UN11 l;D SIAI 1:3 PA ll:.Nl AND Tl?.ADl:MARI( Ol+lC]:.
`
`IJNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and '1‘nuIcnI.ark (Jflicc
`Ad¢In:s~;: (IOMMISSIONI-J{ I-"OR 1’A'I'|iNl'lx'
`P,() Iiux I450
`f\lcxnI1dria.Vir;:inia 22?-l3— I-I50
`www usplo gov
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`A|’I’I.I(.'/\'I'I()N NO.
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`121345.505
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`I"II.IN('u l)1\I'I‘.
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`l2f29!2(JDB
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`1"IRS'|' NAMIJ) Ii\'VIEi\"|'()I-3
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`i\'I‘I'()I{EVI'.Y DO('KI'i'I' NO.
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`(T(JN1"|RM./\'l'|03\." N0.
`
`Scott C, Ilarris
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`Wirclc5sCl
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`796.‘-
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`SCUTT C HARRIS
`1-’ 0 BOX 927649
`SAN DIEGO. CA 92192
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`COLIN CARL G
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`NOTIFICATION DATE
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`DELIVERY MODE
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`IDf29.I‘2UU'9
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`]:II_LiCl'RONlC
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`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.
`
`Notice of the Office communication was sent electronically on aboVe—indicated "Notification Date" to the
`following e-mail address(es):
`SC()1l@|1ElffISCS.C()I11
`SCIIIISPIO@gI111|Ii.C()I11
`
`l"TOL—9'0A (Rev. 0-#07)
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`STARWOOD Ex 1003, page 1
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`

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`Office Action Summary
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`Application No.
`
`Applicantls)
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`‘l2i34-5,565
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`HARRIS, SCOTT C.
`
`Examine,
`
`CARL COLIN
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`M Unit
`
`2433 -
`
`- The MAILING DA TE 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 § 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 3? 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 Irorn 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 1.7lJd(b).
`
`Statu s
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`1) Responsive to communication(s) filed on 29 December 2008.
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`2b)|Z This action is non—finaI.
`2a)I:| This action is FINAL.
`3)I:I 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 panie Quayle, 1935 CD. 11, 453 O5. 213.
`
`Disposition of Claims
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`ME Claim(s) 1 is/are pending in the application.
`4a) Of the above claim(s)_ is/are withdrawn from consideration.
`5)I:I Claim(s)
`isiare allowed.
`
`(HE C|aim(s) 1-:21’ isiare rejected.
`7)[:I C|aim(s)j isfare objected to.
`8)I:I C|aim(s)j are subject to restriction andior election requirement.
`
`Application Papers
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`9)I:I The specification is objected to by the Examiner.
`10) The drawing(s) filed on 29 December 2008 isfare: a)E accepted or b)|:| objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR ‘l.85(
`).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 3? CFR 1.‘l21(d).
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`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
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`Priority under 35 U.S.C. § 119
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`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § ‘l19(a)-(d) or (f).
`a)I:I All
`b)I:I Some * c)I:I None of:
`1.I:I Certified copies of the priority documents have been received.
`2.[:I Certified copies of the priority documents have been received in Application No.
`3.I:I 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.
`
`Attachmentjs)
`
`1) E Notice of References Cited (PTO—892)
`2) El Notice of Draftsperson's Patent Drawing Review (PTO-948)
`3) E Information Disclosure Statementis) (PTOlSBi08)
`Paper No(s)iMail Date ‘l2.f29r‘20D8.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`4) El Interview Summary (PTO-413)
`P3P9" N0t9l"M3“ D313 S
`5) El NOHCE Of '"f0|'mfi| Patent APP|iC3ti0|1
`6) El Other:
`.
`
`Office Action Summary
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`Part of Paper No.iIvlai| Date 20091025
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`STARWOOD Ex 1003, page 2
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`DETAILED ACTION
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`Pursuant to USC 13], claims 1-2] are presented for examination.
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`Priority
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`2.
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`Applicant’s claim for the benefit ofa prior-filed application under 35 U.S.C. 1 l9(e) or
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`under 35 U.S.C. 120, 12], or 365(e) is acknowledged.
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`Information Disclosure Statement
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`3.
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`The information disclosure statement filed 12/29/2008 fails to comply with 37 CFR
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`l_98(a)(l), which requires the following: (1) a list of all patents, publications, applications, or
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`other information submitted for consideration by the Office; (2) U.S. patents and U.S. patent
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`application publications listed in a section separately from citations of other documents; (3) the
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`application number of the application in which the information disclosure statement is being
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`submitted on each page of the list; (4) a column that provides a blank space next to each
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`document to be considered, for the examiner’s initials; and (5) a heading that clearly indicates
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`that the list is an information disclosure statement. The information disclosure statement has
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`been placed in the application file, but the information referred to therein has not been
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`considered.
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`STARWOOD Ex 1003, page 3
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Double Parenting
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`4.
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`The nonstatutory double patenting rejection is based on a judicially created doctrine
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`grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or
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`improper timewise extension of the "right to exclude" granted by a patent and to prevent possible
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`harassment by multiple assignees. See In re Goodman, 1 1 F.3d 1046, 29 USPQ2d 2010 (Fed.
`
`Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 686
`
`F.2d 937, 214 USPQ 761 (CCPA l982);1n re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA
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`l970);and, In re Tkorfngron, 418 F.2d 528, I63 USPQ 644 (CCPA 1969).
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`A timely filed terminal disclaimer in compliance with 37 CFR l.32l(c) may be used to
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`overcome an actual or provisional rejection based on a nonstatutory double patenting ground
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`provided the conflicting application or patent is shown to be commonly owned with this
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`application. See 37 CFR l.l3U(b).
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`Effective January 1, 1994, a registered attorney or agent of record may sign a terminal
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`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37
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`CFR 3.73(b).
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`5.
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`Claim 1-21 are rejected on the ground of nonstatutory obviousness—type double patenting
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`as being unpatentablc over claims l—|4 of U.S. Patent No. 7,490,348. Although the conflicting
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`claims are not identical, they are not patentably distinct from each other.
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`6.
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`Claim(s) 1-14 of Patent/Application #7,490,348 contain(s) every element of
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`claim(s) 1 and 13 of the instant application and thus anticipate the clai1n(s) of the
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`instant application. Claim(s ) 1-16 of the instant application therefore isfare not
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`patently distinct from the earlier patent claim(s) and as such is/are unpatentable over
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`STARWOOD Ex 1003, page 4
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`

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`Application/Control Number: l2f345,565
`Art Unit: 2433
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`Page 4
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`ohvi0us—type double patenting. A later patent/application claim is not patentably
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`distinct from an earlier claim if the later claim is anticipated by the earlier claim.
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`“A later patent claim is not patentably distinct from an earlier patent claim it the later
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`claim is obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896,
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`225 USPQ at 651 (affirming a holding of obviousness—type double patenting because
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`the claims at issue were obvious over claims in four prior art patents); In re Berg, 140
`
`F.3d at 1437, 46 USPO2d at 1233 (Fed. Cir. 1998) (affirming a holding of obviousness
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`type double patenting where a patent application claim to a genus is anticipated by a
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`patent claim to a species within that genus). “ ELI LILLY AND COMPANY v BARR
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`LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON
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`PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
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`"Claim 12 and Claim 13 are generic to the species of invention covered by
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`claim 3 of the patent. Thus, the generic invention is "anticipated" by the
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`species of the patented invention. Ct., Titanium Metals Corp. v. Banner,
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`778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (holding that an earlier
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`species disclosure in the prior art defeats any generic claim) 4 . This
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`court's predecessor has held that, without a terminal disclaimer, the
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`species claims preclude issuance of the generic application. In re Van
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`Ornum, 686 F.2d 937, 944, 214 USPQ 761, 767 (CCPA 1982).
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`Accordingly, absent a terminal disclaimer, claims 12 and
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`13 were properly rejected under the doctrine of obviousness-type double
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`patenting." (In re Goodman (CA FC) 29 USPQ2d 2010 (12i'3!1993)
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`STARWOOD Ex 1003, page 5
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Page 5
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`7.
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`Claim 17 of the instant application is similar to claims 1 and 4 of the patented application
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`except for specifying a resource such as voice over IP.
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`It would have been obvious to one of
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`ordinary skill in the art in possession of the claims of the patented application to implement the
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`invention over any kinds of network resources since this would only require routine skill in the
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`art as the patented application discloses using first access criteria for network access resources.
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`Therefore, claims 17-21 are rejected under obviousness-type double patenting.
`
`Claim Rejections - 35 USC § 1 I2
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`The following is a quotation of the second paragraph of 35 U.S.C. 112:
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`The specification shall conclude with one or more claims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
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`9.
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`Claims 1-18 are rejected under 35 U.S.C.
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`l 12, second paragraph, as being indefinite for
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`failing to particularly point out and distinctly claim the subject matter which applicant regards as
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`the invention.
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`10.
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`Claims 1, 13, and 17 recite transmitting a first and second wireless network system. The
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`word system as known in the art defines a number of connected hardware components.
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`It
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`appears that applicant meant to claim wireless communication or wireless service. Appropriate
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`correction is requested.
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`1 1.
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`Claim 15 recites the limitation "said encrypted stream" on line 4 and “said unencrypted
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`stream” on line 7. There is insufficient antecedent basis for this limitation in the claim.
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`STARWOOD Ex 1003, page 6
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Claim Rejections - 35 USC § 102
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`12.
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`The following is a quotation ofthe appropriate paragraphs of 35 U.S.C. 102 that form the
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`basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(e) the invention was described in (1) an application for patent, published under section
`l22(b), by another filed in the United States before the invention by the applicant for
`patent or (2) a patent granted on an application for patent by another filed in the United
`States before the invention by the applicant for patent, except that an international
`application filed under the treaty defined in section 351(3) shall have the effects for
`purposes of this subsection of an application filed in the United States only if the
`international application designated the United States and was published under Article
`21(2) of such treaty in the English language.
`
`Claims I, 2, 4-7, 9, 10, and 12 are rejected under 35 U.S.C. l02(c) as being anticipated
`
`by US Patent 6,970,927 to Stewart et al (Appiicant ’s IDS).
`
`As per claim 1, Stewart et 211 discloses a wireiess network transmitting system
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`comprising (see column 9, lines 39-42), Stewart et al discloses the system has different access
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`points that can provide different communication channels and separate communication traffic
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`based on the network providers being used (see column 14, lines 19-39); a first level access
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`providing access to local resources as well as access to the Internet that meets the recitation of a
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`first networking device. lf‘r.’1l1SlI£i!Iifi'g' afirst wi'reie.s's network sysremjrom afirst location. (see
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`Column 16, lines 13-20) saia'_first wireless network system requiring afirst access criteria in
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`order to access .s‘aidjir.s’t wire1e.s:s' network .s;vstem, and .s’aidflrst wireless network .system, when
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`accesseci using saialfirst access criteria, providing afirst level’ ofaccess to network resources
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`(see column 16, lines 13-15 and column 16, line 48 through column 17, line 3), Stewart et al
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`also discloses for instance one or more access points are comprised in an airport and one or more
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`STARWOOD Ex 1003, page 7
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Page 7
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`airlines may maintain various resources (see column 16, lines 21-25) and as noted above the
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`system has different access points that can provide different communication channels and access
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`level and separate communication traffic based on the network providers being used (see column
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`14, lines 19-39) that meets the recitation of a second netwotrking device, transn-n'tting a second
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`wireiess network systentfront an area adjacent saidfirst location. Stewart et al discloses a
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`second access level allowing access to the Internet only and no access to local network resources
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`on the network that meets the recitation of said second wireless network sjzstent controiiing
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`access without saidfirst access criteria, and providing a second level ofaccess to network
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`resources in order to access said second wireiess network system, wherein said second level of
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`access to network resources provided by said second wireless network system is fess access to
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`network resources than provided by saidfirst level’ ofaccess to network resources provided by
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`sat'djit1s't wireless network s;v.s'tem (sec column I6, lines I5-20 and column I6, line 48 through
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`column 17, line 3). Stewart et al also discloses said first communication part having its access
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`controlled by requiring users of the first communication part to use a first secret key
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`(identification information which indicates access level) saidfirst wireless network system, when
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`accessed using saidfirst access criteria (see column 15, lines 40-46 and column 16, lines 42-55)
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`said second wireiess network system c(Jntr()H1'ng access without said_first access criteria
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`(identification information) (see column 12, lines 39-46 and column 16, lines 42-55). See
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`examples ofidentification information in (column 6, lines 18-30 and column 14, lines 55-59, and
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`column 11, lines 3-33).
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`STARWOOD Ex 1003, page 8
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Page 8
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`As per claim 2, Stewart et al discloses different access points that can provide different
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`communication channels and access level and separate communication traffic based on the
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`network providers being used (see column 14, lines 19-3 9) that meets the recitation of wherein
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`saidjirst and second networidng devices are two separate devices which are physically in a
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`same housing, and transmit over a same area.
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`(See also fig.2).
`
`As per claim 4, Stewart et al discloses allowing access to specified level of access to
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`services (i.c. restricted to use or view private resources of the network) that meets the recitation
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`of wherein .s'aid_}'irSt‘ level Qfaccess to network resources provides‘ :1 first total am-mm! of data
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`that can be transferred in a specified session, and said second ievei Qfaccess to network
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`resources provides a secrmd total’ amount Qfdaia that can be transferred in a specg'fied session,
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`wherein said second rota!’ amount is less than said_first total amount (see column 16, lines 29-
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`37').
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`As per claim 5, Stewart et al discloses an access granting mechanism that detects uscr’s
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`access level within an identification information (see column 16, lines 15-20 and colurrm 16, line
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`48 through column 17, line 3) that meets the recitation of wherein said access criteria is a digital
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`kev.a
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`As per claim 6, Stewart et al discloses a second access level allowing access to the
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`lntcmct only and no access to local network resources on the network that meets the recitation of
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`STARWOOD Ex 1003, page 9
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`wherein said second wireiess network system aiiows access only based on a second access
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`criteria (sec column 16, lines 15-20 and column 16, line 48 through column I7, line 3).
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`As per claim 7, Stewart et al discloses access level dependent on identification
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`information that meets the recitation of wherein said second access criteria is aiso a digital’ key
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`that is ti.y‘jerent than tnejirst digital key (sec column I5, lines 40-48).
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`As per claim 9, Stewart et al discloses wherein said access criteria limits access such
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`that oniy specific Internet pages which can be obtained (see column 16, lines 21-47).
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`As per Claim 10, Stewart el: al discloses wherein said access is based on a token that
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`aiiows only a certain amount ofdata transfier (see column 16, lines 2 I -47).
`
`As per claim 12, Stewart et al discloses for instance, one or more access points are
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`comprised in an airport and one or more airlines may maintain various resources (see column 16,
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`lines 21-25) and the system has different access points that can provide different communication
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`channels and access level and separate communication traffic based on the network providers
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`being used (see column 14, lines 19-39) that meets the recitation of a third networking device,
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`transmitting a third wireiess network sys2‘eni_fi*'om an area adjacent saidfirst location. Stewart
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`et al discloses a third level access providing access only to specified internet sites or web pages
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`and does not include access to private files on said system and this access does not require any
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`key as it is provided to non-authorized users (see column 15, line 60 through column 16, line 3)
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`STARWOOD Ex 1003, page 10
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Page 10
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`that meets the recitation of wherein said third networicing device operates without either 0f.s'ai¢ri
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`first or second access criteria and provides a third ievcl Qfaccess to resources‘ which is !'e.s's
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`access to resr)urrc:es than either r_)f'sairi_fir.st or secoml ievels cfacce.s's.
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`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. l03(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 having ordinary
`skill in the art to which said subject matter pertains. Patcntability shall not be negativcd
`by the manner in which the invention was made.
`
`Claim 8 is rejected under 35 U.S.C. l03(a) as being unpatcntablc over US Patent
`
`6,970,927 to Stewart et al (Applicant '5 IDS) in view of Examiner's Official Notice.
`
`As per claim 8, Stewart et al substantially discloses the identification information may
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`be in form of digital certificate (see column 12, lines 4-14) (see column 6, lines 18-30 and
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`column I4, lines 55-59). Examiner takes official notice that it is very well known in the art that
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`a digital certificate may include encryption key (such as public key) to access information.
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`Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention
`
`was made to modify the method of Stewart et alto use an encryption key as identification
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`information so as to provide security for private information as well-known in the art (see
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`column 12, lines 4-l5 a11d column 16, lines 21-47).
`
`STARWOOD Ex 1003, page 11
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`

`
`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`14.
`
`Claims I3, 14, and 16 are rejected under 35 U.S.C. l03(a) as being unpatentable over
`
`US Patent 6,970,927 to Stewart et al (Applicant is IDS) in view of Applicant’s Admitted
`
`Prior Art (AAPA).
`
`As per claim I3, Stewart et al substantially discloses a wireless network ,system,
`
`comprising.‘ Stewart et al discloses the system has different access points that can provide
`
`different communication channels and separate communication traffic based on the network
`
`providers being used (see column 14, lines 19-3 9) that meets the recitation of first portion. The
`
`access points also determine the appropriate access level and access method (see column 13,
`
`lines 17-27). Stewart et al discloses a first portion that provides network access and requires
`
`specific identification information for allowing access to resources only on the local network
`
`(see column 13, lines 18-27) that meets the recitation of .' afirst networking device, transmitting
`
`afirst wireiess network .sjfi.s‘tentfrorti a first iocation, saidfirst wireless network .s‘ysrent sending
`
`and receiving
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`information in order to access s'aid_fir.s't wireless network systent, and said_fir.s't
`
`wireless network .s'ystetJi providing ajirsr ievei ofaccess to network i‘eS0tii‘C€.S‘ via said
`
`infiirniation;
`
`Stewart et al discloses a second portion which does not require the identification
`
`information to get access, and provides the lowest possible level of access to only external access
`
`such as the Internet (a subset of said specified network features) (see column 13, lines 34-44 and
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`column 12, lines 28-33 and lines 42-46) that meets the recitation of .' a second networking
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`device, transmitting a second wireless’ network systentfi-orn an area adjacent saidfirst iocation,
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`STARWOOD Ex 1003, page 12
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
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`Page 12
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`said second wireless network system. not being encrypted, and providing a second ievei ofaccess
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`to network resources in order to access said second wireiess network svstem, wherein said
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`second ievei ofaccess to network resources provided by said second wireless network system
`
`provides less access to network resources than provided by said_fir.s'r ie vei ofaccess to network
`
`resources provided by saidfirst wireless network system. Stewart et al also discloses limited
`
`access may be only certain Intranet sites (see column 12, lines 28-38).
`
`Stewart does not explicitly disclose that the information may be encrypted or not
`
`encrypted for different level of access. However, App|icant’s admitted prior art discloses it is
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`very well—known in the art of wireless networks to use encryption so that security can be
`
`achieved. Therefore, it would have been obvious to one ofordinary skill in the art at the time the
`
`invention was made to modify the method of Stewart et al to use an encryption as to provide
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`secure communication to authorized users.
`
`As per claim 14, Stewart et al discloses different access points that can provide different
`
`communication channels and access level and separate communication traffic based on the
`
`network providers being used (see column 14, lines 19-3 9) that meets the recitation of wherein
`
`saidfirsz‘ and second networking devices are two separate devices which are physicaliy in a
`
`same housing, and transmit over a same area.
`
`(See also fig.2).
`
`As per claim 16, Stewart et al discloses for instance, one or more access points are
`
`comprised in an airport and one or more airlines may maintain Various resources (see column 16,
`
`lines 21-25) and the system has different access points that can provide different communication
`
`STARWOOD Ex 1003, page 13
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`

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`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`Page 13
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`channels and access level and separate communication traffic based on the network providers
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`being used (see column 14, lines 19-39) that meets the recitation of a third networking device,
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`transntitting a third wii'eies's network systenifi'ani an area adjacent satflfirst location. Stewart
`
`et al discloses a third level access providing access only to specified intcrnct sites or web pages
`
`and does not include access to private files on said system and this access does not require any
`
`key as it is provided to non-authorized users (see column 15, line 60 through column 16, line 3)
`
`that meets the recitation of wherein sairi third netwariring device operates’ wiflzaut either af.s'airI
`
`first or second access criteria and pro vides a third ievel ofaccess to resonrce.s‘ which is Fess
`
`access‘ to resources than either af.s'aidfir.s'2‘ or second ievels afacce.s‘s.
`
`15.
`
`Claims 3 and 17-21 are rejected under 35 U_S.C. 103(a) as being unpatentable over US
`
`Patent 6,970,927 to Stewart et al (Applicanr’s IDS) in view of US Patent ?,2 15,638 to
`
`Roberts et al.
`
`As per claim 3, Stewart et at substantially discloses providing different level of access to
`
`network resources (see column 12, lines 28-46) including voice over IP (see column 16, lines 13-
`
`21). Stewart does not explicitly disclose restricting access to video over IP. Roberts et al in an
`
`analogous art discloses controlling access with voice over IP wherein in one level of access it
`
`may be authorized and in second level of access it is not. Also when the packets are encrypted or
`
`encapsulated they are allowed to pass through an IP tunnel, which otherwise may be restricted
`
`(see column 5, lines I-39). Therefore, it would have been obvious to one of ordinary skill in the
`
`art at the time the invention was made to modify the method of Stewart et al to control access to
`
`STARWOOD Ex 1003, page 14
`
`

`
`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`Page 14
`
`video over IP service as suggested by Roberts et alto allow limited access when access is not
`
`otherwise authorized (see column 1, lines 9-16) and as suggested by Stewart et al (see column
`
`12, lines 28-46).
`
`As per claim 17, Stewart et al discloses a network transmitting system comprising (see
`
`column 9, lines 39-42), Stewart et al discloses the system has different access points that can
`
`provide different communication channels and separate communication traffic based on the
`
`network providers being used (see column 14, lines 19-39); a first level access providing access
`
`to local resources as well as access to the Internet that meets the recitation of a first networiling
`
`device, transnzim'ng afir.s't wireless network sy.stein_fi'orn afirsr Jocarion. (see column 16, lines
`
`13-20) saidfirst wireiess networI1's_v.stem requiring a_first access criteria in order to access said
`
`_firsr wireiess network .s;v.s-rem, and saidfirst wireiess network system, when accessed using said
`
`first access criteria, providing afirst level ofaccess to network resources (see column 16, lines
`
`13-15 and column 16, line 48 through column 17, line 3), and providing video over IP access
`
`which can be accessed using saidfirst access criteria (see column 16, lines 13-21). Stewart et
`
`al also discloses for instance one or more access points are comprised in an airport and one or
`
`more airlines may maintain various resources (see column 16, lines 21-25) and as noted above
`
`the system has different access points that can provide different communication channels and
`
`access level and separate communication traffic based on the network providers being used (see
`
`column 14, lines 19-39) that meets the recitation of a second networking device, transmitting a
`
`second wirel’es.s‘ network system that is a separate networkfivm .said_fir'st wireless network
`
`system. Stewart et al discloses a second access level allowing access to the Internet only and no
`
`STARWOOD Ex 1003, page 15
`
`

`
`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`Page 15
`
`access to local network resources on the network that meets the recitation of said second wireless
`
`network system controllfng access w1'rhozrIsat'a'first access criteria, and providing a second level
`
`ofaccess to network resources in order to access said second wireless network system, wherein
`
`said second level ofaccess to network resources provided by said second wireless network
`
`system is less rzccess to network resources than provided by .s'afrf_fi1'sHeve.7 ofacce.s'.s' to network
`
`resources provtoled by sa.e'd_fir.s‘t wt're!'ess network system (see column 16, lines 15-20 and column
`
`16, line 48 through column 17, line 3).
`
`Stewart does not explicitly disclose restricting access to video over IP. Roberts et al in
`
`an analogous art discloses controlling access with voice over IP wherein in one level of access it
`
`may be authorized and in second level of access it is not. Also when the packets are encrypted or
`
`encapsulated they are allowed to pass through an IP tunnel, which otherwise may be restricted
`
`(see Column 5, lines I-39). Therefore, it would have been obvious to one of ordinary skill in the
`
`art at the time the invention was made to modify the method of Stewart et al to control access to
`
`video over IP service as suggested by Roberts et alto allow limited access when access is not
`
`otherwise authorized (see column 1, lines 9-16) and as suggested by Stewart et al (see column
`
`12, lines 28-46).
`
`As per claim 18, Stewart et al discloses different access points that can provide different
`
`communication channels and access level and separate communication traffic based on the
`
`network providers being used (see column 14, lines 19-3 9) that meets the recitation of wherein
`
`.s'ai'dfirs2‘ and second nerwrinking devices are two separate devices which transmit over at same
`
`area. (See also fig.2).
`
`STARWOOD Ex 1003, page 16
`
`

`
`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`As per claim 19, Stewart et al discloses access level dependent on identification
`
`information that meets the recitation of wherein said second wireless network system oflows
`
`access only based on a second access crt'tert'a, dt'}_Ffe:'ent than s'at'dfirsl access crx'tert'a (sec
`
`column 15, lines 40-48).
`
`As per claim 20, Stewart et al substantially discloses the identification information may
`
`be in form ofdigital certificate (scc column 12, lines 4-14) (see column 6, lines 18-30 and
`
`column 14, lines 55-59). Examiner takes official notice that it is very well known in the art that
`
`a digital certificate may include encryption key (such as public key) to access information.
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention
`
`was made to modifiy the method of Stewart et al to use an encryption key as identification
`
`information so as to provide security for private information as well—known in the art (see
`
`column 12, lines 4-15 and column 16, lines 21-47).
`
`As per claim 21, Stewart et al discloses for instance, one or more access points are
`
`comprised in an airport and one or more airlines may maintain various resources (sec column 16,
`
`lines 21-25) and the system has different access points that can provide different communication
`
`channels and access level and separate communication traffic based on the network providers
`
`being used (see column 14, lines 19-39) that meets the recitation of a third networking device,
`
`transntftring (J third wireless network .s‘y.s2‘en1_from an area adjacent sa1'ct'first location. Stewart
`
`et al discloses a third level access providing access only to specified intemet sites or web pages
`
`STARWOOD Ex 1003, page 17
`
`

`
`Application/Control Number: 12/345,565
`Art Unit: 2433
`
`Page 17
`
`and does not include access to private files on said system and this access does not require any
`
`key as it is provided to non-authorized users (see column 15, line 60 through column 16, line 3)
`
`that meets the recitation of wherein sairi third netw0ril'ing device operates withrmt either Qfsairi
`
`_fir.s’r or second access criteria and provides a third ievel ofaccess to resources which is iess
`
`aeee.s's to reSr)m'c:e.s' than either of'sairI_fir.s't‘ or seermd ieveis rgfaeee.s‘s.
`
`16.
`
`Claims 15 is rejected under 35 U.S.C. l03(a) as being unpatentable over US Patent
`
`6,970,927 to Stewart et al (Applicants IDS) in view of Applicant's Admitted Prior Art
`
`(AAPA) in view of US Patent 7,215,638 to Roberts et al.
`
`As per claim 15, Stewart et al substantially discloses providing different level of access
`
`to network resources (see column 12, lines 28-46) including voice over IP (see column 16, lines
`
`13-21). Stewart does not explicitly disclose restricting access to video over IP. Roberts et al in
`
`an analogous art discloses controlling access with voice over IP w