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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 22313-1 450 
www.uspto.gov 



APPLICATION NO. 


FILING DATE 


FIRST NAMED INVENTOR 


| ATTORNEY DOCKET NO. 


CONFIRMATION NO. 


10/667,329 


09/23/2003 


John Hane 


57132.000008 


1653 



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

WASHINGTON, DC 20006-1 109 



EXAMINER 



SHIFERAW, ELENI A 



ART UNIT 



2136 



PAPER NUMBER 



MAIL DATE 



DELIVERY MODE 



06/01/2007 PAPER 

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

The time period for reply, if any, is set in the attached communication. 



PTOL-90A (Rev. 04/07) 



• - * 

Office Action Summary 


Application No. 

10/667,329 


Applicant(s) 

HANE, JOHN 


Examiner 

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 3 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. § 1 33). 
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)^ Responsive to communication(s) filed on 16 April 2007 . 
2a)D This action is FINAL. 2b)[3 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. 1 1 , 453 O.G. 213. 

Disposition of Claims 

4) ^ Claim(s) 1-18 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4a) Of the above claim(s) is/are withdrawn from consideration. 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) I3 Claim(s) 1-18 is/are rejected. 

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

8) D Claim(s) 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). 
1 !)□ 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. § 1 19(a)-(d) or (f). 
a)D All b)D Some * c)D None of: 

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

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

3.D 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) Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-413) 

2) □ Notice of Drafts person's Patent Drawing Review (PTO-948) Paper No(s)/Mail Date. . 

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

Paper No(s)/Mail Date 04/27/2004. & 12rt3K003 . 6) □ Other: . 



U.S. Patent and Trademark Office 
PTOL-326 (Rev. 08-06) 



Office Action Summary 



Part of Paper No /Mail Date 20070522 



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

Art Unit: 2136 

DETAILED ACTION 

1 . Claims 1 - 1 8 are pending. 

2. Claims 19-23 are withdrawn from further consideration pursuant to 37 CFR 1 .142(b) as 
being drawn to a nonelected invention, there being no allowable generic or linking claim. 
Election was made without traverse in the reply filed on 04/16/2007. 

Claim Objections 

3. Claims 1-6 are objected to because of the following informalities: Claim 1 on line 9 
should not have a period at the end of line 9. 



Claim Rejections - 35 USC § 101 

4. 35 U.S.C. 101 reads as follows: 

Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or 
any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and 
requirements of this title. 

5. Claims 7-12 are rejected under 35 U.S.C. 101 because the claimed invention is directed 
to non-statutory subject matter. It is not tangibly embodied as it is software per se. It is suggested 
that the claimed subject matter "A computer readable medium including a software 
application..." should be changed to "A computer readable medium storing and executing a 
software application...". 

Claim Rejections - 35 USC § 103 

6. The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all 
obviousness rejections set forth in this Office action: 



Application/Control Number: 10/667,329 
Art Unit: 2136 



7. 

2002/0106086 Al in view of Ichikawa 5872846. 



Page 3 



(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in 
section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are 
such that the subject matter as a whole would have been obvious at the time the invention was made to a person 
having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the 
manner in which the invention was made. 

Claims 1-18 are rejected under 35 U.S.C. 103(a) as being unpatentable over Kamiya et al. 



Regarding claims 1, 7, and 13, Kamiya et al. discloses a method/medium/system for requesting 
and securely receiving data from the Internet, said method comprising the steps of: 

creating a request for data (0093; pay-per-view. . .); 

collecting data in response to said request (0073-0075); 

packetizing said collected data into data packets (0079, 0104, and 0118; dividing packets 
and keys into two or many portions); 

selecting and addressing a first set of data packets for transmission via the Internet (0119, 
0154, 0023, 0146, 0158, 0163, 0032, and 0029; addressing portions to be transmitted in different 
routs.,, first or second internet and/or medium); 

selecting and addressing a second set of data packets for transmission via a satellite 
delivery system (01 19, 0154, 0023, 0146, 0158, 0163, 0032, and 0029; addressing portions to be 
transmitted in different routs... first or second internet and/or medium); 

transmitting said first set of data packets via the Internet (0154, 0146, 0158, 0163, 0132, 
and 0029; transmitting portions of data and/or key in a first network or second network and/or 



Application/Control Number: 10/667,329 Page 4 

Art Unit: 2136 

same network at different time or in different networks and networks comprising network and 
satellite see fig. 1); and 

transmitting said second set of data packets via and satellite delivery system (0154, 0146, 
0158, 0163, 0132, and 0029; transmitting portions of data and/or key in a first network or 
second network and/or same network at different time or in different networks and networks 
comprising network and satellite see fig. 1). 

Kamiya et al. fails to explicitly disclose the portions of data being transmitted in a second 
transmission channel that is satellite transmission channel. However Ichikawa discloses a content 
request from a user and transmitting the requested content and a key that is required for the 
content segmented in two different transmission channels called network/land line link and 
satellite link for securing content (col. 2 lines 16-27). 

Therefore it would have been obvious to one having ordinary skill in the art at the time of 
the invention was made to employ the teachings of Ichikawa within the system of Kamiya et al. 
because they are analogous on content transmission in two different transmission lines. One 
would be motivated to incorporate the teachings of Ichikawa because it is well known at the time 
of the invention to transmit content portions in two different channels to secure the content from 
being accessed by unauthorized user since the unauthorized user cannot access the other portions 
of data that is transmitted in an other channel to recover the whole content. 

Regarding claims 2, 8 and 14 wherein the method/medium/system further comprises the steps of 
encrypting collected data and providing a key for decoding and using said encrypted data is 
taught by Kamaya et al. par. 0007. 



Application/Control Number: 10/667,329 Page 5 

Art Unit: 2136 

Regarding claims 3, 9, and 15 wherein the method/medium/system said encrypted data is 
selected and addressed as said first set of data packets is taught by Kamiya et al. (01 19, 0154, 
0023, 0146, 0158, 0163, 0032, and 0029). 

Regarding claims 4, 10, and 16 wherein the method/medium/system wherein said key is selected 
and addressed as said second set of data packets is taught by Kamaya et al par. (0119, 0154, 
0023, 0146, 0158, 0163, 0032, and 0029). 

Regarding claims 5, 1 1, and 17 wherein the method/medium/system wherein said satellite 
delivery system is comprised of a network processing center with an associated provider antenna 
and at least one subscriber terminal with an associated subscriber antenna is taught by Kamaya et 
al. fig. 1 and Ichikawa fig. 1 and col. 2 lines 16-27. . The motivation to combine is the same 
bases as claim 1 above. 

Regarding claims 6, 12, and 18 wherein the method/medium/system wherein said satellite 
delivery system further comprising a satellite is taught by Kamaya et al. fig. 1 and Ichikawa fig. 
1 and col. 2 lines 16-27. The motivation to combine is the same bases as claim 1 above. 

Conclusion 

8. The prior art made of record and not relied upon is considered pertinent to applicant's 
disclosure. Marker, Jr. USPN 4802220 discloses a user requesting a secure call, an adapter 
splitting message in to two first and second portions and transmitting first portion on internet 
channel Bl and internet channel B2 for secure communication (see col. 3 lines 45-col. 4 lines 
53). 



Application/Control Number: 10/667,329 



Page 6 



Art Unit: 2136 



Dillion USPN 5995725 discloses packet addressing to be transmitted to a satellite and 
an Internet (see fig. 10). 



examiner should be directed to Eleni A. Shiferaw whose telephone number is 571-272-3867. 
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 800-786-9199 (IN USA OR CANADA) or 571-272-1000. 



9. 



Any inquiry concerning this communication or earlier communications from the 




NASSER MOAZZAMI 
SUPERVISORY PATENT EXAMINER 
TECHNOLOGY CENTER 2100 



May 22, 2007