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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
United States Patent and Trademark Office 

Address: COMMISSIONER FOR PATENTS 
P.O. Box 1450 

Alexandria, Virginia 223 13-1450 
www.uspto.gov 



APPLICATION NO. 


j FILING DATE 


FIRST NAMED INVENTOR 


ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


10/667,329 


09/23/2003 


John Hane 


57132.000008 


1653 



03/23/2007 

HUNTON & WILLIAMS LLP 
INTELLECTUAL PROPERTY DEPARTMENT 
1900 K STREET, N.W. 
SUITE 1200 

WASHINGTON, DC 20006-1 109 



EXAMINER 



SHIFERAW, ELENI A 



ART UNIT 



PAPER NUMBER 



2136 



SHORTENED STATUTORY PERIOD OF RESPONSE 



MAIL DATE 



DELIVERY MODE 



31 DAYS 03/23/2007 PAPER 

Please find below and/or attached an Office communication concerning this application or proceeding. 

If NO period for reply is specified above, the maximum statutory period will apply and will expire 6 MONTHS 
from the mailing date of this communication. 



PTOL-90A (Rev. 10/06) 



Office Action Summary 


Application No. 

10/667,329 


Applicant(s) 

HANE, JOHN 


CAdllllllci 

Eleni A. Shiferaw 


Art Unit 

2136 





The MAILING DATE of this communication appears on the cover sheet with the correspondence address - 



Period for Reply 

A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE f MONTH(S) OR THIRTY (30) DAYS, 
WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION. 

- Extensions of time may be available under the provisions of 37 CFR 1 .136(a). In no event, however, may a reply be timely filed 
after SIX (6) MONTHS from the mailing date of this communication. 

- If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication. 

- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133). 
Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any 
earned patent term adjustment. See 37 CFR 1.704(b). 

Status 

1 )£3 Responsive to communication(s) filed on 27 April 2004 . 
2a)D This action is FINAL. 2b)D This action is non-final. 

3) D Since this application is in condition for allowance except for formal matters, prosecution as to the merits is 

closed in accordance with the practice under Ex parte Quayle, 1935 CD. 11, 453 O.G. 213. 

Disposition of Claims 

4) £3 Claim(s) 1-23 is/are pending in the application. 

4a) Of the above claim(s) * is/are withdrawn from consideration. 

5) D Claim(s) is/are allowed. 

6) D Claim(s) is/are rejected. 

7) Q Claim(s) is/are objected k to. 

8) ^3 Claim(s) 1-23 are subject to restriction and/or election requirement. 

Application Papers 

9) D The specification is objected to by the Examiner. 

10)D The drawing(s) filed on is/are: a)D accepted or b)D objected to by the Examiner. 

Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a). 

Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d). 
11 )□ The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152. 

Priority under 35 U.S.C. § 119 

12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f). 
a)D All b)D Some * c)D None of: 

1. Q Certified copies of the priority documents have been received. 

2. D Certified copies of the priority documents have been received in Application No. . 

3. Q Copies of the certified copies of the priority documents have been received in this National Stage 

application from the International Bureau (PCT Rule 17.2(a)). 
* See the attached detailed Office action for a list of the certified copies not received. 



Attachment(s) 

1) CD Notice of References Cited (PTO-892) . 4) Q Interview Summary (PTO-413) 

2) □ Notice of Drattsperson's Patent Drawing Review (PTO-948) Pa P er No(s)/Mail Date. _ . 

3) □ Information Disclosure Statement(s) (PTO/SB/08) 5 > □ Notice of Informal Patent Application 

Paper No(s)/Mail Date . 6) □ Other: . 



U.S. Patent and Trademark Office 

PTOL-326 (Rev. 08-06) 



Office Action Summary 



Part of Paper No./Mail Date 20070306 



Application/Control Number: 10/667,329 Page 2 

Art Unit: 2136 

DETAILED ACTION 

1. Claims 1-23 are pending. 

Election/Restrictions 

2. Restriction to one of the following inventions is required under 35 U.S.C. 121 : 
This application contains the following inventions or groups of inventions which are not so 
linked as to form a single general inventive concept under PCT Rule 13.1. 

In accordance with 37 CFR 1 .499, applicant is required, in reply to this action, to elect a 
single invention to which the claims must be restricted. 

Group I. Claims 1-18 are drawn to encrypted data transmission, classified in class 

380, and subclass 200. 
Group II. Claims 19-23 are drawn to data distribution and/or distributed data 

processing, classified in class 709, and subclass 201. 

3. Invention I and II are unrelated. Inventions are unrelated if it can be shown that they are 
not disclosed as capable of use together and they have different modes of operation, different 
functions, or different effects (MPEP § 808.01). Invention I is in regards to encrypted data 
(content) transmission. Invention II is regarding data distribution but not cryptography and/or 
encryption. 

4. Because these inventions are distinct for the reasons given above and have acquired a 
separate status in the art as shown by their different classification, restriction for examination 
purposes as indicated is proper. 



Application/Control Number: 10/667,329 Page 3 

Art Unit: 2136 

Applicant is reminded that upon the cancellation of claims to a non-elected invention, the 
inventorship must be amendedln compliance with 37 CFR 1.48(b) if one or more of the 
currently named inventors is no longer an inventor of at least one claim remaining in the 
application. Any amendment of inventorship must be accompanied by a request under 37 CFR 
1 .48(b) and by the fee required under 37 CFR 1 . 1 7(i). 

Applicant is advised that the reply to this requirement to be complete must include (i) an 
election of a species or invention to be examined even though the requirement be traversed (37 
CFR 1.143) and (ii) identification of the claims encompassing the election invention. 

The election of an invention or species may be made with or without traverse. To reserve 
a right to petition, the election must be made with traverse. If the reply does not distinctly and 
specifically point out supposed errors in the restriction requirement, the election shall be treated 
as an election without traverse. 

Should the applicant traverse on the ground that the inventions or species are not 
patentably distinct, applicant should submit evidence or identify such evidence now of record 
showing the inventions or species to be obvious variants or clearly admit on the record that this 
is the case. In either instance, if the examiner finds one of the inventions unpatentable over prior 
art, the evidence or admission may be used in a rejection under 35 U.S.C 103(a) of the other 
invention. 

Conclusion 

4. Any inquiry concerning this communication or earlier communications from the 
examiner should be directed to Eleni A. Shiferaw whose telephone number is 571-272-3867. 



Application/Control Number: 10/667,329 



Page 4 



Art Unit: 2136 

The examiner can normally be reached on Mon-Fri 8:00am-5:00pm. 

If attempts to reach the.examiner by telephone are unsuccessful, the examiner's 
supervisor, Nasser R. Moazzami can be reached on (571) 272-4195. The fax phone number for 
the organization where this application or proceeding is assigned is 571-273-8300. 

Information regarding the status of an application may be obtained from the Patent 
Application Information Retrieval (PAIR) system. Status information for published applications 
may be obtained from either Private PAIR or Public PAIR. Status information for unpublished 
applications is available through Private PAIR only. For more information about the PAIR 
system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR 
system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would 
like assistance from a USPTO Customer Service Representative or access to the automated 
information system, call 800-7^6-9199 (IN USA OR CANADA) or 571-272-1000. 




March 6, 2007