`
`UNrrED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United Sula Patent md Trademark Office
`MAN“: COMMISSIONER FOR PATENTS
`PO. Box IISO
`Ala-Min. Virgin'n 21113-1450
`wwwiuspmgov
`
`90/010422
`
`02/26/2009
`
`6.009.469
`
`2655-0! 85
`
`6565
`
`4262‘
`
`7590
`
`08/250009
`
`EXAMINER
`
`momvmmo
`
`DAVIDSON BERQUIST JACKSON & GOWDEY LLP
`4300 WILSON BLVD., 7TH FLOOR
`ARLINGTON, VA 22203
`
`A“ UN”
`
`PAPER NUMBER
`
`DATE MAILED: 0805/2009
`
`_ Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PTO-90C (Rev. l0l03)
`
`Page 1 of 30
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`Cisco-- Exhibit 1025
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`Cisco -- Exhibit 1025
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`

` —_—_W~_
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`'3
`l-’
`
`,
`
`’
`
`1‘
`
`Omissions! tor Pawns
`United States Patent and Trademark Office
`P,0. Boxuso
`Alexandria, VA 2231 3-1450
`wavelet!
`
`DO NOT USE IN PALM PRINTER
`
`(THIRD PAW REQUESTER‘S CORRESPONDENCEADDRESS)
`
`BLAKELY SOKOLOFF TAYLOR 8. ZAFMAN LLP
`
`1279 OAKMEAD PARKWAY
`SUNNWALE, CA 940854040
`
`MA‘LED
`
`_
`
`AUG 2 5 2009
`
`CENTRAL REExAMlNATION UN”
`
`EX PARTE REEXAMINATION COMMUNICATION TRANSMITTAL FORM
`
`REEXAMINATION CONTROL NO. 90/010 422.
`
`PATENT NO. 6 009 469.
`
`ART UNIT 3992.
`
`Enclosed is a copy of the latest communication from the United States Patent and Trademark
`Office in the above identified ex parte reexamination proceeding (37 CFR 1.550(0).
`
`Where this copy is supplied after the reply by requester, 37 CFR 1.535, or the time for filing a
`reply has passed, no submission on behalf of the ex parte reexamination requester will be
`acknowledged or considered (37 CFR 1.550(9)).
`‘
`
`PTOL-465 (Rev.07-04)
`
`Page 2 of 30
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`

`

`Office Action in Ex Parte Reexamination
`
`Control No.
`90/010422
`Examiner
`
`Patent Under Reexamination
`6.009.469
`
`.- The MAILING DA TE of this communication appears on the cover sheet wlth the correspondence address -
`
`bD This action is made FINAL
`3E Responsive to the communication(s) filed on 26 February 2009.
`CE A statement under 37 CFR 1.530 has not been received from the patent owner.
`
`A shortened statutory period for response to this action is set to expire g month(s) from the mailing date of this letter.
`Failure to respond within the period for response will result in termination oi the proceeding and issuance of an ex parte reexamination
`certificate in accordance with this action. 37 CFR 1.550(d). EXTENSIONS OF TIME ARE GOVERNED BY 37 CFR 1.550(c).
`If the period for response specified above is less than thirty (30) days, a response within the statutory minimum of thirty (30) days
`will be considered timely.
`
`Part I
`
`THE FOLLOWING ATTACHMEN'HS) ARE PART OF THIS ACTION:
`
`1. E] Notice of References Cited by Examiner. PTO-892.
`
`2. 8 Information Disclosure Statement. PTO/SBIOB.
`
`3.
`
`4.
`
`[3 Interview Summary, PTO-474.
`
`D
`
`Part II
`
`SUMMARY OF ACTION
`
`13.
`
`1b.
`
`Claims 1-3, 5, 6, 6,9 and 14s18 are subject to reexamination.
`
`Claims 4. 7 and 1213 are not subject to reexamination.
`
`Claims _h_ave been canceled in the present reexamination proceeding.
`
`10. C] Other:
`
`Claims _are patentable and/or confirmed.
`
`Claims 1-3 56 8-9 14-18 are rejected.
`
`Claims _are objected to.
`
`The drawings, filed on _fle acceptable.
`
`. C] The proposed drawing correction, filed on J5 been (7a) D approved (7b)[:] disapproved.
`
`. D Acknowledgment is made of the priority claim under 35 U.S.C. § 119(a)-(d) or (f).
`
`a)E] All ME] Some' QC] None
`
`of the certified copies have
`
`10 been received.
`
`2D not been received.
`
`all been filed in Application No. _.
`
`4E] been filed in reexamination Control No. _
`
`5D been received by the lntemational Bureau in PCT application No. __._
`
`' See the attached detailed Office action for a list ot the certified copies not received.
`
`9. [:1 Since the proceeding appears to be in condition for issuance of an ex parte reexamination certificate except for formal
`matters, prosecution as to the merits is closed in accordance with the practice under Ex parte Quayle, 1935 CD.
`11, 453 0.6. 213.
`
`us. Patent and Trademark ome-
`PTOL—466 (Rev. 08-06)
`
`Office Action in Ex Pane Reexamination
`
`Part of Paper No. 20090812
`
`Page 3 of 30
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`'>‘
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 2
`
`DETAILED ACTION
`
`I)
`
`This Office action addresses claims 1-3, 5-6, 8-9, 14-18 of United States Patent Number
`
`6,009,469 (Mattaway et al), for which it has been determined in the Order Granting Ex Pane
`
`Reexamination (hereaficr the “Order”) mailed 3/13/09 that a substantial new question of
`
`patentability was raised in the Request for Ex Parle reexamination filed on 2/26/09 (hereafter the
`
`“Request”). Claims 4, 7, 10-13 are not subject to reexamination.
`
`IDS
`
`2)
`
`With regard to the IDS filed 6/1 1/09:
`
`Where the IDS citations are submitted but not described, the examiner is only responsible
`for cursorily reviewing the references. The initials of the examiner on the PTO-I449 indicate
`only that degree of review unless the reference is either applied against the claims, or discussed
`by the examiner as pertinent art of interest, in a subsequent office action. See Guidelines for
`Reexamination of Cases in View of In re Portola Packaging, lnc., 110 F.3d 786, 42 USPQ2d
`1295 (Fed. Cir. 1997), 64 FR at 15347, 1223 Off. Gaz. Pat. Office at 125 (response to comment
`6).
`
`Consideration by the examiner of the information submitted in an 1DS means that the
`examiner will consider the documents in the same manner as other documents in Office search
`
`files are considered by the examiner while conducting a search of the prior art in a proper field of
`search. The initials of the examiner placed adjacent to the citations on the PTO-1449 or
`PTO/SB/O8A and 08B or its equivalent mean that the information has been considered by the
`examiner to the extent noted above. MPEP § 609 (Eighth Edition, Rev. 5, August 2006).
`Regarding IDS submissions MPEP 2256 recites the following: "Where patents,
`publications, and other such items of information are submitted by a party (patent owner or
`requester) in compliance with the requirements of the rules, the requisite degree of consideration
`to be given to such information will be normally limited by the degree to which the party filing
`the information citation has explained the content and relevance of the information."
`Accordingly, the IDS submissions have been considered by the Examiner only with the
`scope required by MPEP 2256.
`
`With regard to the lDS’s filed 8/11/09 and 8/12/09:
`
`These lDS’s have been given due consideration. However, that which are not either prior
`art patents or prior art printed publications have been crossed out so as not to appear reprinted on
`the front page of the patent.
`
`Rejections
`
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`'at
`
`Applicatiow’Control Number: 90!010,422
`
`Art Unit: 3992
`
`Page 3
`
`3)
`
`The following three rejections are utilized by the examiner below, referencing the
`
`proposed prior art listed on pages 4—6 of the Request:
`
`Issue 1:
`
`Claims 1-3, 5-6, 8-9, 14-18 in view of NetBIOS, RFC 1531, Pinard and
`
`VocalChat User’s Guide.
`
`Issue 2:
`
`Claims 1-3, 5-6, 8-9, 14-18 in view of Etherphone, Vin, RFC 1531, Pinard
`
`and VocalChat User’s Guide.
`
`Issue 3:
`
`_ Claims 1-3, 5-6, 8-9, 14-18 in view'of VocalChat, RFC 1531 and Pinard.
`
`Cto im Rejection Paragraphs
`
`4)
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103(3) 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. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`Issue 1
`
`5)
`
`Claims 1-3 and 5-6 are rejected under 35 U.S.C. 103(3) as being unpatentable by
`
`NetBIOS, further in view of RFC 1531.
`
`Referring to (Claim 1), NetBIOS teaches a computer program product for use with a
`
`computer system having a display, the computer system capable of executing a first process and
`
`connecting to other processes and a server process over a computer network tfletBlOS, pg. 356,
`
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`il
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 4
`
`357, whereby the system is run on personal computers over TCP/IP networks, personal
`
`computers inherently containing a display), the computer program product comprising a
`
`computer usable medium having computer readable code means embodied in the medium
`
`comprising:
`
`a. program code for generating a user-interface enabling control a first process executing
`
`on the computer system (NetBlOS, pg. 356, 359, whereby computers executing NetBlOS may
`
`contain DOS operating systems or may operate on other omrating systems, which examiner
`
`notes inherently contain at least text-based user interfaces);
`
`c. program code responsive to the currently assigned network protocol address of the first
`
`process, for establishing a communication connection with the Sewer process and for forwarding
`
`the assigned network protocol address of the first process and a unique identifier of the first
`
`process to the server process upon establishing a communication connection with the server
`
`process (NetBlOS, pg. 358, 431, 367, 388, 480-482, whereby network nodes forward lP
`
`addresses and unique names to NetBlOS Name Server); and
`
`d. program code, responsive to user input commands, for establishing a point-to-point
`
`communications with another process over the computer network (NetBlOS, pg. 397-400,
`
`- whereby point-to-point communication is established upon initiation between nodes onCe target
`
`names and addresses have been found).
`
`In addition, NetBlOS teaches the use of TCP/IP (LletBIOS, pg. 356-357). However,
`
`NetBlOS does not explicitly teach b. program code for detemgining the currently assigned
`
`network protocol address of the first process upon connection to the computer network.
`
`Page 6 of 30
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`Application/Control Number: 90/010,422
`
`Art Unit: 3992
`
`'
`
`Page 5
`
`RFC 1531 teaches dynamically assigning IP addresses on a TCP/IP network by an
`
`lntemet access server (RFC 153 1, Section 2.2).
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`was made to determine the currently assigned network protocol address of the first process upon
`
`connection to the computer network in the invention taught by NetBIOS above since this allows
`
`for automatic reuse of an address that is no longer needed bythe host to which it was assigned
`(RFC 1531 , Pg. 2), and since examiner notes the use of dynamic IP address assignment in a
`
`TCP/IP network are old and well known in the art and are useful to eliminate the burdensome
`
`task of manually assigning IP addresses for all networked computers.
`
`Referring to (Claim 2), NetBlOS teaches the computer program product of claim 1
`
`wherein the program code for establishing a point-to-point communication link further comprises
`
`program code, responsive to the network protocol address of a second process, for establishing a
`
`point-to-point communication link between the first process and the second process over the
`
`computer network
`
`etBlOS
`
`. 397-401 whereb
`
`oint-to- oint communication is established
`
`once the IP address of the node is found).
`
`Referring to (Claim 3), NetBIOS teaches the computer program product ofclaim 2
`
`wherein the program code for establishing a point-to-point communication link further comprise:
`
`program code for transmitting, from the first process to the server process, a query as to whether
`
`the second process is connected to the computer network (NetBIOS, pg. 377,I 388-389, 446, 393-
`
`394, whereby name Queries are used to discover if a node is connected and active); and program
`
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 6
`
`code for receiving a network protocol address of the second process from the server process,
`
`when the second process is connected to the computer network (NetBIOS, pg. 389, 440, 464-
`
`465, whereby the NBNS answers Queries with a list of IP addresses of connected nodes).
`
`Referring to (Claim 5), NetBIOS teaches in a computer system having a display, the
`
`computer system capable of executing a first process and communicating with other processes
`
`and a server process over a computer network (NetBIOS, pg. 356, 357, whereby the system is
`
`run on personal computers pver ngP/IP networks, pgrspnpl pomputers inherently containing a
`
`display), a method for establishing point-to-point communications with other processes
`
`comprising: B. establishing a communication connection with the server process once the
`
`assigned network protocol of the first process is known and C. forwarding the assigned network
`
`protocol address of the first process to the server process upon establishing a communication
`
`connection with the server process (NetBIOS, pg. 358, 431, 367, 388, 480-482, whereby network
`
`nodes forward IP addresses and unique names to NetBIOS Name Server); and D. establishing a
`
`point-to-point communication with another process over the computer network (NetBIOS, pg.
`397-400, whereby mint-to-point communication is established ugh initiation between nodes
`
`once target names and addresses have been found).
`
`In addition, NetBIOS teaches the use of TCP/IP (NetBIOS, pg. 356-357). However,
`
`NetBIOS does not explicitly teach A. determining the currently assigned network protocol
`
`address of the first process upon connection to the computer network.
`
`RFC 1531 teaches dynamically assigning IP addresses on a TCP/IP network by an
`
`Internet access server (RFC 1531, Section 2.2).
`
`Page 8 of 30
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 7
`
`Therefore, it would have been obvious to one skilled in the art at the time the invention
`
`was made to determine the currently assigned network prptpgol address of the first process upon
`
`connection to the computer network in the invention taught by NetBIOS above since this allows
`
`for automatic reuse of an address that is no longer needed by the host to which it was assigned
`
`(RFC 1531, Pg. 2), and since examiner notes the use of dynamic IP address assignment in a
`
`
`I‘CP/lP network are old and well known in the art and are useful to eliminate the burdensome
`
`task of manually assigning 1P addresses for all networked computers.
`
`Referring to (Claim 6), NetBIOS teaches the method of claim 5 wherein the program
`
`step D comprises transmitting, from the first process to the server process, a query as to whether
`
`a second process is connected to the computer network (NetBIOS, pg. 377, 388-389, 446, 393-
`
`394, whereby name Queries are used to discover if a node is connected and active); and receiving
`
`a network protocol address of the second process from the server process, when the second
`
`process is connected to the computer network (NetBIQS, pg. 389, 440, 464-465, whereby the
`
`NBNS answers gueries with a list of IP addresses of connected nodes).
`
`6)
`
`Claims 8-9, 14-15, and 17-18 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`by NetBIOS, further in view of Pinard.
`
`Referring to (Claim 8), NetBIOS teaches in a computer system having a display and
`
`capable of executing a process, a method for establishing a point-to-point communication from a
`
`caller process to a callee process over a computer network, the caller process capable of
`
`generating a user interface and being operatively cannected to the callee process and a server
`
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`ApplicationfControi Number: 90r010,422
`Art Unit: 3992
`
`Page 3
`
`process over the computer network (BetBIOS, pg. 356, 35?, whereby the system is run on
`
`personal computers over TCPX'IP networks, personal computers inherently containing a displayt,
`
`the method comprising the steps of: querying the server process to determine if the first cal lee
`
`process is accessible (NetBIOS, pg. 37?, 388-389, 446, whereby a Query is sent to the NBNS to
`
`determine if another node is logged in and discover the nodes IP address); and establishing a
`
`point—to-point communication link from the caller process to the first callee process { IjetBIOS=
`
`pg. 397-400, whereby a point-point communication link is established between end nodes).
`
`However, NetBIOS does not explicitly teach generating a user-interface element
`
`
`representing a first communication line, generating a user interface element representing a first
`
`
`callegprocess, and establishingthe link in response to a user associating the element
`
`
`representing the first callee process with the element representing the_l_irst communication Iine
`
`
`Pinard teaches a human machine interface for telephone feature invocation which is
`
`utilized on a personal computer and allows a user to make telephone calls by moving graphics
`
`around a screen. Pinard teaches a user interface element representing a first communication line
`
`and callee process tPinard, Figure 6 and col. 5 lines 23-301, and also teaches clicking and
`
`dragging an icon representing a callee from a directogy into a call setup icon to establish a call
`
`link jPinard, Figure 3: col. 4 lines 38-51, Figure 6, col. 5 lines Ito-3?}.
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`
`was made to utilizing the user-interface elements and interactions taught by Pinard in the
`
`
`invention taught byNetBIOS since Pinard teaches that the invention can be used with any
`
`
`system in which a personal computer in conjunction with a server Operates tPinarchol. 2 lines
`
`
`43-46:, since NetBIOS teaches that it can be implemented using different operating systems
`
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`ApplicationfControl Number: 90f010,422
`Art Unit: 3992 '
`
`Page 9
`
`jfletBlOS,I pg. 359}, and since examiner notes that both NetBlOS and Pinard relate to
`
`communications between at least two users imptemented in a computerized environment.
`
`Referring to (Claim 9), NetBIOS teaches the method of claim 8 wherein step C further
`
`comprises the steps of: querying the server process as to the on-iine status of the first callec
`
`process lfletBIOS, pg. 377, 383—389, 446, 393—394I whereby name Queries are used to discover
`
`if a node is connected and active); and receiving a network protocol address of the first callec
`
`process over the computer network from the server process (NetBlOS, pg. 389, 440: 464-465,
`
`whereby the NBNS answers gueries with a list of IP addresses of connected nodes).-
`
`Referring to (Claims 14-15 and 17-18), NetBIOS teaches the above. However, NetBIOS
`
`does not explicitly teach generating a user interface element representing a communication line
`
`having a temporarily disabled status; and temporarily disabling the point-to-point communication
`
`between the caller process and the first callec process, in response to the user associating the
`
`element representing the first callee process with the element representing the communication
`
`line having a temporarily disabled status, wherein the element generated represents a
`
`communication line on hold status, wherein the display further comprises a visual display, and
`
`wherein the user interface is a graphic user interface and the user-interface elements generated in
`
`steps A and B are graphic elements.
`Pinard teaches a “hard hold” icon to which sallen’callees may be dragged to be put on
`
`hold status (Hoard, Figgre 12, cgjfi lines 36-53}, teaches a visual dispiax tPinard, col. 4 lines
`
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`Application/Control Number: 90/010,422
`
`_
`
`Page 10
`
`Art Unit: 3992
`
`10-] I, Figure 2 i, and teaches a graphical user interface in which the elements are graphic
`
`elements (Pinard, Figures 2-16).
`
`'
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`was made to utilizing the user-interface elements and interactions taught by Pinard in the
`
`invention taught by NetBlOS since Pinard teaches that the invention ‘can be used with any
`
`system in which a personal computer in conjunction with a server operates (Pinard, col. 2 lines
`
`43-46), since NetBIOS teaches that it can be implemented using different operating systems
`
`,
`
`etBlOS
`
`.
`
`d since ex
`
`inern I
`
`ha
`
`NetBIO and i ard relate to
`
`communications between at least two users implemented in a computerized environment.
`
`7)
`
`Claim 16 is rejected under 35 U.S.C. 103(a) as being unpatentable by NetBIOS, further in
`
`view of Pinard, further in view of VocalChat User’s Guide.‘
`
`Referring to (Claim 16), NetBIOS teaches the above. However, NetBIOS does not
`
`explicitly teach wherein the element generated represents a communication line on mute status.
`
`VocalChat User’s Guide teaches the use of a MUTE option on a phone so that a user can
`
`talk without being heard by the other user’s system (VocalChat User’s GuideI pg. 57 ).
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`was made to utilize an element representing a communication line on MUTE status in the
`
`invention taught by NetBIOS and Pinard above since all three references relate to the field of
`
`communic t'
`
`ver
`
`ter network since VocalChat an Pin
`
`uti i
`
`c
`
`uter
`
`system for telephony features specifically, and since examiner notes that the use of a MUTE
`
`feature in telephone conversations is old and well known in the art.
`
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page ll
`
`Issue 2
`
`8)
`
`Examiner notes the following will represent the Etherphone references utilized for the
`
`rejection below (All considered a single reference as published together):
`
`“Zellweger”: An Overview of the Etherphone System and its Applications
`
`"Swinehart ": Telephone Management in the Etherphone System
`
`“Terry": Managing Stored Voice in the Etherphone System
`
`9)
`
`Claims l-3 and 5-6 are rejected under 35 U.S.C. 103(a) as being unpatentable by
`
`Etherphone, further in view of Vin, further in view of RFC 1531.
`
`Referring to (Claim 1), Etherphone teaches a computer program product for use with a
`
`computer system having a display, the computer system capable of executing a first process and
`
`connecting to other processes and a server process over a computer network (Zellweg‘er, pg. 1, 3-,
`
`Temp pg. 4, whereby a computer program product connects first and second processes over a
`
`network using a server), the computer program product comprising a computer usable medium
`
`having computer readable code means embodied in the medium comprising:
`
`a. program code for generating a user-interface enabling control a first process executing
`
`on the computer system (Swinehart Figures —10, Zellweger Figures 3-4I whereby workstations
`
`include GUl’s);
`
`c. program code responsive to the currently assigned network protocol address of the first
`
`process, for establishing a communication connection with the server process and for forwarding
`
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`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 12
`
`the assigned network protocol address of the first process and a unique identifier of the first
`
`process to the server process upon establishing a communication connection with the server
`
`process (Swinehart, pg. 2, 4 Zelleger, pg. 5, whereby user identity and workstation address are
`
`transmitted to the Voice Control Server when connected); and
`
`d. program code, reSponsive to user input commands, for establishing a point-to-point
`
`communications with another process over the computer network (Swinehart, pg. 4, whereby
`
`after acguiring the network address of a callee, voice datagrams are transmitted directly amont
`
`the participants, bypassing the control server).
`
`However, Ethegphone does not explicitly teach that the network protocol address is
`
`received by said one of the processes from an lntemet access server.
`
`Vin teaches an Etherphone implementation whereby lntemet communications and IP
`
`addresses are used (Vin, page 77 and Figure 5).
`
`RFC 1531 teaches dynamically assigning IP addresses on a TCP/IP network by an
`
`lntemet access server (RFC 1531, Section 2.2).
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`was made to utilize the computer program product taught by Ethegphone above in an lntemet
`
`based system utilizing dynamically assigned 1? addresses from lntemet access servers as taught
`
`by Vin and RFC 1531 since Ethegphone was intended for use in multiple networks and
`
`communication protocols Hem, page 3 ), since Vin and Ethepphone both describe the same
`
`Ethe hone
`
`t m ' ce examiner
`
`that In m t
`
`1
`
`ress-based networks are old and
`
`well known in the art and would be a natural extension from an ethemet-based system, since
`
`dynamic allocation of IP addresses allows for automatic reuse of an address that is no longer
`
`Page 14 of 30
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`Cisco -- Exhibit 1025
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`Cisco -- Exhibit 1025
`
`

`

`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 13
`
`needed by the host to which it was assigned (RFC 1531, Pg. 2}, and since examiner notes the use
`
`of dynamic [P address assigpment ip a ICE/IE pgtwggk a; pld and w_e_ll known in the art, and
`
`are useful to eliminate the burdensome task of manually assigning IP addresses for all networked
`
`computers.
`
`Referring to (Claim 2), Etherphone teaches the computer program product of claim 1
`
`wherein the program code for establishing a point-to-point communication link further comprises
`
`program code, responsive to the network protocol address of a second process, for. establishing a
`
`point-to-point communication link between the first process and the second process over the
`
`computer network (Swinehart, pg. 4, whereby voice datagram are transmitted directly among
`
`participants once network addresses of both processes have been received). .
`
`Referring to (Claim 3), Etherphone teaches the computer program product of claim 2
`
`wherein the program code for establishing a point-to-point communication link further comprise:
`
`program code for transmitting, from the first process to the server process, a query as to whether
`
`the second process is connected to the computer network (Swinchart, pg. 2, 4, Zellweger, pg. 5,
`
`whereby Queries are transmitted to Voice Control Server); and program code for receiving a
`
`network protocol address of the second process from the server process, when the second process
`
`is connected to the computer network (Swinehart, pg. 2, whereby the server sends the network
`
`protocol address of the logged in user to caller process on reguest).
`
`Page 15 of 30
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`Cisco -- Exhibit 1025
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`Cisco -- Exhibit 1025
`
`

`

`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 14
`
`Referring to (Claim 5), Etherphone teaches in a computer system having a display, the
`
`computer system capable of executing a first process and communicating with other processes
`
`and a server process over a computer network (Zellweger, pg. 1, 3, Terry, pg. 4, whereby a
`
`computer program product connects first and second processes over a network using a server), a
`
`method for establishing point-to-point communications with other processes comprising: B.
`
`establishing a communication connection with the server process once the assigned network
`
`protocol of the first process is known and C. forwarding the assigned network protocol address
`
`of the first process to the server process upon establishing a communication connection with the
`
`server process (Swinehart, pg. 2, 4, Zelleger, pg. 5, whereby user identity and workstation
`
`address are transmitted to the Voice Control Server when connected); and D. establishing a
`
`point-to-point communication with another process over the computer network (Swinehart, pg. 4,
`
`whereby afier acguiring the network address of a callee, voice datagrams are transmitted directly
`
`amont the participants, bypassing the control server).
`
`However Eth
`
`ne does
`
`x licitl
`
`teach A. determinin the current] as i. n
`
`network protocol address of the first process upon connection to the computer network.
`
`Vin teaches an Ethepphone implementation whereby Internet communications and IP
`
`addresses are used (Vin, page 77 and Figure 5).
`
`RFC 1531 teaches dynamically assigning IP addresses on a TCP/lP network by an
`
`lntemet access server (RFC 1531, SectiOn 2.2).
`
`Therefore, it would have been obvious to one skilled in the art at the time the invention
`
`was made to utilize the computer program product taught by Ethegphone above in an lntemet
`
`based system utilizing dynamically assigned IP addresses from lntemet access servers as taught
`
`Page 16 of 30
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`Cisco -- Exhibit 1025
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`Cisco -- Exhibit 1025
`
`

`

`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 15
`
`by Vin and RFC 153l since Etherphone was intended for use in multiple networks and
`
`communication protocols (Tem, page 3 ), since Vin and Etherphone both describe the sme
`
`Ethemhone system, since examiner notes that Internet and IP address-based networks are old and
`
`well known in the art and would be a natural extension from an ethemet-bascd system, since
`
`dynamic allocation of IP addresses allows for automatic reuse of an address that is no longer
`
`needed by the host to which it was assigned (RFC 1531, Pg. 2), and since examiner notes the use
`
`of dynamic IP address assignment in a TCP/IP network are old and well known in the art, and
`
`are useful to
`
`'
`
`i
`
`e the burdensome task of manual]
`
`assi ni
`
`IP addresses for all networked
`
`computers.
`
`Referring to (Claim 6), Etherphone teaches the method of claim 5 wherein the program
`
`step D comprises transmitting, from the first process to the server process, a query as to whether
`
`a second process is connected to the computer network (Swinehart, pg. 2, 4, Zellweger, pg. 5,
`
`whereby Queries are transmitted to Voice Control Server); and receiving a network protocol
`
`address of the second process from the server process, when the second process is connected to
`
`the computer network (Swinchart, pg. 2, whereby the server sends the network protocol address
`
`of the logged in user to caller process on reguest).
`
`. 10)
`
`Claims 8-9, l4-15, and 17-18 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`by Etherphone, further in view of Pinard.
`
`Referring to (Claim 8), Etherphone teaches in a computer system having a display and
`
`capable of executing a process, a method for establishing a point-to‘point communication from a
`
`Page 17 of 30
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`Cisco -- Exhibit 1025
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`Cisco -- Exhibit 1025
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`

`

`Application/Control Number: 90/010,422
`Art Unit: 3992
`
`Page 16
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`caller process to a callee process over a computer network, the caller process capable of
`
`generating a user interface and being operatively connected to the callee process and a server
`
`process over the computer network (Zellweger, pg. 1, 3, Figure l, Swinehart Figures 1-10), the
`
`method comprising the steps of: querying the server process to determine if the first callee
`
`process is accessible (Swinehart, pg. 2, 4, Zellweger, pg. 5, whereby a gueg is transmitted to
`
`determine the location of a second Etherphone by contacting a server); and establishing a point-
`
`to-point communication link from the caller process to the first callee process (Swinehart, pg. 2,
`
`Zellweger, Figure 4, whereby voice datagrams are transmitted directly among participants).
`
`However, Etherphone does not explicitly teach generating a user-interface element
`
`representing a first communication line, generating a user interface element representing a first
`
`callee process, and establishing the link in response to a user associating the element
`
`representing the first callee process with the element representing the first communication line
`
`Pinard teaches a human machine interface for telephone feature invocation which is
`
`utilized op a personal computer and allows a user to make telephone calls by moving grgphics
`
`around a screen. Pinard teaches a user interface element representing a first communication line
`
`and callee process (Pinard, Figure 6 and col. 5 lines 23-30), and also teaches clicking and
`
`dragging an icon representing a callee from a directog into a call setup icon to establish a call
`
`link (Pinard, Figure 3, col. 4 lines 38-51 , Figure 6, col. 5 lines 36-37).
`
`Therefore it would have been obvious to one skilled in the art at the time the invention
`
`was made to utilizing the us