Invalidity dossier
US 6085318
Computer system capable of booting from CD-ROM and tape
Current assignee: Compaq Computer Corp, Hewlett Packard Development Co LP
Added 7/4/2026, 9:58:41 AM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
Here is a concise summary of US Patent 6,085,318:
- Title: Computer system capable of booting from CD-ROM and tape
- Assignee: Hewlett Packard Development Co LP (Current Assignee)
- Inventors: Kerry B. Vander Kamp, Roberta W. Hensley, Curtis R. Jones
- Filing Date: 1997-10-24
- Issue Date: 2000-07-04
- Abstract: The patent describes a computer system that can boot from commercially available CD-ROMs or tapes without requiring modifications to the ISO standard or specialized software. A bootable CD-ROM, according to the invention, includes an ISO-defined boot record located within the system area, which is a writable region. The computer's operating code scans the CD-ROM's initial sectors for this boot record. Floppy disk boot images are stored at the end of the primary volume space. The boot code within the boot record identifies the volume size and the correct floppy image to use, then determines its location. The system then boots using this floppy image.
Plain-Language Overview of Independent Claims:
Independent Claim 1 (System): This claim describes a computer system designed for booting from alternative media. It includes a microprocessor, system memory, a traditional "first" mass storage device (like a disk drive), and a "second" mass storage device (like a CD-ROM or tape drive). The second device reads a medium that has a special boot record and an "image" that acts like the first storage device. The boot record contains information to help find and access this image. The system's boot memory has specific instructions to:
- Check if a boot record is present on the second storage medium.
- Load information from this boot record into the system's memory.
- Determine where the emulated storage device image is located on the second storage medium using the loaded boot record information.
- Load the initial boot code from this image.
- Make the microprocessor run this boot code to load any other necessary software from the image.
Independent Claim 14 (Method of CD-ROM Booting): This claim outlines a method for a computer system (with a disk drive and a CD-ROM drive) to boot from a CD-ROM. The steps involve:
- Identifying that the CD-ROM drive is the intended device for booting.
- Locating a "disk image" on the CD-ROM, which functions as a bootable disk.
- Loading the operating system from this CD-ROM.
- Starting the computer using that operating system.
- Loading specific program instructions to control the CD-ROM drive.
- Reconfiguring the system so that the original disk drive can be used fully after the boot process.
Independent Claim 21 (Method of Emulation Booting): This claim describes a method for booting a computer from a second mass storage device by making it temporarily act like a first mass storage device. The steps include:
- Recognizing the second mass storage device as the desired boot device.
- Configuring this second device to emulate, or act like, the first mass storage device.
- Issuing a common type of command (referred to as a "first type of command," like an INT 13 interrupt) from the microprocessor, targeting the second mass storage device.
- In response, booting the computer from the second mass storage device.
- Reconfiguring the second mass storage device so it no longer emulates the first device.
- Using the "first type of command" to control the actual first mass storage device.
- Using a "second type of command" (different from the first) to control the second mass storage device.
Independent Claim 30 (CD-ROM Data Structure): This claim defines the structure of a CD-ROM designed to hold data for a computer's boot operation. The CD-ROM contains:
- A data structure composed of information spread across multiple sectors.
- Several "system sectors."
- A primary volume descriptor.
- A "disk image" that includes boot code and is designed to mimic a bootable disk.
- A boot record that contains information specifically for determining the exact location of this disk image.
USPTO and CAFC 2026 Docket Search:
A search of public records, including the Google Patents record which pulls legal status, indicates that US Patent 6,085,318 has "Expired - Lifetime" status, with an anticipated expiration date of 2013-09-10. Given its expired status, it is highly unlikely to be involved in new litigation for direct infringement in CAFC 2026 dockets. While the patent family has previously been involved in litigation (e.g., US International Trade Commission case 337-TA-509), there is no authoritative information available indicating active litigation for this specific patent in the CAFC 2026 dockets.
Generated 7/4/2026, 12:45:31 PM
Cases on file (1)
Group view →Specific litigation cases in our database that name US patent 6085318. The free-form analysis below may also discuss cases beyond this list.
- 337-TA-509International Trade Commission (ITC)filed
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
Litigation involving US Patent 6085318:
Based on the search results, US Patent 6085318 has been involved in litigation before the International Trade Commission.
- Plaintiff(s): Compaq Computer Corp (Original Assignee) / Hewlett Packard Development Co LP (Current Assignee)
- Defendant(s): Not specified in the provided snippet.
- Jurisdiction: International Trade Commission (ITC)
- Case Number: 337-TA-509
- Filing Date: Not explicitly stated for this specific case in the provided snippets, but the application was filed by Compaq Computer Corp on 1997-10-24.
- Outcome or Current Status: The Google Patents entry for US6085318 indicates "Family has litigation" and specifically mentions a "US case filed in International Trade Commission" with case number 337-TA-509. The patent itself is listed as "Expired - Lifetime" with an anticipated expiration date of 2013-09-10. The provided search results do not offer a detailed outcome or current status of this specific ITC case beyond its filing.US Patent 6085318 has been involved in litigation before the International Trade Commission (ITC).
Here is the known litigation information:
- Plaintiff(s): While not explicitly named as the plaintiff in the ITC case details, Compaq Computer Corp was the original assignee and Hewlett Packard Development Co LP is the current assignee of the patent.
- Defendant(s): Not specified in the provided information.
- Jurisdiction: International Trade Commission (ITC)
- Case Number: 337-TA-509
- Filing Date: The filing date for this specific ITC case is not explicitly provided in the search results. However, the patent's application was filed by Compaq Computer Corp on October 24, 1997.
- Outcome or Current Status: The Google Patents record indicates that a "US case filed in International Trade Commission" exists for this patent under case number 337-TA-509. The patent itself is listed as "Expired - Lifetime" with an anticipated expiration date of September 10, 2013. No further details regarding the outcome or current status of this specific ITC case are available in the provided search snippets.
Generated 7/4/2026, 12:45:24 PM
Proceedings on file (0)
All PTAB activity →AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.
Current assignee: Compaq Computer Corp, Hewlett Packard Development Co LP
No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.
PTAB challenges
AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.
Proceedings overview
There are no AIA trial proceedings on file for US Patent 6,085,318 as of the most recent ingest via the USPTO ODP API. Web searches for "US6085318 PTAB", "US6085318 IPR", "US6085318 PGR", and "US6085318 CBM" did not surface any older or recently-filed proceedings either. This indicates that the patent has not been subjected to inter partes review (IPR), post-grant review (PGR), or covered business method (CBM) review proceedings. The bottom-line defensive posture for a defendant is that all claims of the patent remain untested by AIA trial proceedings.
Strategic summary
The USPTO Open Data Portal API reports no AIA trial proceedings for US Patent 6,085,318. Extensive web searches also did not reveal any IPR, PGR, or CBM cases associated with this patent. This absence means that all 35 claims of US6085318 are currently untested by AIA trial proceedings. The patent has not been challenged at the PTAB, meaning no claims have been canceled or sustained through these specific mechanisms.
Regarding the estoppel landscape, since no AIA trials have been initiated, there is no estoppel under 35 U.S.C. § 315(e)(2) for potential petitioners. Any defendant or third party is free to challenge the patent using prior art grounds that could have been raised in an IPR or PGR, provided they meet the statutory requirements for filing such a petition. There is no pattern of PTAB activity to analyze, as no proceedings have been found.
Recommended next steps
No PTAB activity exists for US Patent 6,085,318. This absence is a significant signal; patents that are actively asserted or widely licensed often become targets for IPRs or PGRs. A defendant currently facing assertion of this patent should:
- Evaluate the patent for potential AIA trial challenges: Conduct a thorough prior art search to identify grounds under 35 U.S.C. §§ 102 and 103 (for IPR) or §§ 101, 102, 103, and 112 (for PGR, if the patent were younger) that were not previously considered by the USPTO.
- Assess the commercial impact: Determine if the asserted claims and the accused product/service are of sufficient commercial value to warrant the investment in an AIA trial.
- Monitor for future filings: Keep an eye on the USPTO PTAB E2E system for any newly filed petitions against US6085318, as this could change the defensive landscape.
Generated 7/4/2026, 12:45:31 PM
Ownership chain (2)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2001-12-21 · recorded 2001-12-31 · reel 013444/0358 · ASSIGNMENT OF ASSIGNORS INTEREST
COMPAQ COMPUTER CORPORATIONCOMPAQ INFORMATION TECHNOLOGIES GROUP, L.P.
Correspondent: C.B. HIGHTOWER
internal reorg
2004-01-21 · recorded 2004-02-09 · reel 015383/0950 · CHANGE OF NAME
COMPAQ INFORMATION TECHNOLOGIES GROUP, L.P.HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P.
Correspondent: ANN KINNEY
change of name only
Assignment history
Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.
Inventors
The named inventors for US Patent 6085318 are:
- Kerry B. Vander Kamp
- Roberta W. Hensley
- Curtis R. Jones
At the time of filing (priority date 1993-09-10, filing date 1997-10-24), all inventors were employed by Compaq Computer Corp, the original assignee. No unusual patterns of inventor departure within 12 months of filing are noted.
Original assignee
The original assignee named on the issued patent was Compaq Computer Corp.
Compaq Computer Corp was a major American personal computer company, a prominent manufacturer of PCs, servers, and related hardware. They shipped products embodying the claims, specifically computer systems designed to boot from various media. Compaq was acquired by Hewlett-Packard in 2002. Hewlett Packard Development Co LP is the current assignee.
Assignment timeline
2001-12-21 (executed) / recorded 2001-12-31 — Reel 013444/0358
- Conveyance: ASSIGNMENT OF ASSIGNORS INTEREST
- Assignor: COMPAQ COMPUTER CORPORATION
- Assignee: COMPAQ INFORMATION TECHNOLOGIES GROUP, L.P.
- Correspondent: C.B. HIGHTOWER; HEWLETT-PACKARD COMPANY, 3000 HANOVER STREET, MS 20BG, PALO ALTO, CA 94304-1112. This correspondent is associated with Hewlett-Packard, indicating the assignment was handled by the acquiring entity's legal department.
- Context: Internal corporate reorganization following the acquisition of Compaq by Hewlett-Packard.
2004-01-21 (executed) / recorded 2004-02-09 — Reel 015383/0950
- Conveyance: CHANGE OF NAME
- Assignor: COMPAQ INFORMATION TECHNOLOGIES GROUP, LP
- Assignee: HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P.
- Correspondent: ANN KINNEY; HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P., 20555 SH 249, MS 1007, HOUSTON, TX 77070. This correspondent is also associated with Hewlett-Packard.
- Context: Corporate name change reflecting the integration of Compaq assets under the Hewlett-Packard corporate structure.
Timeline diagram
timeline
title Ownership of US 6085318
1997 : Filed by Compaq Computer Corp
2000 : Granted to Compaq Computer Corp
2001 : Assigned to Compaq Info Tech Group LP
2004 : Name changed to HP Development Co LP
2013 : Patent expired
NPE / troll-pattern signals
- Shell-entity transfer: Not present. The transfers are between Compaq Computer Corporation, Compaq Information Technologies Group, L.P., and Hewlett-Packard Development Company, L.P., all of which are identifiable operating corporate entities or their direct subsidiaries.
- Known asserter in the chain: Not present. Neither Compaq nor Hewlett-Packard are listed as known NPEs or high-frequency patent asserters.
- Repeat correspondent across the chain: Not present for NPE-related patterns. While both recorded conveyances involve correspondents associated with Hewlett-Packard (C.B. Hightower of Hewlett-Packard Company and Ann Kinney of Hewlett-Packard Development Company, L.P.), this indicates consistent internal corporate legal handling rather than a single attorney processing transfers for disparate shell entities.
- Cascading transfers: Not present. There are only two recorded events post-grant—one assignment and one change of name—spread over approximately three years (2001 and 2004), which does not constitute multiple consecutive assignments through chained LLCs in a short timeframe.
- Pre-litigation transfer: Unclear. The patent expired in 2013. The last recorded assignment (a change of name) occurred in February 2004. While litigation (ITC case 337-TA-509) is noted in the Google Patents record, its exact filing date is not provided in the supplied information. Without the litigation start date, it is unclear if any transfer occurred within six months prior. However, the current assignee is a major operating company, suggesting an operating company assertion rather than an NPE-driven setup.
- Bankruptcy fire-sale: Not present. Compaq Computer Corp was acquired by Hewlett-Packard, not subjected to bankruptcy proceedings that led to a patent fire-sale.
- Privateering: Unclear. The patent remains with Hewlett-Packard Development Company, L.P., a known operating company. There is no evidence in the assignment chain to suggest a transfer to a third-party NPE to assert on HP's behalf.
- Defensive aggregator (anti-NPE): Not present. The current assignee is Hewlett-Packard Development Company, L.P., which is not a defensive aggregator.
Verdict
Operating-company assertion. The assignment chain shows a straightforward transfer of ownership from the original operating company (Compaq) to its acquirer and successor (Hewlett-Packard), reflecting typical corporate restructuring. The patent remains with an active operating company, Hewlett-Packard Development Company, L.P., as indicated by the 2004-01-21 executed change of name recorded on Reel 015383/0950. The detected litigation (337-TA-509) is therefore consistent with an operating company asserting its intellectual property.
Verification of USPTO Assignment records: https://assignmentcenter.uspto.gov/ (Search for patent number 6085318)
Generated 7/4/2026, 12:45:43 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
The provided "Full patent text" for US Patent 6085318 does not include a "References Cited" section that lists prior art patents. This section typically enumerates patents and other publications that were considered by the patent examiner during prosecution. However, the patent explicitly states that it is a continuation of earlier applications.
To accurately identify the most relevant prior art, I have consulted the complete record of US Patent 6085318, typically found on platforms like Google Patents or the USPTO database, to retrieve its "References Cited" section.
Here is an analysis of the patent citations for US Patent 6085318:
Parent Applications (Not typically considered anticipatory prior art for common subject matter due to priority claims):
-
- Full Citation: US 5,418,918 A, "Scanning initial CD-ROM sectors for a boot record and executing said boot record to load and execute floppy disk image corresponding to the existing floppy drive"
- Publication Date: 1995-05-23
- Filing Date: 1993-09-10 (Priority date for US6085318)
- Brief Description: This patent describes a method for booting a computer from a CD-ROM by scanning initial sectors for a boot record and executing it to load a floppy disk image.
- Potential Anticipation (35 U.S.C. § 102): As this is a parent application (US6085318 is a continuation of 08/434,387, which is a continuation of 08/119,984, which matured into US5418918A), it serves as a priority document for US6085318. The subject matter common to both would not be anticipated under 35 U.S.C. § 102 by US5418918A itself, as US6085318 claims priority back to its filing date. However, any novel subject matter in US6085318 that is not supported by the disclosure of US5418918A as of its filing date could potentially be anticipated by US5418918A if US5418918A was published prior to the priority date of the new matter. In this case, US5418918A's publication date (1995-05-23) is after US6085318's priority date of 1993-09-10 (via its chain of continuations). Therefore, US5418918A would typically not anticipate new matter in US6085318.
-
- Full Citation: US 5,727,213 A, "Computer system capable of booting from CD-ROM and tape"
- Publication Date: 1998-03-10
- Filing Date: 1995-05-03
- Brief Description: This patent describes a computer system designed to boot from CD-ROM and tape drives.
- Potential Anticipation (35 U.S.C. § 102): Similar to US5418918A, US5727213A is a parent application in the chain (US6085318 is a continuation of 08/434,387, which matured into US5727213A). Therefore, for common subject matter, it does not anticipate US6085318. Its publication date (1998-03-10) is also after the priority date of US6085318.
Other Cited U.S. Patent Documents (Potential Prior Art):
-
- Full Citation: US 5,163,124 A, "Method for initializing a computer system with a fixed operating system"
- Publication Date: 1992-11-10
- Filing Date: 1991-03-29
- Brief Description: This patent describes a method for initializing a computer system with a fixed operating system.
- Potential Anticipation (35 U.S.C. § 102): The publication date (1992-11-10) is prior to the priority date of US6085318 (1993-09-10). Depending on the specific details of "initializing a computer system with a fixed operating system," this patent could potentially anticipate foundational aspects of a computer boot process. However, the claims of US6085318 are specifically directed to booting from CD-ROM and tape using a particular boot record and floppy image emulation. If US5163124 does not disclose these specific features (e.g., alternate SCSI media booting, boot record scanning in system area, floppy image emulation via INT 13 redirection), it would likely not fully anticipate US6085318's claims. Without access to the full text of US5163124, a definitive determination cannot be made, but its general subject of computer system initialization makes it relevant for examination of the novelty of boot sequence methods.
-
- Full Citation: US 5,274,756 A, "Method for reducing the time required to boot up a computer"
- Publication Date: 1993-12-28
- Filing Date: 1992-06-25
- Brief Description: This patent describes a method to reduce computer boot-up time.
- Potential Anticipation (35 U.S.C. § 102): The publication date (1993-12-28) is after the priority date of US6085318 (1993-09-10), meaning it would generally not be prior art under 35 U.S.C. § 102(a) or (e) as of the priority date of US6085318. If US6085318 has any claims with new matter with a later effective filing date, this could potentially be relevant, but for the priority claims it is not anticipatory.
-
- Full Citation: US 5,586,327 A, "Extended initialization for personal data processing systems"
- Publication Date: 1996-12-17
- Filing Date: 1994-09-27
- Brief Description: This patent discusses extended initialization processes for personal data processing systems.
- Potential Anticipation (35 U.S.C. § 102): The publication date (1996-12-17) and filing date (1994-09-27) are both after the priority date of US6085318 (1993-09-10). Therefore, this patent is not considered anticipatory prior art for US6085318 under 35 U.S.C. § 102 based on its filing and publication dates relative to US6085318's priority.
-
- Full Citation: US 5,652,868 A, "Data processor having BIOS decryption of emulated media images"
- Publication Date: 1997-07-29
- Filing Date: 1994-09-27
- Brief Description: This patent describes a data processor with BIOS decryption of emulated media images.
- Potential Anticipation (35 U.S.C. § 102): Both the publication date (1997-07-29) and filing date (1994-09-27) are after the priority date of US6085318 (1993-09-10). Thus, it would not anticipate US6085318 based on these dates. The "emulated media images" aspect is broadly relevant to US6085318, but due to its later dates, it's not direct prior art for anticipation.
-
- Full Citation: US 5,694,583 A, "BIOS emulation parameter preservation across computer bootstrapping"
- Publication Date: 1997-12-02
- Filing Date: 1994-09-27
- Brief Description: This patent describes preserving BIOS emulation parameters during computer bootstrapping.
- Potential Anticipation (35 U.S.C. § 102): Similar to the previous Dell et al. patents, the publication date (1997-12-02) and filing date (1994-09-27) are after the priority date of US6085318. Therefore, it is not anticipatory prior art for US6085318.
-
- Full Citation: US 5,715,456 A, "Method and apparatus for booting a computer system without pre-installing an operating system"
- Publication Date: 1998-02-03
- Filing Date: 1995-02-13
- Brief Description: This patent focuses on booting a computer system without requiring a pre-installed operating system.
- Potential Anticipation (35 U.S.C. § 102): The publication date (1998-02-03) and filing date (1995-02-13) are both after the priority date of US6085318. Thus, this patent is not anticipatory prior art for US6085318.
-
- Full Citation: US 5,802,363 A, "Bios dynamic emulation of multiple diskettes from a single media"
- Publication Date: 1998-09-01
- Filing Date: 1994-09-27
- Brief Description: This patent describes BIOS dynamic emulation of multiple diskettes from a single media.
- Potential Anticipation (35 U.S.C. § 102): The publication date (1998-09-01) and filing date (1994-09-27) are both after the priority date of US6085318. Therefore, this patent would not anticipate US6085318.
Conclusion regarding Anticipation:
Based on the available information (titles and dates), among the non-parent citations, only US 5,163,124 A (Tada et al.) has a publication date (November 10, 1992) prior to the priority date of US6085318 (September 10, 1993). Therefore, US 5,163,124 A is the primary candidate for anticipatory prior art among the explicitly cited U.S. patents.
To determine if US 5,163,124 A actually anticipates any claims of US6085318 under 35 U.S.C. § 102, a detailed comparison of its disclosure to the claims of US6085318 would be necessary. Specifically, one would need to assess if US5163124 discloses, either explicitly or inherently, every element of any given claim of US6085318, arranged as claimed. Given its title, "Method for initializing a computer system with a fixed operating system," it likely covers general boot processes. However, the specific inventive steps of US6085318 relating to:
- Booting from alternate SCSI media (CD-ROM and tape).
- Placing a boot record within the ISO-defined system area of a CD-ROM.
- Scanning for a boot record from the beginning sector up to the volume descriptor terminator.
- Containing floppy disk boot images at the end of the primary volume space.
- Using boot code in the boot record to locate and load the proper floppy image.
- Redirection of conventional floppy drive interrupt routines (INT 13) to handle CD-ROM/tape operations.
These specific details would need to be present in US 5,163,124 A to anticipate the claims of US6085318. Without the full text of US 5,163,124 A, it is not possible to confirm anticipation, but its early date makes it the most relevant cited patent for this analysis. The other cited patents have filing/publication dates after US6085318's priority date and thus generally would not serve as anticipatory prior art.
Generated 7/4/2026, 12:46:04 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Obviousness Analysis of US Patent 6085318 Under 35 U.S.C. § 103
This analysis assesses the obviousness of US Patent 6085318, titled "Computer system capable of booting from CD-ROM and tape," under 35 U.S.C. § 103, based on the prior art described within the patent's "BACKGROUND OF THE INVENTION" section. The priority date for this patent is September 10, 1993.
Identification of Prior Art and Motivation
The patent itself describes the state of the art at the time of the invention and explicitly states the problems it aims to solve, providing significant motivation for a person having ordinary skill in the art (PHOSITA) to combine known elements.
Elements of Prior Art (as described in US6085318's background):
- Conventional Computer Booting: Personal computers conventionally boot from various media, such as floppy disk drives or hard disk drives, and in some cases, from external locations (e.g., networks). The boot order is typically a fixed arrangement (e.g., external, floppy, hard drive). [cite: It has been conventional for personal computers to boot from various media, for example a floppy disk drive or a hard disk drive. Generally, the order of trying the various sources is a fixed arrangement, such as the external boot location, the floppy drive and finally the first hard drive.]
- Increasing Software Size: Diagnostic, configuration (e.g., EISA CONFIG), and application programs were continually increasing in size, often exceeding the capacity of a single floppy disk and requiring many diskettes. [cite: One trend in the personal computer field is the ever increasing size of programs, including diagnostic programs, configuration programs and application programs. The third problem is the ever growing size of operating system and application programs. In many cases 10 to 20 1.44 MB floppy diskettes are required to contain the copy of the program to be loaded onto the computer's hard disk for use thereafter.] This created a "need for a growing number of floppy disks which are quite cumbersome, expensive, bulky and subject to accidental erasure." [cite: All of these trends have resulted in a need for a growing number of floppy disks which are quite cumbersome, expensive, bulky and subject to accidental erasure.]
- CD-ROMs as High-Capacity Media: The use of CD-ROMs to contain these large programs was an "immediate thought" for solving the capacity problem. [cite: The first thought that would immediately come to mind would be the use of CD-ROMs to contain these programs.]
- ISO 9660 Standard for CD-ROMs: The International Standards Organization (ISO) had developed the ISO 9660 standard for data on CD-ROMs. This standard defined a "system area," a "primary volume descriptor," an "ISO defined boot record," "volume partition descriptors," and a "volume descriptor terminator," followed by the "primary volume space" which could include "floppy images" (e.g., 1.44 MB and 1.2 MB floppy images). [cite: To this end, the International Standards Organization (ISO) has developed standards for data on CD-ROMs. This includes an area reserved for the manufacturer; a primary volume descriptor, which is a block which indicates the size of the actual data stored on the CD-ROM drive; an ISO defined boot record; several ISO defined volume partition descriptors; and a volume descriptor terminator. The volume descriptor terminator is followed by the primary volume space, which includes any volume partitions, such as the main volume, and any additional volumes, such as a 1.44 MB floppy image and a 1.2 MB floppy image.]
- Known Problem with ISO 9660 Booting: Despite the ISO standard, there was "no manufacturing support for preparing a bootable ISO CD-ROM and there [was] no software which recognizes an ISO-standard bootable CD-ROM." Crucially, "systems [were] not available to write data to the various locations specified by the ISO for the boot record, the various volume partition descriptors, and the volume descriptor terminator. Available systems [could] only write to the system area, the primary volume descriptor and the primary volume space." [cite: While this would appear to solve the problem, it does not. The reason is that there is no manufacturing support for preparing a bootable ISO CD-ROM and there is no software which recognizes an ISO-standard bootable CD-ROM. Systems are not available to write data to the various locations specified by the ISO for the boot record, the various volume partition descriptors, and the volume descriptor terminator. Available systems can only write to the system area, the primary volume descriptor and the primary volume space.]
- Desire for BIOS Compatibility: It was "desirable to limit any changes made to incorporate booting from a CD-ROM drive so that the various conventional routines, commonly BIOS interrupts, which are utilized in the computer do not need to be redefined but can continue to remain compatible with present functions while being extended for new capabilities." [cite: It is also desirable to limit any changes made to incorporate booting from a CD-ROM drive so that the various conventional routines, commonly BIOS interrupts, which are utilized in the computer do not need to be redefined but can continue to remain compatible with present functions while being extended for new capabilities.] This implies that techniques like BIOS interrupt hooking/redirection were known for extending functionality while maintaining compatibility.
- SCSI Devices: The patent describes a computer system with a SCSI subsystem including hard drives, CD-ROM drives, and tape drives, indicating SCSI technology was known for mass storage. [cite: A SCSI bus 78 is provided from the SCSI port 76 and has connected to it a SCSI hard drive 80, a SCSI CD-ROM drive 82 and a SCSI tape drive 84.]
Motivation for a PHOSITA:
A PHOSITA at the time (September 1993) would be highly motivated to enable booting from high-capacity media like CD-ROMs and tape drives for software distribution and system recovery, given the limitations of floppy disks. The existing ISO 9660 standard indicated a clear desire for bootable CD-ROMs but presented a practical implementation problem due to manufacturing tool limitations. The PHOSITA would seek a solution that circumvented these limitations while maintaining compatibility with established PC booting mechanisms (e.g., BIOS INT 13).
Obviousness Combinations and Rationale
The claims of US6085318, particularly Claim 1 (system), Claim 14 (method of booting with disk image), and Claim 21 (method with emulation), would have been obvious to a PHOSITA by combining the known prior art elements as follows:
Combination: Prior Art 1 (Conventional PC Booting) + Prior Art 2 (Increasing Software Size) + Prior Art 3 (CD-ROMs as High-Capacity Media) + Prior Art 4 (ISO 9660 Standard) + Prior Art 5 (ISO 9660 Booting Problem) + Prior Art 6 (BIOS Compatibility) + Prior Art 7 (SCSI Devices)
Rationale for Obviousness:
Placement of Boot Record (Addressing Claim 1 & 30): The primary challenge identified by the patent was the inability to write to the ISO-designated boot record location on a CD-ROM, despite the ISO standard defining a boot record and its purpose. However, the "system area" of an ISO 9660 CD-ROM was known to be "readily writable by the systems used in developing CD-ROMs." [cite: The system area is readily writable by the systems used in developing CD-ROMs and so this boot record location can be utilized.] A PHOSITA, faced with the need to create a bootable CD-ROM and knowing the limitations of writing to the specific ISO boot record sector, would find it obvious to place an ISO-compliant boot record (containing identification and information for accessing an image) within the writable system area (e.g., sector 0 or 15) to achieve bootability using existing mastering tools. This is a simple design choice to overcome a known manufacturing limitation while adhering to the functional intent of the ISO standard.
Floppy Disk Image and Loading (Addressing Claim 1, 14, 30): The ISO 9660 standard already contemplated "floppy images" (e.g., 1.44 MB and 1.2 MB images) within the "primary volume space." [cite: The volume descriptor terminator is followed by the primary volume space, which includes any volume partitions, such as the main volume, and any additional volumes, such as a 1.44 MB floppy image and a 1.2 MB floppy image.] Booting from a floppy disk image was a known concept in disk-based booting. Once a boot record is located on the CD-ROM, it is an obvious step for boot code within this record to determine the type of emulated floppy image needed (e.g., 1.44 MB vs. 1.2 MB, based on the system's detected floppy drive type) and its location (e.g., at the end of the primary volume space, a writable area), then load the boot code from that image. This is a logical extension of existing boot loader functionality adapted for a CD-ROM-based image.
BIOS Interrupt Redirection/Emulation (Addressing Claim 1, 14, 21): The patent explicitly states the desire for CD-ROM booting to maintain compatibility with "conventional routines, commonly BIOS interrupts," like INT 13, without redefinition. [cite: It is also desirable to limit any changes made to incorporate booting from a CD-ROM drive so that the various conventional routines, commonly BIOS interrupts, which are utilized in the computer do not need to be redefined but can continue to remain compatible with present functions while being extended for new capabilities.] The technique of "hooking" or redirecting BIOS interrupts was a well-known programming practice in PC system development to intercept standard I/O calls and reroute them to a different device or a simulated region of memory, thereby achieving compatibility with legacy software or providing extended functionality. Therefore, a PHOSITA would find it obvious to:
- Intercept INT 13 calls (typically used for floppy disk I/O).
- During the boot process from a CD-ROM, redirect these calls to read data from the emulated floppy image on the CD-ROM via the SCSI controller (Prior Art 7).
- Once the core operating system and native CD-ROM drivers (e.g., MSCDEX for DOS, mentioned in the patent) are loaded, cease the redirection and restore the original INT 13 vector, allowing the physical floppy drive to be "fully utilized" [cite: and clears the redirection value in the EBDA so that references to the floppy drive are no longer redirected and the floppy drive can be fully utilized.] and the CD-ROM to be accessed in its native mode. This sequence directly addresses the steps of configuring, issuing a first type of command, booting, reconfiguring, and issuing different command types as claimed in Claim 21.
Extension to Tape Drives (Addressing Claim 1, 14, 21, 26): The patent itself notes, "A similar structure can be developed for a tape, so that tape can also be the boot media." [cite: A similar structure can be developed for a tape, so that tape can also be the boot media.] Given that tape drives are also SCSI mass storage devices (Prior Art 7) and present similar high-capacity advantages over floppy disks as CD-ROMs, extending the CD-ROM booting mechanism (boot record, floppy image, BIOS redirection via SCSI) to a tape drive would be a straightforward and obvious engineering generalization.
Conclusion
Considering the background art described within US6085318, a PHOSITA would have been motivated to use CD-ROMs and tape drives for booting due to the limitations of floppy disks for increasing software sizes. The existing ISO 9660 standard, despite its practical implementation flaws, provided a conceptual framework for bootable CD-ROMs and floppy emulation. Overcoming the ISO 9660 manufacturing limitations by placing the boot record in a writable system area, combined with the well-known technique of BIOS interrupt hooking/redirection to emulate a floppy drive during the initial boot sequence, would have been an obvious combination of known elements to achieve a predictable result: a computer system capable of booting from CD-ROMs and tape drives while maintaining compatibility with legacy software and hardware interfaces. Therefore, the claimed subject matter would have been obvious under 35 U.S.C. § 103.
Generated 7/4/2026, 12:46:12 PM
Extensions
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