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United States Patent and Trademark Office 



UNITED STATES DEPARTMENT OF COMMERCE 
I nilid Stall-, l'atint and Trademark Office 

Address: COMMISSIONER FOR PATENTS 



APPLICATION NO. 



FILING DATE 



FIRST NAMED INVENTOR 



ATTORNEY DOCKET NO. CONFIRMATION NO. 



10/607.329 



0V/2.V2003 



21967 7590 04/07/2008 

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

WASHINGTON, DC 20006-1 109 



SHIFERAW, ELENI A 



PAPER NUMBER 



DELIVERY MODE 



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) 



l/ffflrC? nVrliUli Otfff Iff ids y 


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4a) Of the above claim(s) is/are withdrawn from consideration.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

Application Papers 

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. 



Attach ment(s) 

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 

DETAILED ACTION 

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 
reference. 

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 

site); 

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 
time. 

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 

Conclusion 

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 
3/31/08 



/Nasser G Moazzami/ 

Supervisory Patent Examiner, Art Unit 2136