•
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO. I
`
`I (cid:9)
`
`FILING DATE
`
`FIRST NAMED INVENTOR (cid:9)
`
`09/15/2000
`
`Sekaran Nanja
`
`20706-000120US
`
`3504
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`I APPLICATION NO. (cid:9)
`
`09/662,990
`
`7590 (cid:9)
`06/10/2004
`20350 (cid:9)
`TOWNSEND AND TOWNSEND AND CREW, LLP
`TWO EMBARCADERO CENTER
`EIGHTH FLOOR
`SAN FRANCISCO, CA 94111-3834
`
`EXAMINER
`
`DU, THUAN N
`
`I (cid:9)
`
`PAPER NUMBER
`
`ART UNIT (cid:9)
`
`2116
`
`DATE MAILED: 06/10/2004
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. 10/03)
`
`Oracle Exhibt 1002, Page 1
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`

`• (cid:9)
`
`Office Action Summary
`
`Application No.
`
`09/662,990
`
`Examiner
`
`•
`
`Applicant(s)
`
`NANJA, SEKARAN
`
`Art Unit
`
`Thuan N. Du
`2116
`-- 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) 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 the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`- 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 )[E] Responsive to communication(s) filed on 29 March 2004.
`2a)q This action is FINAL. (cid:9)
`2b)E1 This action is non-final.
`3)q 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 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4E1 Claim(s) 1-15 is/are pending in the application.
`4a) Of the above claim(s) (cid:9)
`is/are withdrawn from consideration.
`5)q Claim(s) (cid:9)
` is/are allowed.
`6)E1 Claim(s) 1-15 is/are rejected.
`7)q Claim(s) (cid:9)
`is/are objected to.
`8)q Claim(s) (cid:9)
`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)q The specification is objected to by the Examiner.
`10)10 The drawing(s) filed on 14 October 2003 is/are: a)q accepted or b)1Z1 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)q 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)q Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)q All b)q Some * c)q None of:
`1.q Certified copies of the priority documents have been received.
`2.q Certified copies of the priority documents have been received in Application No. (cid:9)
`
`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) [E] Notice of References Cited (P10-892)
`2) q Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) q Information Disclosure Statement(s) (PTO-1449 or PTO/SS/08)
`Paper No(s)/Mail Date
`
`4) q Interview Summary (PT0-413)
`Paper No(s)/Mail Date.
`5) q Notice of Informal Patent Application (PTO-152)
`6) q Other:
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 10
`
`Oracle Exhibt 1002, Page 2
`
`

`

`• (cid:9)
`
`.a'Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`•
`
`Page 2
`
`DETAILED ACTION
`
`1.
`
`It is hereby acknowledged that the following papers have been received and placed of
`
`record in the file: Amendment B and Terminal Disclaimer (both received on 3/29/04).
`
`2.
`
`3.
`
`Claims 1-15 are presented for examination.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`Terminal Disclaimer
`
`4.
`
`An attorney or agent, not of record, is not authorized to sign a terminal disclaimer in the
`
`capacity as an attorney or agent acting in a representative capacity as provided by 37 CFR 1.34
`
`(a). See 37 CFR 1.321(b) and/or (c). Therefore, the Terminal Disclaimer has NOT been entered.
`
`A new Terminal Disclaimer is required.
`
`Drawings
`
`5.
`
`The drawings are objected to under 37 CFR 1.83(a). The drawings must show every
`
`feature of the invention specified in the claims. Therefore, the configurable communication link,
`
`hardware devices coupled to the communication link and software programs coupled to
`
`processing devices must be shown or the feature(s) canceled from the claim(s). No new matter
`
`should be entered.
`
`Corrected drawing sheets are required in reply to the Office action to avoid abandonment
`
`of the application. Any amended replacement drawing sheet should include all of the figures
`
`Oracle Exhibt 1002, Page 3
`
`

`

`• (cid:9)
`
`"Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`•
`
`Page 3
`
`appearing on the immediate prior version of the sheet, even if only one figure is being amended.
`
`The figure or figure number of an amended drawing should not be labeled as "amended." If a
`
`drawing figure is to be canceled, the appropriate figure must be removed from the replacement
`
`sheet, and where necessary, the remaining figures must be renumbered and appropriate changes
`
`made to the brief description of the several views of the drawings for consistency. Additional
`
`replacement sheets may be necessary to show the renumbering of the remaining figures. The
`
`replacement sheet(s) should be labeled "Replacement Sheet" in the page header (as per 37 CFR
`
`1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted
`
`by the examiner, the applicant will be notified and informed of any required corrective action in
`
`the next Office action. The objection to the drawings will not be held in abeyance.
`
`Claim Rejections - 35 USC § 112
`
`6.
`
`Claims 7-15 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for
`
`failing to particularly point out and distinctly claim the subject matter which applicant regards as
`
`the invention.
`
`7.
`
`Regarding claim 7, it is unclear how the software programs could be coupled to the
`
`processing devices.
`
`8.
`
`Claims 8-15 are also rejected for incorporating the above deficiency by dependency.
`
`Claim Rejections - 35 USC § 102
`
`9.
`
`Claims 1-3 are rejected under 35 U.S.C. 102(e) as being anticipated by McNally et al.
`
`[McNally] (U.S. Patent No. 6,259,448).
`
`Oracle Exhibt 1002, Page 4
`
`

`

`-Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`Page 4
`
`10. Regarding claim 1, McNally teaches a method employing a processor coupled to a
`
`display device and to a user input device (mouse) [col. 2, lines 1-4], the method comprising:
`
`allocating resources, in order to create a computing environment, by:
`
`displaying a list of resources on the display device [col. 8, lines 55-57, 63-64; col. 9, lines
`
`16-20], wherein the resources comprise at least one of a hardware device, operating system
`
`software and application software [col. 6, lines 7-16];
`
`accepting signals from the user input device to indicate the configuration of a selected
`
`resource of the resources [col. 8, line 65 to col. 9, line 3; col. 9, lines 13-16, 20-23]; and
`
`configuring the selected resource [col. 9, lines 23-26].
`
`11. Regarding claim 2, McNally teaches that the resources comprise a hardware processor
`
`[col. 6, line 12].
`
`12. Regarding claim 3, McNally teaches that the resources comprise software in an operating
`
`system [col. 6, line 11] and application software [col. 6, line 12].
`
`Claim Rejections - 35 USC § 103
`
`13. Claims 4-14 are rejected under 35 U.S.C. 103(a) as being unpatentable over McNally et
`
`al. [McNally] (U.S. Patent No. 6,259,448).
`
`14. Regarding claims 4-6, McNally teaches that composite models can be developed, by
`
`selecting resources (allocating resources), depend on the need of the user [col. 8, lines 39-41].
`
`Therefore, it would have been obvious to one of ordinary skill in the art to recognize that
`
`McNally would allow the user to select the desired configuration and desired software
`
`component(s) for configuring the desired composite model.
`
`Oracle Exhibt 1002, Page 5
`
`

`

`• (cid:9)
`
`-'Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`•
`
`Page 5
`
`15. Regarding claim 7, McNally teaches a system comprising:
`
`a configurable communication link [col. 11, lines 11-13];
`
`a plurality of hardware devices (machines) coupled to the communication link [col. 11,
`
`lines 11-13]; and
`
`a plurality of software programs [col. 8, lines 33-34; col. 6, line 12], the software
`
`programs comprising at least one of operating system and application software [col. 6, lines 11-
`
`12], wherein the computing environment comprises the communication link, at least one of the
`
`hardware devices and at least one of the software programs (a computer machine must contain at
`
`least one processor and one operating system) [col. 11, lines 11-13].
`
`16. Regarding claim 8, McNally teaches that the system further comprising:
`
`a visual construction of the computing environment via a user interface [GUI], the user
`
`interface coupled to a display screen and to an input device (mouse) for generating signals in
`
`response to interactions of a user (drag-and-drop) [col. 9, lines 51-52], wherein the user interface
`
`configured to:
`
`accepting a first signal from the input device which enables the user to specify a type of
`
`operating system for use in the computing environment [col. 6, lines 7-16; col. 8, line 65 to col.
`
`9, line 3; col. 9, lines 13-18];
`
`accepting a second signal from the input device which enables the user to specify a type
`
`of hardware for use within the computing environment [col. 6, lines 7-16; col. 8, line 65 to col. 9,
`
`line 3; col. 9, lines 13-18];
`
`Oracle Exhibt 1002, Page 6
`
`

`

`-Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`Page 6
`
`accepting one or more further signals from the input device which enable the user to
`
`specify software to be used within the computing environment [col. 6, lines 7-16; col. 8, line 65
`
`to col. 9, line 3; col. 9, lines 13-18].
`
`17. Regarding claim 9, McNally teaches the interface is configured to allow the user to
`
`specify a new device (model) to run [Figs. 7, 8; col. 9, lines 34-63].
`
`18. Regarding claim 10, McNally teaches that plurality of configurations (distribution icons
`
`72) are displayed [Fig. 7; col. 10, lines 55-58].
`
`19. Regarding claim 11, McNally teaches that the hardware device (resource) is a hand-held
`
`device or a PDA (machine) [col. 6, line 10].
`
`20.
`
`Regarding claim 12, McNally teaches the system allows the user to select the needed
`
`displayed hardware (resource), therefor, it would have been obvious to one of ordinary skill in
`
`the art to recognize that McNall would also allow the user to specify the constrains on the
`
`hardware.
`
`21.
`
`Regarding claims 13 and 14, it is a matter of design choice for the user to request for
`
`shared storage or private storage.
`
`Allowable Subject Matter
`
`22.
`
`Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35
`
`U.S.C. 112, second paragraph, set forth in this Office action and to include all of the limitations
`
`of the base claim and any intervening claims.
`
`Oracle Exhibt 1002, Page 7
`
`

`

`Application/Control Number: 09/662,990 (cid:9)
`Art Unit: 2116
`
`Page 7
`
`Conclusion
`
`23. (cid:9)
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Thuan N. Du whose telephone number is (703) 308-6292. The
`
`examiner can normally be reached on Monday-Friday: 9:00 AM - 5:30 PM, EST.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Lynne H. Browne can be reached on (703) 308-1159.
`
`Any inquiry of a general nature or relating to the status of this application or proceeding
`
`should be directed to the receptionist whose telephone number is (703) 305-3900.
`
`The fax number for the organization is (703) 872-9306.
`
`Thuan N. Du
`June 8, 2004
`
`Oracle Exhibt 1002, Page 8
`
`

`

`P
`
`NOV 15 agg
`
`•1. (cid:9)
`
`o
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`pp scant:
`
`Sekaran Nanja
`
`Assignee:
`
`VERITAS Operating Corporation
`
`Title:
`
`Serial No.:
`
`Examiner:
`
`SYSTEM FOR CONFIGURATION OF DYNAMIC COMPUTING
`ENVIRONMENTS USING A VISUAL INTERFACE
`09/662,990 (cid:9)
`Filed: (cid:9)
`September 15, 2000
`
`Thuan N. Du (cid:9)
`
`Group Art Unit: 2116
`
`Docket No.:
`
`VRT0070US
`
`Austin, Texas
`Date Mailed: November 10, 2004
`
`Mail Stop Amendment
`Commissioner for Patents
`P. 0. Box 1450
`Alexandria, VA 22313-1450
`
`RESPONSE TO NON-FINAL OFFICE ACTION
`
`Dear Sir:
`
`RECEIVED
`NOV 2 4 2004
`Technology Center 2100
`
`This paper is responsive to the Office Action dated June 10, 2004, having a shortened
`
`statutory period expiring on September 10, 2004. Accompanying this response is a petition
`
`under 37 C.F.R. § 1.136 for a 2 month extension of time, setting a new time for response to
`
`November 10, 2004. Further examination and reconsideration are respectfully requested in view
`
`of the amendments and remarks set forth below.
`
`No Amendments to the Specification are presented in this paper.
`
`Amendments to the Claims are reflected in the listing of claims which begins on page 3
`
`of this paper.
`
`No amendments to the Drawings are presented in this paper.
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 9
`
`

`

`Remarks begin on page 7 of this paper.
`
`PATENT
`
`2
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 10
`
`

`

`PATENT
`
`AMENDMENTS
`
`In the Claims
`
`1-6. (cid:9)
`
`Cancelled.
`
`7.
`
`(Currently Amended) A system for providing configurable resources to create a
`
`computing environment, the system comprising
`
`a configurable communication link;
`
`a plurality of hardware devices coupled to the communication link; [[and]]
`
`a plurality of software programs [[coupled to]] executable by the hardware devices, the
`
`software programs comprising at least one of operating system software and
`
`application software, wherein the computing environment comprises the
`
`communication link, at least one of the hardware devices and at least one of the
`
`software programs; and
`
`a visual construction of the computing environment via a user interface, the user interface
`
`coupled to a display screen and to an input device for generating signals in
`
`response to interactions of a user, wherein
`
`the user interface is configured to accept a signal which enables the user to
`
`request a copy a device configuration,
`
`the system is configured to make the copy of the device configuration and save
`
`the copy of the device configuration in storage,
`
`the user interface is further configured to accept a signal which enables the user to
`
`instantiate a device from a stored configuration, and
`
`the system is further configured to instantiate the device from the stored
`
`configuration.
`
`8.
`
`(Currently Amended) The system of claim 7, further comprising: wherein the
`
`user interface configured to
`
`a visual construction of the computing environment via a user interface, the user interface
`
`3
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 11
`
`

`

`A
`
`PATENT
`
`accept a first signal from the input device which enables the user to specify a type
`
`of operating system for use in the computing environment;
`
`accept a second signal from the input device which enables the user to specify a
`
`type of hardware for use within the computing environment;
`
`accept one or more further signals from the input device which enable the user to
`
`specify software to be used within the computing environment.
`
`9.
`
`(Previously Presented) The system of claim 8, wherein the user interface is
`
`further configured to:
`
`accept a signal which allows the user to specify a new device to run in the computing
`
`environment,
`
`activate the new device, and
`
`display the computing environment having the new device.
`
`10.
`
`(Previously Presented) The system of claim 9, wherein the user interface is further
`
`configured to display a plurality of configurations-before accepting a first signal which enables
`
`the user to specify a type of configuration.
`
`11.
`
`(Previously Presented) The system of claim 10, wherein the hardware devices
`
`comprise at least one of a hand-held device, a PDA, a cell phone, a smart card, a Global
`
`Positioning System device, and a Point-of-Sale terminal.
`
`12.
`
`(Previously Presented) The system of claim 10, wherein the user interface is
`
`further configured to:
`
`accept a signal which allows the user to specify constraints on the hardware.
`
`13.
`
`(Previously Presented) The system of claim 12, wherein
`
`the user interface is further configured to accept a signal which enables the user to
`
`specify a request for shared storage;
`
`and
`
`the system is further configured to allocate the shared storage to be accessible through at
`
`least one of the hardware devices.
`
`-4
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 12
`
`

`

`PATENT
`
`14.
`
`(Previously Presented) The system of claim 12, wherein
`
`the user interface is further configured to accept a signal which enables the user to
`
`specify a request for private storage;
`
`and
`
`the system is further configured to allocate the private storage to be accessible through
`
`specific devices in the computing environment for a specific user.
`
`15. Cancelled.
`
`16.
`
`(New) A system for providing configurable resources to create a computing
`
`environment, the system comprising
`
`a configurable communication link;
`
`a plurality of hardware devices coupled to the communication link;
`
`a plurality of software programs executable by the hardware devices, the software
`
`programs comprising at least one of operating system software and application
`
`software, wherein the computing environment comprises the communication link,
`
`at least one of the hardware devices and at least one of the software programs;
`
`a visual construction of the computing environment via a user interface, the user interface
`
`coupled to a display screen and to an input device for generating signals in
`
`response to interactions of a user, wherein the user interface configured to:
`
`accept a first signal from the input device which enables the user to specify a type
`
`of operating system for use in the computing environment;
`
`accept a second signal from the input device which enables the user to specify a
`
`type of hardware for use within the computing environment;
`
`accept one or more further signals from the input device which enable the user to
`
`specify software to be used within the computing environment, wherein
`
`the user interface is further configured to
`
`accept a signal which allows the user to specify a new device to
`
`run in the computing environment,
`
`activate the new device,
`
`display the computing environment having the new device,
`
`-5
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 13
`
`

`

`PATENT
`
`display a plurality of configurations-before accepting a first signal
`
`which enables the user to specify a type of configuration,
`
`accept a signal which allows the user to specify constraints on the
`
`hardware,
`
`accept a signal which enables the user to specify a request for
`
`private storage,
`
`accept a signal which enables the user to request a copy of a device
`
`configuration, and
`
`accept a signal which enables the user to instantiate a device from
`
`a stored configuration, and
`
`the system is further configured to
`
`allocate the private storage to be accessible through specific
`
`devices in the computing environment for a specific user,
`
`make the copy of the device configuration and save the copy of the
`
`device configuration in storage, and
`
`instantiate the device from the stored configuration.
`
`-6
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 14
`
`

`

`PATENT
`
`Claims 1-15 are pending in the application.
`
`REMARKS
`
`Claims 1-15 stand rejected.
`
`Claims 7 and 8 have been amended.
`
`Claims 1-6 and 15 have been cancelled.
`
`Claim 16 has been added.
`
`Drawings
`
`Applicant thanks the Examiner for the Examiner's diligent review of the drawings. It is
`
`stated in the Office Action that the configurable communication link, the hardware devices
`
`coupled to the communication link, and the software programs coupled to the hardware devices
`
`are not shown in the drawings. Applicant respectfully disagrees.
`
`Applicant respectfully submits that these elements, or more correctly, examples of these
`
`elements, are indeed depicted in the drawings. Examples of a configurable communication link
`
`include connections over the internet (internet 108). Examples of a hardware device coupled to
`
`the communication link include the various servers depicted in Fig. 1 (including
`
`configuration/access server 103 and infrastructure server 104) and the hardware supporting web-
`
`based visual interface 102, among other hardware devices discussed in the application. As can
`
`be seen, these hardware devices are variously coupled to the examples of communications links
`
`just described. As to the software programs, Applicant respectfully notes that examples of such
`
`software programs include web-based visual interface 102 and the inventory of resources 105
`
`(which include computing resources, that include software (e.g., "USER1 creates a computing
`
`-7
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 15
`
`

`

`PATENT
`
`resource such as an x86 machine running Linux operating system", Specification p. 8, lines 2-3;
`
`"USER1 may configure or add as many machines, and operating systems and software as
`
`desired", Specification p. 8, lines 5-6).
`
`Moreover, Applicant respectfully notes that such is made clear at a variety of points
`
`within the present application. For example, at p. 8, lines 2-3 and 5-6, as noted above, and at p.
`
`7, lines 7-9, where it is stated that:
`
`"The specific hardware and interconnections of Fig. 1 are but one example
`
`of an architecture for providing allocable resources."
`
`Another example is provided at p. 11, lines 4-8, where it is stated that:
`
`"Based on the selection made by the user, the configuration server 103
`
`allocates a computer with the requested operating system and other application
`
`software. In another embodiment the user will be allowed to specify constraints
`
`on the hardware such as the size of the hard disk. In a further embodiment, the
`
`configurations listed will include computing devices like hand-held devices, cell-
`
`phones, point-of-sale terminals and others."
`
`Thus, as can be seen, the elements depicted in Fig. 1 are in fact hardware-based systems,
`
`as discussed in the specification. These hardware devices are coupled to one another by a
`
`configurable communication link, and are able to execute software.
`
`- 8 -
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 16
`
`

`

`PATENT
`
`Thus, Applicants respectfully submit that the features mentioned above are adequately
`
`enabled by the teachings of the application as filed in that one reasonably skilled in the art could
`
`make or use the invention from the disclosures in the application coupled with information
`
`known in the art without undue experimentation. See MPEP § 2164.01 Test of Enablement.
`
`Because the claims are adequately enabled by the application as filed, Applicants submit
`
`that the drawings of the Application meet the requirements of 35 U.S.C. § 113. See MPEP §
`
`608.02. The application includes at least one drawing and therefore meets the requirements of
`
`the first sentence of 35 U.S.C. § 113. Consequently, any rejections of the drawings being
`
`inadequate should fall under the second sentence of 35 U.S.C. § 113. Applicants respectfully
`
`assert that further illustrations required by the Examiner should be done prior to examination in a
`
`separate letter. Applicants, however, respectfully maintain that no such amendment is necessary,
`
`as the requisite elements are shown in Fig. 1.
`
`Double Patenting
`
`Claim 1-6 were provisionally rejected, under the judicially-created doctrine of double
`
`patenting, over claims 1 and 5-7 of copending Application No. 09/663,252, in the previous
`
`Office Action. That Office Action noted that the rejection was a provisional double patenting
`
`rejection since the conflicting claims have not yet been patented. Applicant has now cancelled
`
`claim 1-6, and so respectfully submits that the rejection is now moot.
`
`-9
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 17
`
`

`

`Allowable Subject Matter
`
`PATENT
`
`Claim 15 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C.
`
`§112, second paragraph, set forth in the Office action and to include all of the limitations of the
`
`base claim and any intervening claims. Applicants thank the Examiner for this indication of
`
`allowability. Claim 16 includes all of the limitations of the base claim (claim 15) and any
`
`intervening claims, and is rewritten to overcome the rejection(s) under 35 U.S.C. §112, second
`
`paragraph, set forth in the Office action. Claim 16 is therefore believed to be allowable.
`
`Rejection of Claims under 35 U.S.C. ,112
`
`Claims 7-15 stand rejected under 35 U.S.C. §112, second paragraph, as being indefinite
`
`for failing to particularly point out and distinctly claim the subject matter which Applicant
`
`regards as the invention. Applicant has amended claim 7 to address the Examiner's concerns.
`
`Claim 16 has been likewise amended. Applicant respectfully submits that the rejection of claims
`
`7-15 under 35 U.S.C. §112, second paragraph, are overcome thereby. New claim 16 is believed
`
`to be allowable in this regard, for at least this reason.
`
`Rejection of Claims under 35 U.S.C. §102
`
`Claims 1-3 stand rejected under 35 U.S.C. §102(e) as being anticipated by McNally et al.,
`
`U.S. Patent No. 6,259,448 (McNally). Applicant respectfully notes that claims 1-3 have been
`
`cancelled, and so this ground of rejection is now believed to be moot.
`
`-10-
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 18
`
`

`

`Rejection of Claims under 35 U.S.C. 103
`
`PATENT
`
`Claims 4-14 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over McNally
`
`et al., U.S. Patent No. 6,259,448 (McNally). Applicant respectfully disagrees.
`
`With regard to claims 4-6, Applicant respectfully notes that claims 1-3 have been
`
`cancelled, and so this ground of rejection is now believed to be moot.
`
`With regard to claims 7-14, Applicant respectfully submits that these claims are now in
`
`condition for allowance. Applicant has amended claim 7 to include the limitations of claim 15,
`
`as well as certain of the limitations of claim 8. Applicant respectfully submits that these
`
`limitations distinguish over McNally, taken alone or in light of skill in the art.
`
`Applicant therefore respectfully submits that claim 7 is in condition for allowance.
`
`Applicant further respectfully submits that claims 8-14, which depend from claim 7, are also in
`
`condition for allowance, for at least the foregoing reasons.
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 19
`
`

`

`, (cid:9)
`
`. (cid:9)
`
`PATENT
`
`CONCLUSION
`
`In view of the amendments and remarks set forth herein, the application is believed to be
`
`in condition for allowance and a notice to that effect is solicited. Nonetheless, should any issues
`
`remain that might be subject to resolution through a telephonic interview, the Examiner is invited
`
`to telephone the undersigned at 512-439-5084.
`
`I hereby certify that this correspondence is being deposited with
`the United States Postal Service as First Class Mail in an envelope
`addressed to: Mail Stop Amendment, Commissioner for Patents,
`P.O. Box 1450, Alexandria, VA 22313-1450, on November 10,
`2004.
`
`Respec lly submitted
`
`Attomey fir Applicant
`
`Date of Signature
`
`Samuel G. Campbell, III
`Attorney for Applicant
`Reg. No. 42,381
`Telephone: (512) 439-5084
`Facsimile: (512) 439-5099
`
`-12-
`
`Serial No. 09/662,990
`
`Oracle Exhibt 1002, Page 20
`
`

`

`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
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`7590 (cid:9)
`03/03/2005
`33031 (cid:9)
`CAMPBELL STEPHENSON ASCOLESE, LLP
`4807 SPICEWOOD SPRINGS RD.
`BLDG. 4, SUITE 201
`AUSTIN, TX 78759
`
`EXAMINER
`
`DU, THUAN N
`
`ART UNIT (cid:9)
`
`I (cid:9)
`
`PAPER NUMBER
`
`2116
`
`DATE MAILED: 03/03/2005
`
`APPLICATION NO. (cid:9)
`
`I (cid:9)
`
`FILING DATE
`
`FIRST NAMED INVENTOR (cid:9)
`
`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
`
`09/662,990 (cid:9)
`
`09/15/2000 (cid:9)
`
`Sekaran Nanja (cid:9)
`
`20706-000120US
`
`3504
`
`TITLE OF INVENTION: SYSTEM FOR CONFIGURATION OF DYNAMIC COMPUTING ENVIRONMENTS USING A VISUAL INTERFACE
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE
`
`PUBLICATION FEE (cid:9)
`
`I TOTAL FEE(S) DUE I (cid:9)
`
`DATE DUE
`
`nonprovisional
`
`YES
`
`$700
`
`$0
`
`$700
`
`06/03/2005
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON ME MERITS 5 CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS
`STATUTORY PERIOD CANNOT (cid:9)
`EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE
`REFLECTS A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE APPLIED IN THIS APPLICATION. THE PTOL-85B (OR
`AN EQUIVALENT) MUST BE RETURNED WITHIN THIS PERIOD EVEN IF NO FEE IS DUE OR THE APPLICATION WILL
`BE REGARDED AS ABANDONED.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`If the SMALL ENTITY is shown as NO:
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL should be completed and returned to the United States Patent and Trademark Office (USPTO) with
`your ISSUE FEE and PUBLICATION FEE (if required). Even if the fee(s) have already been paid, Part B - Fee(s) Transmittal should be
`completed and returned. If you are charging the fee(s) to your deposit account, section "4b" of Part B - Fee(s) Transmittal should be
`completed and an extra copy of the form should be submitted.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL-85 (Rev. 12/04) Approved for use through 04/30/2007.
`
`Page 1 of 3
`
`Oracle Exhibt 1002, Page 21
`
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`(cid:9)
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner fo