United States Patent and Trademark Office
UNITED STATES DEPARTMENT OF COMMERCE
I nilid Stall-, l'atint and Trademark Office
Address: COMMISSIONER FOR PATENTS
FIRST NAMED INVENTOR
ATTORNEY DOCKET NO. CONFIRMATION NO.
21967 7590 04/07/2008
HUNTON & WILLIAMS LLP
INTELLECTUAL PROPERTY DEPARTMENT
1900 K STREET, N.W.
WASHINGTON, DC 20006-1 109
SHIFERAW, ELENI A
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)
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ELENI A. SHIFERAW
- 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).
1 )KI Responsive to communication(s) filed on 26 February 2008 .
2a )□ This action is FINAL. 2b)^ 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) ^ Claim(s) 1,5-7.11-13.17 and 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4a) Of the above claim(s) is/are withdrawn from consideration.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) E3 Claim(s) 1.5-7.11-13.17 and 18 is/are rejected.
7) 0 Claim(s) is/are objected to.
8) D Claim(s) are subject to restriction and/or election requirement.
9) Q 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 1) 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.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.
1) ^| Notice of References Cited (PTO-892) 4) □ Interview Summary (PTO-41 3)
2) □ Notice of Draftsperson's Patent Drawing Review (PTO-948) Paper 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: .
PTOL-T26 d (Rev e 08-06r
Office Action Summary
Part of Paper No./Mail Date 20080331
Application/Control Number: 10/667,329 Page 2
Art Unit: 2136
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.1 14, including the fee set forth in 37 CFR
1 .17(e), was filed in this application after final rejection. Since this application is eligible for
continued examination under 37 CFR 1.1 14, and the fee set forth in 37 CFR 1.17(e) has been
timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR
1.1 14. Applicant's submission filed on 02/26/2008 has been entered.
Claims 1, 5-7, 11-13, and 17-18 arc pending and have been examined. Claims 19-23 have been
withdrawn from consideration. Claims 2-4, 8-10, and 14-16 have been cancelled.
Response to Arguments
Applicant's arguments filed 02/26/2008 have been fully considered.
Arguments regarding modem of applied reference not being internet is not persuasive because
the modem is a modem-connected land based internet connection through a public-switched
telephone network (see col. 3 lines 47-col. 4 lines 3, for example). Applicant's amendment and
argument regarding transmitting ... in second transmission time is disclosed below using a new
Claim Rejections - 35 USC § 103
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:
(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
Application/Control Number: 10/667,329 Page 3
Art Unit: 2136
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, 5-7, 11-13, and 17-18 are rejected under 35 U.S.C. 103(a) as being unpatentable
over Kikinis (US Patent 6,289,389) in view of Kamiya et al. 2002/0106086 Al.
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:
o receiving a request for data (col. 1, lines 5-10, data requested by a user);
o collecting data in response to said request (col. 1, lines 5-10, data gathering
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 datajcol. 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 key);
o selecting and addressing a first set of data packets for transmission via the
Internet, and automatically attaching a first address to said first set of data packets
(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 satellite);
o transmitting said first set of data packets via the Internet (col. 6, lines 30-47,
through modem); and
Application/Control Number: 10/667,329 Page 4
Art Unit: 2136
o transmitting said second set of data packets via said satellite delivery system (col.
6, lines 30-47, through digital link to satellite).
o Kikinis fails to disclose first data packets for transmission at a first transmission
time and a second set of data packets for transmission at a second transmission
time wherein the second transmission time is different from the first transmission
o However transmitting a encrypted content data packet with first address over a
first path and transmitting a key that is used to encrypt the content and has a
second address via a different path with a transmission time that is different from
the first eg. in hours or days apart, is disclosed by Kamiya et al. (see par. 0023-
0025 and 0006-0012). 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 within the system of Kikinis because they are analogous in content
distribution security. One would have been obvious to do so because it would
prevent hackers from intercepting the transmitted data and find all the information
(key and content) in one single interception and retrieve data and would make it
difficult to hackers to intrude transmitted data.
Regarding claims 5, 11, and 17, Kikinis teaches 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 (fig. 1, 23, 45).
Regarding claims 6, 12, and 18, Kikinis teaches wherein said satellite delivery system
further comprises a satellite (fig. 1, 37).
Application/Control Number: 10/667,329 Page 5
Art Unit: 2136
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.
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. 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.
Application/Control Number: 10/667,329 Page 6
Art Unit: 2136
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.
/Eleni A Shiferaw/
Examiner, Art Unit 2136
/Nasser G Moazzami/
Supervisory Patent Examiner, Art Unit 2136