`
`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTIVIENT 0F COlVINIERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P 0 BOX 1430
`Alexandria Virginia 22313-1450
`WWW USPIO gov
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`
`
`
` F {ST NAMED INVENTOR
`APPLICATION NO.
`FILING DATE
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`12/489,326
`06/22/2009
`Daniel J. Mendez
`341244US91CONT
`1393
`
`22850
`
`7590
`
`02/03/2011
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`OBLON, SPIVAK, MCCLELLAND MAIER & NEUSTADT, L.L.P.
`1940 DUKE STREET
`ALEXANDRIA, VA 223 I4
`
`BURGESS, BARBARAN
`ART UNIT
`PAPER NUMBER
`
`2/457
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`NOTIFICATION DA'l E
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`DELIVERY MODE
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`02/03/20] 1
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`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`patentdocket @ 0blon.c0m
`ohlonpat@ oblonlcom
`jgardner @ 0blon.com
`
`PTOL-9OA (Rev 04/07)
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`VMware Exhibit 1003 Page 1
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`VMware Exhibit 1003 Page 1
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`Application No.
`Applicant(s)
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`12/489,326
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`MENDEZ ET AL.
`
`
`
`
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`
`
`A“ Unit
`Examiner
`Office Action Summary
`
`BARBARA N. BURGESS 2457
`-- 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 0137 CFR1. 136(a).
`In no event however may a reply be timer filed
`after SIX () MONTHS from the mailing date of this communication.
`|f 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 repIyWIII, 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).
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`Status
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`1). Responsive to communication(s) filed on 22 September 2010.
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`a)I:I This action is FINAL.
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`2b)IXI This action is non—final.
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`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 Exparte Quayle, 1935 CD. 11,453 QC. 213.
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`Disposition of Claims
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`4). Claim(s) M is/are pending in the application.
`4a) Of the above claim(s) _ is/are withdrawn from consideration.
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`5 El Claim 3) _ is/are allowed.
`66-85 is/are rejected.
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`is/are objected to.
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`are subject to restriction and/or election requirement.
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`Application Papers
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`9)|:I The specification is objected to by the Examiner.
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`10)|:I The drawing(s) filed on _ is/are: a)|:l accepted or b)I:I 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).
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`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
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`11)|: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. § 119(a)-(d) or (f).
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`a)|:l AII
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`b)I:I Some * c)I:I None of:
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`1.|:I Certified copies of the priority documents have been received.
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`2.|:| Certified copies of the priority documents have been received in Application No. _
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`3.|: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)).
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`* See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`4) I] Interview Summary (PTO-413)
`1) IX Notice of References Cited (PTO-892)
`Paper NOIS)/Mai| Date. _
`2) D Notice of Draftsperson‘s Patent Drawing Review (PTO—948)
`3) IX Information Disclosure Statement(s) (PTO/SB/OS)
`5) I:I NotIce 0f Informal Patent AppIIcation
`Paper No(s)/Mai| Date M.
`6)I:I Other.—
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
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`Part of Paper No./Mai| Date 20110129
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`VMware Exhibit 1003 Page 2
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`VMware Exhibit 1003 Page 2
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`

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`Application/Control Number: 12/489,326
`Art Unit: 2457
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`Page 2
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`DETAILED ACTION
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`Priority
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`1.
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`Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e)
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`or under 35 U.S.C. 120, 121, or 365(c) is acknowledged. Applicant has not complied
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`with one or more conditions for receiving the benefit of an earlier filing date
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`Information Disclosure Statement
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`2.
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`The information disclosure statement (IDS) submitted on 9-22-09 is in
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`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
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`statement is being considered by the examiner.
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`Claim Rejections - 35 USC § 101
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`3.
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`35 U.S.C. 101 reads as follows:
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`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the
`conditions and requirements of this title.
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`4.
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`Claims 66-85 are rejected under 35 U.S.C. 101 as not falling within one of the
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`four statutory categories of invention. While the claims recite a series of steps or acts to
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`be performed, a statutory “process” under 35 U.S.C. 101 must (1) be tied to particular
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`machine, or (2) transform underlying subject matter (such as an article or material) to a
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`different state or thing. See page 10 of In Re Bilski 88 USPQ2d 1385.
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`5.
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`The instant claims are neither positively tied to a particular machine that
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`accomplishes the claimed method steps nor transform underlying subject matter, and
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`therefore do not qualify as a statutory process. The method including steps of
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`VMware Exhibit 1003 Page 3
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`VMware Exhibit 1003 Page 3
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`Application/Control Number: 12/489,326
`Art Unit: 2457
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`Page 3
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`authenticating and conducting is broad enough that the claim could be completely
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`performed mentally, verbally or without a machine nor is any transformation apparent.
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`Claim Rejections - 35 USC § 112
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`6.
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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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`7.
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`Claim 46-65 rejected under 35 U.S.C. 112, second paragraph, as being indefinite
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`for failing to particularly point out and distinctly claim the subject matter which applicant
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`regards as the invention.
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`8.
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`Claims 46-65 appear to be system claims. However, there are no components in
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`the claims to make up the server. Applicant is asked to provide clarification.
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`Conclusion
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to BARBARA N. BURGESS whose telephone number is
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`(571)272-3996. The examiner can normally be reached on M-F (8:00am-4:00pm).
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, Ario Etienne can be reached on (571) 272-4001. The fax phone number for
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`the organization where this application or proceeding is assigned is 571 -273-8300.
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`VMware Exhibit 1003 Page 4
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`VMware Exhibit 1003 Page 4
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`Application/Control Number: 12/489,326
`Art Unit: 2457
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`Page 4
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`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
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`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.
`
`Barbara N Burgess
`Primary Examiner
`Art Unit 2457
`
`January 29, 2011
`
`/Barbara N Burgess/
`Primary Examiner, Art Unit 2457
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`VMware Exhibit 1003 Page 5
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`VMware Exhibit 1003 Page 5
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