UNITED ST,.._ -"i$ DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER OF PATENTS AND TRADEMARKS
`Washington, D.C. 20231
`
`ATIORNEY DOCKET NO.
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`£"
`
`APPLICATION NO.
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`FlllNG DATE
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`·1
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`09/2i 1 :• .528
`
`cox
`
`FIRST NAMED INVENTOR
`
`I
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`TM02/0328
`020792
`MYERS BIGEL SIBLEY & SAJOVEC
`PO BOX
`:37428
`RALEIGH NC 27627
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`I
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`S!.377 -:!.]0
`
`EXAMINER
`
`2155
`DATE MAILED:
`
`PAPER NUMBER
`
`0~3/28/01
`
`Please find ·below and/or attached an Office· communication concerning this application or
`proceeding.
`
`Commissioner of Patents and Trademarks
`
`PT0·90C (Rov.11/00)
`
`1· File Cop:?-c:;:__,,
`
`IPR2017-00184
`UNIFIED EX1020
`
`

`
`Office Action Summary
`'
`
`Application No.
`
`09/211,528
`
`Examiner
`
`Applicant(s)
`
`COX ETAL.
`
`Art Unit
`
`..
`
`Firmin Backer
`2155
`•• 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) FROM
`THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136 {a). In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication.
`-
`If the period for reply specified above is less than thirty (30) days, a reply within the statutory minimum of thirty (30) days will be considered timely.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`- Any· reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`Status
`
`Responsive to communication(s) filed on 14 December 1998.
`
`1)~
`2b)~ This action is non-final.
`2a)0
`3)0 Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`This action is FINAL.
`
`Disposition of Claims
`
`4)~ Claim(s) 1-23 is/are pending in the application.
`4a) Of the above claim(s) 15-20 and 22 is/are withdrawn from consideration.
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`5)0 Claim(s) __ is/are allowed.
`
`6)~ Claim(s) 1-14.21 and 23 is/are rejected.
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`7)0 Claim(s) __ is/are objected to.
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`8)0 Claims __ are subject to restriction and/or election requirement.
`
`Application Papers
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`9)0 The specification is objected to by the Examiner.
`10)0 The drawing(s) filed on __ is/are objected to by the Examiner.
`
`11)0 The proposed drawing correction filed on __ is: a)O approved b)O disapproved.
`
`12)0 The oath or declaration is objected to by the Examiner.
`
`Priority under 35 U.S.C. § 119
`
`13)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d).
`a)O All b)O Some * c)D None of:
`1.D Certified copies of the priority documents have been received.
`2.0 Certified copies of the priority documents have been received in Application No. __ .
`
`3.0 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.
`
`14)0 Acknowledgement is made of a claim for domestic priority under 35 U.S.C. & 119(e).
`
`Attachment(s)
`
`15) ~ Notice of References Cited (PT0-892)
`16) ~ Notice of Draftsperson's Patent Drawing Review (PT0-948)
`17) ~Information Disclosure Statement(s) (PT0-1449) Paper No(s) __ .
`
`18) D Interview Summary (PT0-413) Paper No(s). __ .
`19) 0 Notice of Informal Patent Application (PT0-152)
`20) D Other:
`
`U.S. Patent and Trademark Office
`PT0-326 (Rev. 9-00)
`
`Office Action Summary
`
`Part of Paper No. 5
`
`

`
`Application/Control Number: 09/211,528
`Art Unit: 2155
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`Page 2
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`DETAILED ACTION
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`This is in response· to a letter for patent filed on December 14th, 1998 in which claims 1-23 are
`
`presented for examination. Claims 1-23 are pending fu'the letter.
`
`Election/Restrictions
`
`I.
`
`Restriction to one of the following inventions is required under 35 U.S.C. 121:
`
`I.
`
`Claims 1-14, 21, 23, drawn to application management, classified in class 710,
`
`subclass 33.
`
`II.
`
`Claims 15-20, 22, drawn to distribution of application, classified in class 709,
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`subclass 223.
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`The inventions are distinct, each ~om the other because of..the following reasons:
`
`2.
`
`Inventions I and II are related as combination and subcombination. Inventions in this
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`relationship are distinct if it can be shown that (I) the combination as claimed does not require
`
`the particulars of the subcombination as claimed for patentability, and (2) that the
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`subcombination has utility by itself or in other combinations (MPEP § 806.0S(c)). In the instant
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`case, the combination as claimed does not require the particulars of the subcombination as .
`
`claimed because they are patentably distinct. The subcombination has separate utility such as
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`management of application program and application distribution. Management of application
`
`could be application distribution. However, in this particular case, the inventive concept is
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`management of application program which is patentably distinct from application distribution
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`Page3
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`..
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`3.
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`Because these inventions are distinct for the reasons given above and have acquired a
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`J
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`; '
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`separate status in th~ art as shown by their different classification, restriction for examination
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`purposes as indicated is proper.
`
`4.
`
`During a telephone conversation with Robert W. Glatz on December 6th a provisional
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`election was made with traverse to prosecute the invention of group 1, claims 1-14, 21, and 23.
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`Affirmation of this election must be made by applicant in replying to this Office action. Claims
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`15-20, 22 withdrawn from further consideration by the examiner, 37 CFR l.142(b ), as being
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`drawn to a non-elected invention.
`
`Claim Rejections - 3 5 USC§ 103
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`1.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`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.
`
`2.
`
`Claims 1-14, 21 and 23 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Oh et al. (U.S. Patent 6, 189,051) in view of Bladow et al. (U.S. Patent No. 6, 115,040)
`
`5.
`
`As per claim 1, Oh et al.· teach a method for management of application programs on a
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`network including a server (server, 500) and a client (client (550) comprising the steps of:
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`installing a plurality of application programs at the server, receiving at the server a login request
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`from a user at the client (see abstract, fig. 1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines 24-40),
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`

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`..i. ......
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`Page4
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`receiving at the server a selection of one of the plurality of application programs from the user
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`j
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`desktop interface, and providing an instance of the selected one of the plurality of application
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`programs to the client for execution responsive to the selection (see abstract, fig 7, column 4 line
`
`29-5 line 40). Oh et al fail to teach the inventive concept of establishing a user desktop interface
`
`at the client associated with the user responsive to the login request from the user, the desktop
`
`interface including a plurality of display regions associated with a set of the plurality of
`
`application programs installed at the server for which the user is authorize. However, Bladow et
`
`al teach an inventive concept of establishing a user desktop interface at the client associated with
`
`the user responsive to the login request from the user, the desktop interface including a plurality
`
`of display regions associated with a set of the plurality of application programs installed at the
`
`server for which the user is authorize (see fig. 3, 4, column 6 line 40-7 line 31, 16 lines 1-50).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention
`
`was made to modify Oh et al. ' s inventive concept to include establishing a user desktop interface
`
`at the client associated with the user responsive to the login request from the user, the desktop
`
`interface including a plurality of display regions associated with a set of the plurality of
`
`application programs installed at the server for which the user is authorize because this would
`
`have provide a flexible and modular approach to implementing each of the client applications as
`
`need arises and yet at the same time provide tightly controlled routine environment for the
`
`disparate client applications.
`
`6.
`
`As per claim 2, Oh et al. teach a method further comprising maintaini11g application
`
`management information for the piurality of applications at the server, and a plurality of display
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`Page 5
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`regions associated with. a set of the plurality of application programs for which the user is
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`authorized responsive to the application management information (see abstract, fig. 1, 5, 8, 9,
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`column 3 line 46-4 line 51 , 5 lines 24-40).
`
`7.
`
`As per claim 3, Oh et al. teach a method wherein the establishing a user desktop includes
`
`distributing application launcher programs associated with each of the set of the plurality of
`
`application programs for which the. user is authorized to the client; and receiving the selection
`
`from a one of the application launcher programs which i~ associated with the selected one oftbe
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`plurality of application programs (see abstract, fig. 1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines
`
`24-40).
`
`8.
`
`As per claim 4, Oh et al. teach a method wherein the maintaining step includes the step of
`
`maintaining configurable user preference information for the plurality of application programs at
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`the server and providing a set of the configurable user preference information associated with the
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`user and the selected one of the plurality of application programs to the client (see abstract, fig.
`
`1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines 24-40).
`
`9.
`
`As per claim 5, Oh et al. teach a method wherein the set of the configurable user
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`preference information includes user preferences configurable by the user and user preferences
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`not configurable by the user which are configurable by an administrator and updating the user
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`preferences configurable by the user responsive to updates from the user and updating the user
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`

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`,JI..
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`- . ...
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`. Page 6
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`preferences not configurable by the user responsive to updates from the administrator (see
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`abstract, fig. 1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines 24-40).
`
`I 0.
`
`As per claim 6, Oh et al. teach a method wherein the application launcher programs are
`
`JAVATM applets and the user desktop interface is a JAVATM applet executed by a web
`
`browser (see abstract, fig. 1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines 24-40).
`
`11.
`
`As per claim 7, Oh et al. teach a method wherein establishing includes the steps of:
`
`configuring the user desktop interface responsive to an identifier of the user associated with the
`
`login request so as to provide associated information for the user desktop interface, and
`
`providing the user desktop interface and the associated information for the user desktop interface
`
`to the client for display (see abstract, fig 7, column 4 line 29-5 line 40).
`
`12.
`
`As per claim 8, Oh et al. teach a method wherein configuring includes configuring the
`
`user desktop interface not to include display regions associated with any of the plurality of
`
`application programs installed at the server for which the user is not authorized (see abstract, fig
`
`7, column 4 line 29-5 line 40).
`
`13.
`
`As per claim 9, Oh et al. teach a method wherein receiving a selection is followed
`
`determining a license availability for the selected one of the plurality of application programs for ·
`
`the user and providing an unavailability indication to the client responsive to the selection if the
`
`license availability indicates that a license is not available for the user (see abstract, fig. 1, 5, 8, 9,
`
`column 3 line 46-4 line 51, 5 lines 24-40) ..
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`,,;. ....
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`..
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`Page7
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`14.
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`As per claim 10, Oh et al. teach a method wherein establishing a user desktop includes
`
`7
`
`•
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`distributing application launcher programs associated with each of the set of the plurality of
`
`application programs for which the user is authorized to the client and receiving the ·selection
`
`from a one of the application launcher programs which is associated with the selected one of the
`
`plurality of application programs and wherein the step of determining a license availability
`
`includes the step carried out by the one of the application launcher programs associated with the
`
`selected one of the plurality of application programs of obtaining the license availability from a
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`license management server (see abstract, fig 7, column 4 line 29-5 line 40) ..
`
`15.
`
`As per claim 11, Oh et al. teach a method wherein the license management server is the
`
`server (see abstract, fig 7, column 4 line 29-5 line 40) ..
`
`16.
`
`As per claim 12, Oh et al. teach a method wherein the plurality of application programs
`
`are installed on a network drive accessible to the server (see abstract, fig. 1, 5, 8, 9, column 3 line
`
`46-4 line 51, 5 lines 24-40).
`
`17.
`
`As per claim 13, Oh et al. teach a method further comprising receiving at the server event
`
`logging information from the instance of the selected one of the plurality of application programs
`
`(see abstract, fig. 1, 5, 8, 9, column 3 line 46-4 line 51, 5 lines 24-40) ..
`
`18.
`
`As per claim 14, Oh et al. teach a method further comprising providing the received event
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`logging information to a network ~anagement server associated with the server (see abstract, fig.
`
`1, 5, 8, 9, column 3·1ine 46-4 line 51, 5 lines 24-40).
`
`

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`.;. .
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`Application/Control Number: 09/211,528
`Art Unit: 2155
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`Page 8
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`19.
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`As per claim 21, Oh et al. teach an application program management system for
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`managing application programs on a network including a server (server, 500) and a client (client
`
`(550) comprising means for: installing a plurality of application programs at the server, receiving
`
`at the server a login request from a user at the client (see abstract, fig. 1, 5, 8, 9, column 3 line
`
`46-4 line 51, 5 lines 24-40) receiving at the server a selection of one of the plurality of
`
`application programs from the user desktop interface, and providing an instance of the selected
`
`one of the plurality of application programs to the client for execution responsive to the selection
`
`(see abstract, fig 7, column 4 line 29-5 line 40). Oh et al fail to teach the inventive concept of
`
`establishing a user desktop interface at the client associated with the user responsive to the login
`
`request from the user, the desktop interface including a plurality of display regions associated
`
`with a set of the plurality of application programs installed. at the server for which the user is
`
`authorize. However, Bladow et al teach an inventive concept of establishing a user desktop
`
`interface at the client associated with the user responsive to the login request from the user, the
`
`desktop interface including a plurality of display regions associated with a set of the plurality of
`
`application programs installed at the server for which the user is authorize (see fig. 3, 4, column
`
`6 line 40-7 line 31, 16 lines 1-50). Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time the invention was made to modify Oh et al.'s inventive concept to include
`
`establishing a user desktop interface at the client associated with the user responsive to the login
`
`request from the user, the desktop interface including a plurality of display regions associated
`
`with a set of the plurality of application programs installed at the server for which the user is
`
`authorize because this would have provide a flexible and modular approach to implementing
`
`

`
`•. ,,.
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`Application/Control Number: 09/211,528
`Art Unit: 2155
`
`Page 9
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`...
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`each of the client applications as need arises and yet at the same time provide tightly controlled
`
`routine environment for the disparate client applications.
`
`20.
`
`As per claim 23, Oh et al. teach a computer product for managing application programs
`
`on a network including a server (server, 500) and a client (client (550) comprising computer
`
`readable program code for: installing a plurality of application programs at the server, receiving
`
`at the server a login request from a user at the client (see abstract, fig. 1, 5, 8, 9, column 3 line
`
`46-4 line 51, 5 lines 24-40) receiving at the server a selection of one of the plurality of
`
`application programs from the user desktop interface, and providing an instance of the selected
`
`one of the plurality of application programs to the client for execution responsive to the selection
`
`(see abstract, fig 7, column 4 line 29-5 line 40). Oh et al fail to teach the inventive concept of
`
`establishing a user desktop interface at the client associated with the user responsive to the login
`
`request from the user, the desktop interface including a plurality of display regions associated
`
`with a set of the plurality of application programs installed at the server for which the user is
`
`authorize. However, Bladow et al teach an inventive concept of establishing a user desktop
`
`interface at the client associated with the user responsive to the login request from the user, the
`
`desktop interface including a plurality of display regions associated with a set of the plurality of
`
`application programs installed at the server for which the user is authorize (see fig. 3, 4, column
`
`6 line 40-7 line 31, 16 lines 1-50). Therefore, it would have been obvious to one of ordinary skill
`
`in the art at the time the invention was made to modify Oh et al.' s inventive concept to include
`
`establishing a user desktop interface at the client associated with the user responsive to the login
`
`request from the user, the desktop interface including a plurality of display regions associated
`
`

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`Application/Control Number: 09/211,528
`Art Unit: 2155
`
`' .
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`Page 10
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`with a set of the plurality of application programs installed at the server for which the user is
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`authorize because thi~ would have provide a flexible and modular approach to implementing
`
`each of the client applications as need arises and yet at the same time provide tightly controlled
`
`routine environment for the disparate client applications.
`
`Conclusion
`
`21 .
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`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure. (6,105,063, 6,195,432, 5,634,010, 5,933,601, 6,202,206, 5,809,251, 5,655,081 ,
`
`6,098,067, 6,158,010).
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Firmin Backer whose telephone number is 703-305-0624. The
`
`examiner can normally be reached on Mon-Thu 8:30-6:00. ·
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Sheikh Ayaz can be reached on 703-305-9648. The fax phone numbers for the
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`organization where this application or proceeding is assigned are 703-305-3718 for regular
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`communications and 703-305-5352 for After Final communications.
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`Any inquiry of a general nature or relating to the status of this application or proceeding
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`should be directed to the receptionist whose telephone number is 703-305-3900.
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`f:;;;;c/1--
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`March 23, 2001
`
`DAVID
`PRIMARY EXAMINER