsuits in the Eastern District of
2
IPR2017-01467 Petition
U.S. Patent 6,690,400
Case Caption Date Filed
3
IPR2017-01467 Petition
U.S. Patent 6,690,400
Case Caption Date Filed
4
IPR2017-01467 Petition
U.S. Patent 6,690,400
Case Caption Date Filed
Additionally, on July 22, 2016, Amazon Web Services, Inc. and VADATA,
Inc. filed suit in the Eastern District of Virginia against GEMSA seeking
Amazon Web Services, Inc. et al. v. Global Equity Management (SA) Pty. Ltd., No.
C. Counsel
Vincent J. Galluzzo (Reg. No. 67,830) will act as lead counsel; Teresa
Stanek Rea (Reg. No. 30,427), Jonathan Stroud (Reg. No. 72,518), and Ashraf
Washington, D.C. 20004, Tel.: (202) 624-2781, Fax: (202) 628-8844 and Unified
5
IPR2017-01467 Petition
U.S. Patent 6,690,400
Patents Inc., 1875 Connecticut Avenue, N.W., Floor 10, Washington, D.C. 20009,
Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
review is sought is available for inter partes review and that Petitioner is not
barred or estopped from requesting an inter partes review challenging the patent
In view of the prior art and evidence presented herein, Claims 14, 6, 10,
and 15 (challenged claims) of the 400 Patent are unpatentable and should be
likelihood that the challenged claims of the 400 Patent are unpatentable and
314(a).
1
The 400 Patent issued from a patent application filed prior to enactment of the
6
IPR2017-01467 Petition
U.S. Patent 6,690,400
Exhibit
Proposed Ground of Unpatentability
Nos.
Claims 14, 6, 10, and 15 are obvious under 35 U.S.C. 103(a) over
EX1003 &
U.S. Patent 5,675,769 (Ruff) in view of U.S. Patent 6,178,503
EX1004
(Madden).
Section VII identifies where each element of the Challenged Claims is found
in the prior art patents, with support from the Declaration of Mr. Kendyl Romn
of the supporting evidence relied upon to support the challenges are provided
above and the relevance of the evidence to the challenges raised are provided in
III. INTRODUCTION
The challenged claims in the 400 Patent recite a graphical user interface
illustrated below:
7
IPR2017-01467 Petition
U.S. Patent 6,690,400
partitions and booting operating systems, the challenged claims do not recite most
of that functionality. What they do claim is admittedly found in the prior art, such
mouse motions by a user. Similar solutions existed in the art for years prior,
2
Unless otherwise noted, all color highlighting and annotations are added.
8
IPR2017-01467 Petition
U.S. Patent 6,690,400
One of those solutions, Ruff, taught GUIs for manipulating disk partitions
EX1003 (Ruff), at Fig. 6. Madden is another solution that shares an inventor with
discrete operating systems using cabinets and partitions such as those disclosed and
controlled by the GUI of Ruff. These two references in combination render the
The 400 Patent generally discloses using GUIs to manage disk partitioning
and operating system booting. As discussed, and as admitted by the 400 Patent,
9
IPR2017-01467 Petition
U.S. Patent 6,690,400
these features were well known prior to September 29, 1999. See, e.g., EX1001
been sold with consumer products and widely used by the public since at least
1984, when Apple Computer began selling the Macintosh desktop computer; many
created and improved GUIs, terminology, designs, and standard practices evolved.
For example, in 1995 Alan Cooper published the textbook About Face: The
GUIs, their uses, and their many optional design choices that designers could
As he and others explain, for convenience and ease of design, GUIs are
graphics such as scrollbars, text windows, and push buttons, which you use to
work with an application. EX1008 (X Window Users Guide), at 266. One early
standardized set of widgets for GUIs was called Motif, as shown below:
10
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. Various widgets can be arranged and combined to make various GUI layouts.
most frequently represented metaphor[, e.g., . . . f]ile cabinet with folders and
documents . . . .). It was well within the skill in the art to select, exchange, and
arrange various widgets, to change those widgets, and to reorder them in various
GUI design choices. EX1002 (Romn Declaration) at 5960; see also EX1003
(Ruff), at 9:6610:4.
B. Disk Partitioning
Computer hard drives and solid-state disks are secondary storage devices
that can be used to boot, i.e., start, a computer and the associated operating system,
such as Windows, Linux, or Mac OS. EX1002 (Romn Declaration) at 82; see
11
IPR2017-01467 Petition
U.S. Patent 6,690,400
3
also EX1011 (183 Patent), at 1:1315. Some secondary storage devices can be
diagram of secondary storage split into three partitions of varying memory size:
Partition 2
Partition 1 Partition 3
Storage Device A
EX1002 (Romn Declaration), at 83. The partitions are defined by their starting
location in the secondary storage device. A partition also has a size, a type (e.g.,
3
U.S. Patent No. 6,401,183 issued to one of the co-inventors of the 400 Patent
(Schumann Rafizadeh), was filed approximately five months before the application
that became the 400 Patent, and discloses a Storage Manager that dynamically
12
IPR2017-01467 Petition
U.S. Patent 6,690,400
As a users memory requirements change (e.g., a file or set of data grows or
shrinks), one must manage these partitions. See id. at 4:1625. One method
involves manually copying the necessary user and system data from the partition to
user can then run a disk utility program to modify the partition table and another
disk utility program to prepare the partition for use. Id. at 4:3740. Finally, the
user copies the data from the temporary location or device back into the modified
confusing and dangerous for many computer users. See id. at 4:455:4. As early
as 1986, methods and applications were developed to let casual users manipulate
partitions safely and easily, EX1002 (Romn Declaration) at 88, solutions that
were improved upon by Apple, Microsoft, and others throughout the 1980s and
(GUI) that includes glyphs, or images, representing data storage devices and their
contents. See EX1001 (400 Patent) at Abstract (This invention is a Graphic User
13
IPR2017-01467 Petition
U.S. Patent 6,690,400
Interface (GUI) that enables a user to virtualize the system and to define secondary
storage physical devices through the graphical depiction of cabinets.). The 400
Patent concedes that these GUIs were known by those skilled in the art of
and booting operating systems. This claimed GUI requires four primary
(60),4 the Cabinet Bar (70),5 the Storage Window (80),6 and the Cabinet
Window (90).7 Also illustrated in Figure 1 are a Main Toolbar (65), and a
4
Called the Main Pull Down Menu Bar 60.
5
Called the Cabinet Selection Button Bar 70.
6
Called the Secondary Storage Partitions Window 80.
7
Called the Active Selected Cabinet Visible Partition Window 90.
14
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at Fig. 1. Other embodiments of the 400 Patent include other windows
elements. See, e.g., id. at Fig. 10 (illustrating a Master Cabinet Visible Partition
Window 91).
In Figure 1, the Cabinet Bar (70) includes buttons (elements 20, 21) that
6:1321.
15
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at Fig. 1. These cabinets in turn represent memory partitions of hard-disk
drives and other secondary storage devices. Id. The Storage Window (80)
illustrates details of the various secondary storage devices and their related
Id. at Fig. 1. The Cabinet Window (90) is a detailed view of the particular cabinet
Id. at Fig. 1.
16
IPR2017-01467 Petition
U.S. Patent 6,690,400
each said at least one virtual cabinet representing a discrete
operating system;
a secondary storage partitions window;
a cabinet visible partition window;
said secondary storage partitions window graphically
illustrating at least one partition of at least one secondary storage
device;
said cabinet visible partition window graphically illustrating a
cabinet record corresponding to a selected virtual cabinet on said
cabinet selection button bar; and
each said at least one cabinet visible partition window
representing an operating system plus application software, databases
and memory configured with said selected virtual cabinet.
Id. at claim 1.
Per the 400 Patent, the claimed GUI enables a user to allocate and manage
the resources of a computer system by defining one or more cabinets, each cabinet
containing one or more partitions of one or more existing software and/or data.
Id. at 5:913. The GUI enables a user to virtualize the system and to define
Id. at Abstract.
before the filing date of the underlying application. For example, the specification
explains the original assignee, Flash Vos, sold a product called the Flash Vos
17
IPR2017-01467 Petition
U.S. Patent 6,690,400
Dynamic or Static Virtual Table of Contents (VTOC) [that] is part of a Storage
of secondary storage. Id. at 2:643:1; see also id. at 2:5358 (Prior art known in
the industry includes . . . Flash Vos Dynamic or Static Virtual Table of Contents.).
predates the 400 Patent, Patent Owner is also the assignee of another patent that
refers to and describes aspects of the 400 Patent. U.S. Patent 7,356,677 by
Rafizadeh (677 Patent) states that the function of the GUI described in the 400
EX1015 (677 Patent) at 7:49, 7:5556. According to the 677 Patent, the 400
Patent describes a graphical user interface that facilitates the use of a Super
Operating System, id. at 7:49, but does not otherwise provide novel
A person of ordinary skill in the art (POSA) for the 400 Patent would
Declaration) at 50.
18
IPR2017-01467 Petition
U.S. Patent 6,690,400
C. Prosecution History
The 400 Patent issued from U.S. Patent Application 09/409,013 (013
Application), which was filed on September 29, 1999. EX1001 (400 Patent) at
cover page. The 400 Patent does not claim the benefit of any prior U.S.,
The 013 Application received a first Office Action rejecting the pending
claims as obvious over a variety of references, EX1016 (400 Patent File History)
at 8692. Four months after the statutory deadline to file a reply, the applicant
petitioned to revive the 013 Application (with Reply).9 Id. at 9697. That Reply
8
The Specification and Inventor Declaration for the 013 Application state that the
and Method for Manipulating Secondary Storage, Ser. No. 90/283,418, Art Unit
2783, filed on Apr. 1, 1999 by Schumann Rafizadeh, assigned to Flash Vos, Inc.
similar text). The New Application Transmittal form does not claim the benefit of
though counsel of record earlier verified that no response ha[d] been filed to the
19
IPR2017-01467 Petition
U.S. Patent 6,690,400
contained statements limiting the scope of the claims and further informed their
filed a Request for Continued Examination, and the Examiner allowed the claims
400 patent, are given their broadest reasonable construction in light of the
Lee, 136 S. Ct. 2131, 214446 (2016) (upholding the use of the broadest
construe patent claims than used in inter partes review. In district court
proceedings, claims are given their ordinary meaning ... as understood by a person
of skill in the art. Cuozzo Speed Techs. at 2142 (quoting Phillips v. AWH Corp.,
415 F.3d 1303, 1314 (Fed. Cir. 2005) (en banc)). Moreover, only those terms that
are in controversy need be construed, and only to the extent necessary to resolve
the controversy. Vivid Techs., Inc. v. Am. Sci. & Engg, Inc., 200 F.3d 795, 803
20
IPR2017-01467 Petition
U.S. Patent 6,690,400
The 400 Patent has been twice interpreted to date: first as construed by the
U.S. District Court for the Eastern District of Texas in Global Equity Management
(SA) Pty. Ltd. v. Expedia, Inc., et al., Case No. 2:16-cv-00095-RWS-RSP (E.D.
Tex. Dec. 22, 2016) (the Expedia Litigation) (EX1017) under the Phillips
While the District Court construed claim terms in claim 1, the Board found no need
likewise believes that express constructions of terms in claims 1 and 2 are not
necessary here for purposes of institution. To the extent Patent Owner argues for a
different claim construction under the BRI, however, the applicable terms
10
Petitioner recognizes that the Board here is not bound by the preliminary
construction in IPR2016-01828.
11
The Board, like the District Court, found that it was unable to construe terms in
21
IPR2017-01467 Petition
U.S. Patent 6,690,400
1189, 119395 (Fed. Cir. 1994) (en banc); see also Williamson v. Citrix Online,
LLC, 792 F.3d 1339 (Fed. Cir. 2015) (en banc). Petitioner also proposes
limitations) in dependent claims not at issue in the Expedia Litigation or the earlier
1828 IPR. Any claim term not specifically discussed below should be given its
preamble simply states the intended use of the invention, as determined in the
1828 IPR and Expedia Litigation. Id. at 25, 27; EX1018 (1828 IPR POPR), at 11
(The preamble here is not limiting); see also TomTom, Inc. v. Adolph, 790 F.3d
1315, 1323 (Fed. Cir. 2015) (a preamble is not limiting where a patentee defines a
structurally complete invention in the claim body and uses the preamble only to
state a purpose or intended use for the invention (quotation marks omitted)). The
22
IPR2017-01467 Petition
U.S. Patent 6,690,400
graphical user interface for displaying means for allocating computer resources).
EX1018 (1828 IPR POPR), at 26; In re Otto, 50 C.C.P.A. 938, 940, 312 F.2d 937,
The intrinsic record supports that the preamble is not limiting. For example,
in prosecution of the 400 Patent, the patentee distinguished the claims from the
prior art using limitations from the body of the claim, rather than any terms from
the preamble. See, e.g., EX1016 (400 Patent File History) at 10712, 14550,
17984; see also Am. Med. Sys. v. Biolitec, Inc., 618 F.3d 1354, 1359 (Fed. Cir.
duplicative of the limitations in the body of the claim (and was not clearly added to
This term should be given its plain and ordinary meaning, and is at least
through the use of virtual table of content pointers, all (or partitions of) shared (or
23
IPR2017-01467 Petition
U.S. Patent 6,690,400
Order) at 3233; EX1018 (1828 IPR POPR) at 1011. See also EX1001 (400
This term should be given its plain and ordinary meaning, and is at least
Litigation and as agreed to by Patent Owner in the earlier IPR. EX1017 (Claim
Construction Order), at 30; EX1018 (1828 IPR POPR) at 23. See also EX1001
(400 Patent) at Fig. 1, 6:1321, 6:5663, 7:3439; EX1016 (400 Patent File
This term should be given its plain and ordinary meaning, and is at least
broad enough to include storage other than main memory, as construed in the
Expedia Litigation and agreed to by the Patent Owner in the 1828 IPR. EX1017
(Claim Construction Order), at 36; EX1018 (1828 IPR POPR) at 10. See also
This term should be given its plain and ordinary meaning, and is at least
broad enough to include a window that depicts secondary storage devices and that
24
IPR2017-01467 Petition
U.S. Patent 6,690,400
is configurable to depict their partitions, as construed in the Expedia Litigation
and agreed to by the Patent Owner in the 1828 IPR. EX1017 (Claim Construction
Order) at 39; EX1018 (1828 IPR POPR) at 29. See also EX1001 (400 Patent) at
Fig. 8, 7:132.
6. partition (Claims 1, 2)
This term should be given its plain and ordinary meaning, and is at least
agreed to by the Patent Owner in the 1828 IPR. EX1017 (Claim Construction
Order) at 48; EX1018 (1828 IPR POPR) at 10. See also EX1001 (400 Patent) at
This term should be given its plain and ordinary meaning, and is at least
broad enough to include a window that depicts one or more virtual cabinets and
that is configurable to depict their files and partitions, as construed in the Expedia
Litigation and as agreed to by Patent Owner in the 1828 IPR. EX1017 (Claim
Construction Order) at 42; EX1018 (1828 IPR POPR) at 27. See also EX1001
25
IPR2017-01467 Petition
U.S. Patent 6,690,400
8. secondary storage device (Claim 1)
This term should be given its plain and ordinary meaning, and is at least
broad enough to include a storage device other than a main memory device, as
construed in the Expedia Litigation and as agreed to by Patent Owner in the 1828
IPR. EX1017 (Claim Construction Order) at 36; EX1018 (1828 IPR POPR) at
2728. See also EX1001 (400 Patent) at 1:5052, 2:16, 3:710, 7:78.
This term should be given its plain and ordinary meaning, and, as the district
through the use of virtual table of content pointers, all (or partitions of) shared (or
Order) at 3233; EX1018 (1828 IPR POPR) at 11. See also EX1001 (400 Patent)
26
IPR2017-01467 Petition
U.S. Patent 6,690,400
B. New Terms
include the recited function manipulating said selected virtual cabinet record
through said cabinet visible partition window and the following corresponding
to add[] partitions, delet[e] partitions, nam[e] the cabinet, assign[] an icon to the
cabinet, configur[e] partitions in the cabinet, defin[e] user access, defin[e] remote
management functions and boot[] the cabinet, in accordance with the Flash Vos
GUI. EX1001 (400 Patent), at 5:2935; see also id. at 7:132, Figs. 8, 9.
This term should be given its plain and ordinary meaning, and is at least
broad enough to include a window that displays the properties of a cabinet, such
as the cabinet name. See EX1001 (400 Patent) at 6:176:19 (FIG. 1 further
depicts Cabinet Property Windows 30, within which are Cabinet Name Window
27
IPR2017-01467 Petition
U.S. Patent 6,690,400
31, Primary Operating System Version Window 32, and Remote Manager Window
include the recited function designating and illustrating one of said at least one
cabinet record as an active selected virtual cabinet and the corresponding structure
or acts described in the specification, such as a visual display for displaying the
icons, and equivalents thereof, as explained below. See EX1001 (400 Patent) at
6:1321; 7:132. Specifically, the 400 Patent discloses displaying at least two
icons to differentiate an active selected virtual cabinet from the other cabinets
Id. at Fig. 1. The visual difference between these two icons, and the displaying of
these two different icons, provides the underlying structure and acts corresponding
to the recited function designating and illustrating one of said at least one cabinet
28
IPR2017-01467 Petition
U.S. Patent 6,690,400
4. means for remote management of any of said multiple
operating systems (Claim 10)
include the recited function remote management of any of said multiple operating
storage size, user time allocation, user privileges, sharing and security of data,
separations of potential users (such as parents and children, teachers and students
management tools such as Intels Landesk, CAs Unicenter, Flash Vos and
Norton Utilities. EX1001 (400 Patent), at 2:2434, 4:26-29; see also id. at 4:12
16 (This GUI window allows the user to use the Internet to remotely select other
systems and organizations that are frequently accessed to be tailored and available
system that allows a computer user to load multiple operating systems from
secondary storage into main memory. See EX1001 (400 Patent) at 1:4951
(Super operating systems allow computer users to load multiple operating systems
29
IPR2017-01467 Petition
U.S. Patent 6,690,400
from secondary storage into main memory.); CCS Fitness, Inc. v. Brunswick
Corp., 288 F.3d 1359, 1366 (Fed. Cir. 2002) (noting the patentee acts as a
lexicographer when the patentee clearly set[s] forth a definition of the disputed
VII. CLAIMS 14, 6, 10, AND 15 ARE OBVIOUS OVER RUFF IN VIEW
OF MADDEN
The following discusses the challenged claims of the 400 Patent, and how
they are rendered obvious in view of the asserted prior art. They are supported by
the evidence cited, including the Declaration of Mr. Kendyl Romn. See EX1002.
A. Overview of Ruff
partition; and other operations. EX1003 (Ruff) at Abstract. Ruff provides a GUI
that allows users who are unfamiliar with technical intricacies to easily
30
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at Fig. 6.
The Ruff GUI includes a vertical Menu Bar (consisting of buttons HELP
and EXIT), a Cabinet Bar (120) (called a partition graph window), a Storage
Window (118) (called a drive box group window), and a Cabinet Window
(130) (called a partition list window). Id. at Fig. 6, 9:5110:26. Like the
embodiment illustrated in Figure 1 of the 400 Patent, Ruff also has a Main
Ruff teaches that its GUI provides information regarding the partitions
presently defined by the partition table, including the names, relative positions, and
31
IPR2017-01467 Petition
U.S. Patent 6,690,400
file system types of the partitions. Id. at 9:5861. While the Cabinet Bar (120)
of Figure 6 shows partitions by indicating their lettered drive name (e.g., C:),
Ruff teaches that other [c]olors or graphical patterns may be used in partition
graph 120 to denote the partitions, as well as a legend 126 that matches colors
Ruff also teaches that the Cabinet Window (130) provides additional information
about the current selected partition, which in Figure 6 is partition C:. Id. at
10:814.
When a user modifies a partition using the GUI of Ruff, the reference
teaches an adjusting step that adjusts the size, location, and contents of the file
and the modified partition. Id. at 6:4952. Ruff then follows the adjusting step
with an exiting step which may force[] the computer to reboot so that changes
in the partition table or file system structures will be detected by the operating
Ruff does not explicitly disclose a GUI that is used to manipulate partitioned
disks associated with different operating systems. But Madden teaches managing
32
IPR2017-01467 Petition
U.S. Patent 6,690,400
B. Overview of Madden
interfaces that have menus, tabs, non-ASCII characters, and other graphical user
provides users with a single menu for all available operating systems and operating
system modes on a given computer. Id. at 5:39. The GUI of Madden is shown
below:
Id. at Fig. 6. Madden contemplates complex GUIs that includes elements not
illustrated in the figures, such as [t]abs, dialogs, property pages, pop-up menus,
33
IPR2017-01467 Petition
U.S. Patent 6,690,400
pull-down menus, scroll bars, radio buttons, push buttons, check boxes, and other
systems and allowing users to select which operating system to boot. Id. at 3:40
41. These operating systems are stored simultaneously on one more hard disks or
other permanent storage devices that are either attached to or accessible (e.g., via
storage devices hold operating systems . . . and other code and data. Id. at 5:59
61. Thus, Madden teaches not only a boot-time operating system selection
software, but also mechanisms for organizing the manner in which the multiple
operating systems are stored on the hard disk(s) including by the use of
partition[s], directories and directory subtrees. Id. at 4:410; see also id. at
8:4759 (To support more than one operating system 100 in a given disk 124
partition, one embodiment breaks out the operating systems 100 into separate
A POSA would have been motivated to combine the teachings of the disk
partition and virtual cabinet manipulation GUI of Ruff with the teachings of
Madden that a virtual cabinet can represent a discrete operating system, and that
one can display that discrete operating system as a menu-selectable item in a GUI.
34
IPR2017-01467 Petition
U.S. Patent 6,690,400
A POSA would have been motivated to make this combination at the time the 013
and teaches that its disclosure can be extended with additional with
(ii) they are in the same field of endeavor and solve the same problems,
As to the first point, a POSA would have read the teachings of Ruff and
cabinets via a GUI having various window and button bar layouts,
While Ruff does not explicitly teach that its GUI virtual cabinets and partitions can
A POSA would have read the teachings of Madden and come away with the
following understandings:
35
IPR2017-01467 Petition
U.S. Patent 6,690,400
Madden teaches the organization of discrete operating systems stored
Therefore, Madden, which was filed more than three years after Ruff, expands on
they relate to operating systems and booting, at least by providing a GUI for
represents a natural outgrowth of the teachings of Ruff to allow not only for
partition and virtual cabinet selection, but also for discrete operating system
A POSA would have been motivated to combine Ruff and Madden in this
way for any number of reasons. The obvious combination would be able to
(1) maintain and manage multiple operating systems on a single computer more
easily, more quickly, and more clearly with less error; (2) maintain separate
operating systems and program files from user files; and (3) easily and quickly
isolate or protect files related to distinct operating systems in the case of corrupted
36
IPR2017-01467 Petition
U.S. Patent 6,690,400
Other reasons include that the underlying structure and functionality of the
computer and storage devices in Ruff and Madden are the same (as they relate to
the operating systems). Id. Another reason is that Madden provides an explicit
consistent with Mr. Romns view of the skill of a POSA, who would easily be
able to create a new GUI layout using a finite set of well-known GUI elements.
programmer will generally make design choices from a number of different ways
to layout and display a limited number of GUI widgets. Id. Third, Madden points
37
IPR2017-01467 Petition
U.S. Patent 6,690,400
which are exact functions of the Ruff GUI as a POSA would understand it. Id. at
133.
While Ruff generally teaches a run-time graphical user interface and Madden
not teach away from the combination of Ruff and Madden. Id. at 132. Madden
explicitly teaches that its GUI may also be used in regular applications that
underlying structure and functionality of the computer and storage devices in Ruff
and Madden are the same (as they relate to the operating systems), regardless of
to combine the references, to further develop the usefulness of the GUI and the
Finally, as alluded to above, Ruff and Madden are in the same field of
endeavor. They share an inventor (Robert S. Raymond) and were assigned to the
same entity (PowerQuest Corporation). They also solve the same problems
38
IPR2017-01467 Petition
U.S. Patent 6,690,400
inherent in manipulating partitions of file systems. This is especially true given the
New OS) and Ruffs functionality as discussed above. Id. at 133. Accordingly,
a POSA would be further motivated to combine Ruff and Madden to arrive at the
claimed GUI of the 400 Patent. See Unwired Planet, LLC v. Google Inc., 841 F.3d
1. Preamble
To the extent the Board finds the preamble limiting, see VI.A.1, supra,
Ruff teaches a GUI that displays at least a portion of the partition table
contents to the user and provide[s] users with feedback regarding the current
EX1003 (Ruff) at 9:4247. The GUI of Ruff displays information regarding the
partitions presently defined by the partition table of the computer device at issue,
including the names, relative positions, and file system types of the partitions.
39
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at 9:5861. The GUI of Ruff also displays a drive group box 118 which
provides the user with information regarding the physical disk drives attached to
the computer, including the drive names. Id. at 9:5154. A user can manipulate
these resources through the use of the Ruff GUI. Id. at 10:1526. Thus, Ruff
teaches a graphic user interface for displaying means for allocating a computer
1.
and to share the computers resources, Madden breaks out the [multiple]
operating systems 100 into separate directories so that they can be booted
Madden, a user can install multiple copies of the same operating system and/or
resources. Id. at Abstract. Thus, Madden also teaches a graphic user interface for
40
IPR2017-01467 Petition
U.S. Patent 6,690,400
b. partitioned on individual virtual cabinets, on said
computer device
To the extent the preamble is deemed limiting, Ruff teaches this portion of
the preamble. The recited virtual cabinets are construed to mean a virtual storage
device, capable of containing, typically through the use of virtual table of content
pointers, all (or partitions of) shared (or non-shared) operating systems, application
The partitions taught by Ruff, such as those shown and indicated by their drive
letter number in Figure 6, e.g., C:, are virtual cabinets within this scope of this
construction.
First, these Ruff partitions are virtual storage devices that are capable of
memorythe Ruff partitions can be located on one or more disks attached to one
or more disk drives, can possess a specified file system type (e.g., FAT), and can
41
IPR2017-01467 Petition
U.S. Patent 6,690,400
be an extended partition or a logical partition. Id. at Abstract, 3:435, 5:55
59, 8:517. Second, the Ruff partitions can also contain all necessary user and
system data which includes without limitation the contents of files created by the
user such as textual documents and spreadsheets, the contents of files required to
run applications such as word processors, and system data such as directory
Declaration), at 121. Further, the Ruff partitions may also contain operating
systems, such as the OS/2 operating system, depending on the size and location
of the partition in the secondary storage drives. See id. at 13:1114, 13:3744.
The GUI of Ruff includes a main menu bar as shown in, e.g., Figure 6, the
vertical Help & Exit Menu Bar, showing the menu buttons HELP and EXIT:
42
IPR2017-01467 Petition
U.S. Patent 6,690,400
As shown, Ruff, like the 400 patent, teaches, a HELP button, and explicitly
teaches an EXIT button, much like the 400 patents File button, another top-
level command. Under the BRI, a POSA would consider the vertical menu of Ruff
to disclose a main menu bar, at least because it contains the same or similar top-
level menu options (e.g., help and exit) typically found under file headers,
functionality for the software, such as exiting and seeking help for the entire
To the extent Patent Owner argues that the vertical Help & Exit Menu Bar
does not meet the recited main menu bar, it would have been an obvious
modification to the vertical Help & Exit Menu Bar to include additional menu
options in an elongate main menu bar. Id. With the finite number of design
choices available to a GUI designer as discussed above in III.B and the well-
43
IPR2017-01467 Petition
U.S. Patent 6,690,400
known relationship between menu items and buttons, including as demonstrated in
Madden and reiterated below, this obvious design choice would have been well
within the ability of a POSA at the time of the 400 Patent invention. Id. at 59
60; see also KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007) (If a person
of ordinary skill can implement a predictable variation, 103 likely bars its
patentability.).
Further, as noted above, prior art references like Madden specifically teach
tabs, pull-down menus, and other design choices such as style, size, and type of
Thus, it would have been obvious to one of ordinary skill in the art to
modify or configure a main menu bar in various locations and configurations, for
light of Madden, a graphic user interface comprising: a main menu bar, as recited
in Claim 1.
44
IPR2017-01467 Petition
U.S. Patent 6,690,400
3. a cabinet selection button bar
The GUI of Ruff discloses the recited cabinet selection button bar, wherein
the term cabinet selection button bar is construed to mean a collection of user-
presently defined by the partition table, including the names, relative positions, and
file system types of the partitions. Id. at 9:5861. Finally, the partitions in
Partition C: is the current selected partition and thus information about that
45
IPR2017-01467 Petition
U.S. Patent 6,690,400
otherwise alter[ing the details] in appearance. Id. at 10:814. A user can interact
with the GUI including selecting the partitions in partition graph 120 by, for
those of skill in the art. Id. at 10:2633. The selectability of the partitions in the
partition graph 120 is confirmed by the fact that a user of the Ruff GUI can also
manipulate the selected partition by moving the edges of the displayed and
right edge
left edge
Id. at Fig. 6; id. at 13:54-64. A POSA reading Ruff would conclude that the virtual
EX1002 (Romn Declaration) at 118. Thus, Ruff teaches the cabinet selection
Ruff teaches this limitation by disclosing the partition graph 120 of Figure
Ruff partitions are virtual cabinets as claimed in the 400 Patent. Second, Ruffs
46
IPR2017-01467 Petition
U.S. Patent 6,690,400
illustrating them as boxes with names and provid[ing] information regarding the
Id. at Fig. 6. Ruff also teaches that other [c]olors or graphical patterns may be
used in the partition graph 120 to denote the partitions, as well as a legend 126
The combination of Ruff and Madden teaches each said at least one virtual
representing virtual cabinets in a GUI by the partition graph 120 of Figure 6 and
accompanying explanation.
Id. at Fig. 6. Ruff also teaches that other [c]olors or graphical patterns may be
used in partition graph 120 to denote the partitions, as well as a legend 126 that
10:4.
47
IPR2017-01467 Petition
U.S. Patent 6,690,400
Madden expands on the teachings of Ruff by teaching a GUI with separate
menu items, or directories, that each represent a discrete operating system. See
items on the menu 604 in Figure 6, indicated by the operating system that they
represent.
See id. at 8:5059, Fig. 6. The applicable operating systems shown are Windows
system, as claimed.
A POSA would have been motivated to combine the GUI of Ruff with the
48
IPR2017-01467 Petition
U.S. Patent 6,690,400
(1) maintaining and managing multiple operating systems on a single computer
more easily, more quickly, and more clearly with less error; (2) assisting in
maintaining separate operating systems and program files from user files; and (3)
helping to easily and quickly isolate or protect files related to distinct operating
Declaration) at 129-30. And one of skill in the art would have been able to do
so, given that Ruff and Madden have the same underlying structure and
To wit, Ruff teaches manipulating partitions via a GUI. See, e.g., VII.A,
supra; EX1002 (Romn Declaration) at 125. While Ruff prepares partitions for a
particular type of file system (e.g., FAT or HPFS), Madden expands on partitions
as they relate to operating systems and booting, providing a GUI for configuring
which was filed more than three years after Ruff, represents a natural development
of the teachings of Ruff to allow not only for partition and virtual cabinet selection,
but also for discrete operating system selection through a GUI menu. Id. at 128.
As discussed in more detail in VII.C, supra, a POSA would have been motivated
to combine Ruff and Madden and would have arrived at the claimed GUI,
49
IPR2017-01467 Petition
U.S. Patent 6,690,400
least one virtual cabinet representing a discrete operating system, as recited in
Claim 1.
the term secondary storage partitions window is construed to mean a window that
partitions. Figure 6, shown below, depicts the drive group box 118 and
partition graph 120. These two elements depict secondary storage devices (i.e.,
drive group box 118 representing secondary physical drives) and their partitions
50
IPR2017-01467 Petition
U.S. Patent 6,690,400
EX1003 (Ruff), at Fig. 6. Drive group box 118 provides the user with
information regarding physical disk drives attached to the computer, including the
regarding the partitions presently defined by the partition table, including the
names, relative positions, and file system types of the partitions. Id. at 9:5861.
This partition graph 120 is configurable to depict the partitions via the
selection of the drive or drives for which partition information is presently being
The GUI of Ruff includes a cabinet visible partition window, where cabinet
visible partition window is construed to mean a window that depicts one or more
virtual cabinets and that is configurable to depict their files and partitions. First,
Ruff partitions are virtual cabinets as claimed by the 400 Patent. See VII.D.2,
supra. Second, in Figure 6 below, the GUI element which contains partition list
51
IPR2017-01467 Petition
U.S. Patent 6,690,400
Partition list 130 provides additional information about the partitions via
incorporates details 132 including the files in Partition C:. Thus, Ruff teaches a
device. In Ruff, the partition graph 120, depicted in Figure 6 below, meets this
limitation.
52
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at Fig. 6. Specifically, the partition graph 120 provides information regarding
the partitions presently defined by the partition table, including the names, relative
positions, and file system types of the partitions. Id. at 9:5861. These Ruff
partitions are contained within the drive or drives currently selected, from drive
box 118. Id. at 9:5356. This partition graph imparts several different categories
of visual information: the left end 122 . . . corresponds to the disk sector at the
lowest physical address . . . while the right end 124 . . . corresponds to the disk
patterns from legend 126 are used to graphically indicate properties of a partition,
such as file system types and free space. Id. at 9:6710:2. Finally, partitions
53
IPR2017-01467 Petition
U.S. Patent 6,690,400
E: and F: in the figure above are enclosed by a box 128 to indicate that they are
box. Id. at 10:47. Thus, Ruff teaches a secondary storage partitions window
The GUI of Ruff includes the cabinet visible partition window graphically
cabinet selection button bar. In Ruff, partition list 130 provides additional
information about the partitions by details 132 regarding the currently selected
shown in Figure 6, partition list 130 illustrates the contents of Partition C:,
54
IPR2017-01467 Petition
U.S. Patent 6,690,400
Id. at Fig. 6. Thus, Ruff teaches a cabinet visible partition window graphically
The GUI of Ruff includes the recited each said at least one cabinet visible
databases and memory configured with said selected virtual cabinet. The Ruff
partitions such as those shown and indicated by their drive letter number in Figure
55
IPR2017-01467 Petition
U.S. Patent 6,690,400
6, e.g., C: can contain all necessary user and system data, which includes
without limitation the contents of files created by the user such as textual
documents and spreadsheets, the contents of files required to run applications such
as word processors, and system data such as directory information. Id. at 4:26
44. A POSA would read this teaching in Ruff and understand that it implicitly
Declaration), at 121. The Ruff partitions may also contain operating systems,
such as the OS/2 operating system, depending on the size and location of the
Figure 6 is Partition C:). Id. at 10:1114. These details include the contents of
the Ruff partition, such as the contents of Partition C:. Id. at Figure 6.
Further, as noted above, prior art references like Madden teach organizing
multiple operating systems in partitions and including the [n]ecessary parts of the
EX1004 (Madden), at 4:415; see also id. at 3:4045, 5:5461. When one of those
operating systems is selected for booting, Madden copies the operating system
code and other files needed to run the selected operating system to a directory
56
IPR2017-01467 Petition
U.S. Patent 6,690,400
from which the operating system boots. Id. at 8:4759. Thus, it would have been
obvious to one of ordinary skill in the art to modify or configure Ruff and its
Therefore, because the partitions of Ruff are virtual cabinets (per VII.D.2,
supra), and can contain operating systems, application software, databases, and
memory configured in the Ruff partitions, and because partitions list 130 illustrates
the contents of a selected Ruff partition, partitions list 130 can therefore represent
with said selected virtual cabinet. Thus, Ruff teaches, or at least renders obvious in
Claim 2 depends from Claim 1. Ruff also teaches the additional limitation
recited in Claim 2. First, Figure 6 of Ruff provides an options box 134 separate
from the partition list 130, discussed in VI.D.8, supra. Second, as discussed in
VI.D.1, Ruff partitions are virtual cabinets as defined by the 400 Patent. Third,
the options box 134 contains a number of options for manipulating said selected
57
IPR2017-01467 Petition
U.S. Patent 6,690,400
virtual cabinet record. EX1003 (Ruff) at 10:1526 (describing the various
Fourth, a POSA in GUI design and programming would only have had a
modification to move the options widget to make it coextensive with the cabinet
visible partition window. Thus, Ruff teaches a means for manipulating said
selected virtual cabinet record through said cabinet visible partition window, as
recited in Claim 2.
Claim 3 depends from Claim 2. As set forth below, Ruff also teaches the
58
IPR2017-01467 Petition
U.S. Patent 6,690,400
1. a main toolbar
The GUI of Ruff includes a main toolbar by the option box 134 or, as
These options buttons in the option box 134 allow for a number of different
functions that relate to the partitions that a user can manipulate with the Ruff GUI:
59
IPR2017-01467 Petition
U.S. Patent 6,690,400
2. a cabinet properties window
The GUI of Ruff includes a cabinet properties window by the legend 126 as
Id. at Fig. 6. As discussed above in VI.A and VI.D.4, this legend 126 indicates
pattern indicated on the Ruff partitions (which are virtual cabinets as defined by the
400 Patent) listed in partition graph 120. Id. at 9:6610:4. Therefore, Ruff
60
IPR2017-01467 Petition
U.S. Patent 6,690,400
G. Claim 4 is Obvious over Ruff in View of Madden
Claim 4 depends from Claim 3. As set forth below, Ruff also teaches the
The GUI of Ruff teaches a mechanism wherein the active selected virtual
cabinet is delineated by a visual indication separate and distinct from the other
virtual cabinet as contemplated by the 400 Patent. Second, the GUI of Ruff
allows a user to click on a partition to make that partition the selected partition.
See id. at 10:814. A selected partition has its details in the partition list 130
current selected partition. Id. at 10:814, Fig. 6. Thus, Ruff teaches a means for
designating and illustrating one of said at least one cabinet record as an active
61
IPR2017-01467 Petition
U.S. Patent 6,690,400
Madden teaches a timer 602 that will count down the number of seconds
after which the operating system 100 will boot when the timer 602 times out.
teach the modification of the timer, Madden does describe a boot.ini file, which
contains the timeout parameter. Id. at 18:1222. Entries in the boot.ini file
may be added, removed, reordered, or modified using switches and other command
line parameters. Id. at 18:3234. Further, the boot.ini file is a feature of the art
which a POSA would be very familiar with and recognize can be modified.
with its duration set by a boot.ini file, which a POSA would recognize is
simpler boot-time GUI of Madden to include more complex GUI elements such as
62
IPR2017-01467 Petition
U.S. Patent 6,690,400
other components may also be made and used according to the
invention.
EX1004 (Madden) at 19:617. These bitmaps 130 discussed by Madden are the
with Mr. Romns view of the skill of a POSA, who would easily be able to create
a new GUI layout using a finite set of well-known GUI elements. EX1002
will generally make design choices from several different ways to layout and
display a limited number of GUI widgets. Id. at 5960. Therefore, for Ruff and
in Claim 6.
63
IPR2017-01467 Petition
U.S. Patent 6,690,400
I. Claim 10 is Obvious over Ruff in View of Madden
Madden teaches that its boot management system and GUI may be used in
added). Thus, the subdirectory containing an operating systems boot code and
files need not be on the computer 102 being booted, but may instead be accessible
A POSA would be motivated to combine Ruff and Madden for at least the
64
IPR2017-01467 Petition
U.S. Patent 6,690,400
J. Claim 15 Is Obvious over Ruff in View of Madden
operating systems and allowing users to select which operating systems to boot.
The multiple operating systems are stored simultaneously on one or more hard
disks or permanent storage devices. Id. at 3:3942. Because there are more
operating systems than the computer can boot and run at one time, a user must
select between operating systems at boot-time. Id. at 3:4547. Thus, the file
A POSA would be motivated to combine Ruff and Madden for at least the
65
IPR2017-01467 Petition
U.S. Patent 6,690,400
VIII. CONCLUSION
Based on the foregoing, Claims 14, 6, 10, and 15 of the 400 Patent recite
Respectfully submitted,
/Vincent J. Galluzzo/
Vincent J. Galluzzo
Registration No. 67,830
Jonathan Stroud
Registration No. 72,518
Ashraf A. Fawzy
Registration No. 67,914
66
IPR2017-01467 Petition
U.S. Patent 6,690,400
Table of Exhibits for Patent 6,690,400 Petition for Inter Partes Review
Exhibit Description
1003 U.S. Patent 5,675,769 to Ruff et al. (Ruff) (filed on February 23, 1995;
published on October 7, 1997)
1008 Valerie Quercia and Tim OReilly, X Window System User's Guide,
Volume 3, Motif Edition (1993) (X Window Users Guide)
1009 Ben Schneiderman, 1998, Designing the User Interface: Strategies for
Effective Human-Computer Interaction, 3rd ed. (Schneiderman)
a
IPR2017-01467 Petition
U.S. Patent 6,690,400
Exhibit Description
1014 Alan Cooper, About Face: The Essentials of User Interface Design
(1995) (Cooper)
1016 File Wrapper for U.S. Patent No. 6,690,400 (400 Patent File History)
1018 Patent Owner Preliminary Response eBay Inc. et al. v. Global Equity
Management (SA) Pty. Ltd., IPR2016-01828 (1828 IPR POPR)
1020 SoftPC with Windows Installation and User Guide (1993) (SoftPC with
Windows User Guide)
1024 Symantec Corp., The Norton Utilities for Macintosh: Users Guide &
Reference (1992) (Norton Utilities)
1025 Connectix Corp., Connectix Virtual PC: Addendum for Version 2.0 for
Power Macintosh (February 1998) (Connectix Virtual PC)
b
IPR2017-01467 Petition
U.S. Patent 6,690,400
CERTIFICATE OF COMPLIANCE
system used to prepare the brief, excluding the parts of the brief exempted by 37
C.F.R. 42.24(a)(1).
/Vincent J. Galluzzo/
Vincent J. Galluzzo
IPR2017-01467 Petition
U.S. Patent 6,690,400
CERTIFICATE OF SERVICE
I hereby certify that on May 30, 2017, I caused a true and correct copy of the
following materials:
42.104
(EX1001EX1025)
listed on PAIR:
/Vincent J. Galluzzo/
Vincent J. Galluzzo