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 22313-1450
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO.
10/667,329 09/23/2003 John Hane 57132.000008 1653
21967 7590 11/26/2007
HUNTON & WILLIAMS LLP
INTELLECTUAL PROPERTY DEPARTMENT
1900 K STREET, N.W.
WASHINGTON, DC 20006-1 109
CERVETTI, DAVID GARCIA
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
David Garcia Cervetti
- 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. § 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).
I) ^ Responsive to communication(s) filed on 31 August 2007 .
2a)S This action is FINAL. 2b)Q 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) £3 Claim(s) 1.5-7.11-13 and 17-23 is/are pending in the application.
4a) Of the above claim(s) 19-23 is/are withdrawn from consideration.
5) Q Claim(s) is/are allowed.
6) S Claim(s) 1.5-7.11-13.17 and 18 is/are rejected.
7) D Claim(s) is/are objected to.
8) D Claim(s) are subject to restriction and/or election requirement.
9) D The specification is objected to by the Examiner.
10)[S) The drawing(s) filed on 23 September 2003 is/are: a)S 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).
I I) D 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 .□ Certified copies of the priority documents have been received.
20 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.
1) £3 Notice of References Cited (PTO-892)
2) O Notice of Draftsperson's Patent Drawing Review (PTO-948)
3) □ Information Disclosure Statement(s) (PTO/SB/08)
Paper No(s)/Mail Date .
U.S. Patent and Trademark Office *" —
PTOL-326 (Rev. 08-06) Office
4) □ Interview Summary (PTO-413)
Paper No(s)/Mail Date. .
5) C] Notice of Informal Patent Application
6) □ Other: .
Summary Part of Paper No ./Mail Date 20071 121
Application/Control Number: Page 2
Art Unit: 2136
1 . Applicant's arguments filed August 31 , 2007, have been fully considered but they
are not persuasive.
2. Claims 1, 5-7, 11-13, and 17-18 are pending and have been examined. Claims
19-23 have been withdrawn from consideration. Claims 2-4, 8-10, and 14-16 have been
Response to Amendment
3. The objection to claims 1-6 is withdrawn.
4. The rejection of claims 7-12 under 35 USC 101 is withdrawn.
5. Applicant's arguments with respect to the prior art have been considered but are
moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 102
6. The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless -
(b) the invention was patented or described in a printed publication in this or a foreign country or in public
use or on sale in this country, more than one year prior to the date of application for patent in the United
7. Claims 1, 5-7, 11-13, and 17-18 are rejected under 35 U.S.C. 102(b) as being
anticipated by Kikinis (US Patent 6,289,389).
Regarding claims 1, 7, and 13, Kikinis teaches
o a method for requesting and securely receiving data from the Internet
(abstract), said method comprising the steps of:
Application/Control Number: Page 3
Art Unit: 2136
o receiving a request for data (col. 1, lines 5-10, data requested by a
o collecting data in response to said request (col. 1, lines 5-10, data
o packetizing said collected data into at least two sets of data packets (col.
6, lines 30-47, encrypted data and decryption key),
o wherein a first set of data packets comprises encrypted data (col. 6, lines
30-47, encrypted data) and a second set of data packets comprises a
key for decoding said encrypted data (col. 6, lines 30-47, decryption
o selecting and addressing a first set of data packets for transmission via
the Internet (col. 6, lines 30-47, through modem);
o selecting and addressing a second set of data packets for transmission via
a satellite delivery system (col. 6, lines 30-47, through digital link to
o transmitting said first set of data packets via the Internet (col. 6, lines 30-
47, through modem); and
o transmitting said second set of data packets via said satellite delivery
system (col. 6, lines 30-47, through digital link to satellite).
Regarding claims 5, 11, and 17, Kikinis teaches wherein said satellite delivery
system is comprised of a network processing center with an associated provider
Application/Control Number: Page 4
Art Unit: 2136
antenna and at least one subscriber terminal with an associated subscriber antenna
(fig. 1,23, 45).
Regarding claims 6, 12, and 18, Kikinis teaches wherein said satellite delivery
system further comprises a satellite (fig. 1, 37).
8. Examiner's Note: Examiner has cited particular columns and line numbers in the
references as applied to the claims below for the convenience of the applicant. Although
the specified citations are representative of the teachings in the art and are applied to
the specific limitations within the individual claim, other passages and figures may apply
as well. It is respectfully requested that the applicant, in preparing the responses, fully
consider the references in entirety as potentially teaching all or part of the claimed
invention, as well as the context of the passage as taught by the prior art or disclosed
by the examiner.
9. Applicant's amendment necessitated the new ground(s) of rejection presented in
this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
§ 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37
A shortened statutory period for reply to this final action is set to expire THREE
MONTHS from the mailing date of this action. In the event a first reply is filed within
TWO MONTHS of the mailing date of this final action and the advisory action is not
mailed until after the end of the THREE-MONTH shortened statutory period, then the
shortened statutory period will expire on the date the advisory action is mailed, and any
Art Unit: 2136
extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of
the advisory action. In no event, however, will the statutory period for reply expire later
than SIX MONTHS from the date of this final action.
10. Any inquiry concerning this communication or earlier communications from the
examiner should be directed to David Garcia Cervetti whose telephone number is
(571)272-5861. The examiner can normally be reached on Monday-Tuesday and
11. If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Nasser Moazzami can be reached on (571)272-4195. The fax phone
number for the organization where this application or proceeding is assigned is 571-
12. 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.
/David Garcia Cervetti/
SUPERVISORY PATENT EXAMINER
TECHNOLOGY CENTER 21 00