UNITED STATES PATENT AND TRADEMARK OFFICE
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`APPLICATION NO.
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`l'IUNG OATE
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`FI RST NAMED INVENTOR
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`UNITED ST ATES DEPARTMENT OF COMMERCE
`United Stales Paknl and Trademark Office
`Addr...: COMMISSIONER FOR PATENTS
`P.O. Box l4SO
`Alex..uia, VilgioU. 22313-1450
`www.uspto.gov
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`I ATTORNEY DOCKET NO. I CONFIRMATION NO.
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`09/870,608
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`05/3112001
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`David E.Cox
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`SS77-130DV
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`9481
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`20792
`09/0812004
`7590
`MYERS BIGEL SIBLEY & SAJOVEC
`PO BOX 37428
`RALEIGH, NC 27627
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`EXAMINER
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`BA YARD, OJENANE M
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`ART UNIT
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`PAPER NUMBER
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`2141
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`DATE MAILED: 09/0812004
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`PT0 -90C (Rev. I 0/03)
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`IPR2017-00184
`UNIFIED EX1024
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`Office Action Summary
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`Application No.
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`09/870,608
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`Examiner
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`Applicant(s)
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`COX ET AL.
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`Art Unit
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`2141
`Djenane M Bayard
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
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`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).
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`Status
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`1)[8] Responsive to communication(s) filed on 31Mav2001.
`2a)0 This action is FINAL.
`2b)[8] This action is non-final.
`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.
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`Disposition of Claims
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`4)[8] Claim(s) 15-20.22 and 24-31 is/are pending in the application.
`4a) Of the above claim(s) --. _ is/are withdrawn from consideration.
`5)0 Claim(s) __ is/are allowed.
`6)[8] Claim(s) 15-20.22 and 24-31 is/are rejected.
`7)0 Claim(s) __ is/are objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
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`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: a)O accepted or b)O objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
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`Priority under 35 U.S.C. § 119
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`12)0 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)O All b)O Some* c)O None of:
`1.0 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.
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`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`--3)-[8] lnforr~ation Discl~s-ur~ Stat~ment(s) (PT0-1449 or PTO/SB/08)
`Paper No(s)/Mail Date 5131101 12110101.
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`-
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`4)0 Interview Summary (PT0-413)
`Paper No(s)/Mail Date. __ .
`-5) 0 Notice of-Informal Patent Application (PT0-152)
`6) 0 Other: __ .
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`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 1-04)
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`Office Action Summary
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`Part of Paper No./Mail Date 1
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`i
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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page2
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`DETAILED ACTION
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`Claim Rejections- 35 USC§ 103
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`1.
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`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:
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`(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.
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`2.
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`Claims 15, 20 and 22 are rejected under 35 U.S.C. 103(a) as being unpatentable over U.S.
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`Patent No. 6,202,206 to Dean et al. in view of U.S. Patent No. 5,867,713 to Shrader et al.
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`a.
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`AS per claims 15, 20 and 22, Dean et al teaches a method for distribution of application
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`programs to a target station on a network comprising the steps executed on a centralized network
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`management server coupled to the network of: providing an application program to be
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`distributed to the network management server (See col. 2, lines 50-67); preparing a file packet
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`associated with the application program and including a segment configured to initiate
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`registration operations for the application program at the target station (See col. 5, lines 25-40);
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`and distributing the file packet to the target station (see col. 2, lines 50-67). However, Dean et al
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`fails to teach specifying a source directory and a target directory for distribution of the
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`application program
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`Shrader et al teaches an installation plan object for installing applications in a network.
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`Furthermore, Shrader et al teaches specifying a source directory and a target directory for
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`distribution of the application program (See col. 2, lines 59-67) col. 17 lines 45-61).
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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 3
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`It would have been obvious to one with ordinary skill in the art at the time the invention
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`was made to incorporate specifying a source directory and a target directory for distribution of
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`the application program as taught by Shrader et al in order to determine if the file directories and
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`files objects are valid and accessible on the network (See col. 2, lines 61-62).
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`3.
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`Claims 16-17, 24-25 and 28-29 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over U.S. Patent No. 6,202,206 to Dean et al. in view of U.S. Patent No. 5,867,713 to Shrader et
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`al as applied to claim 15, 20 and 22 above, and further in view of U.S. Patent No. 5,996,012 to
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`Jarriel.
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`a.
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`As per claims 16, 24 and 28; Dean et al in view of Shrader et al teaches the claimed
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`invention as described above. However, Dean et al in view of Shrader et al fails to wherein the
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`network management server is a Tivoli. server.
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`Jarriel teaches wherein the network management server is a Tivoli server (See col. 1,
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`lines 12-35).
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`It would have been obvious to one with ordinary skill in the art at the time the invention
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`was made to incorporate wherein the network management server is a Tivoli ser as taught by
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`Jarriel in the claimed invention of Dean et al in view of Shrader et al in order to permit remote
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`site management and operation (See col. 1, lines 12-35).
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`b.
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`As per claim 17, 25 and 29, Dean et al in view of Shrader et al teaches the claimed
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`invention as described above. Furthermore, Dean et al teaches wherein the segment configured
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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page4
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`to initiate registration operations includes an import data file and a call to an import program
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`executing on the target station (See col. 2, lines 50-67).
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`4.
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`Claims 18-19, 26-27 and 30-31 are rejected under 35 U.S.C. 103(a) as being unpatentable
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`over U.S. Patent No. 6,202,206 to Dean et al. in view ofU.S. Patent No. 5,867,713 to Shrader et
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`al as further in view of U.S. Patent No. 5,996,012 to Jarriel and further in view of U.S. Patent
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`No. 6,611,498 to Baker et al.
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`a.
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`As per claims 18, 26 and 30, Dean et al in view of Shrader teaches the claimed invention
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`as described above. Furthermore, Dean et al teaches wherein the segment configured to initiate
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`registration operations includes a variable field into which the target station inserts its
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`identification during registration operations (See col. 8, lines 1-12 and figures 18 and 19).
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`However, Dean et al fails to teach wherein the application program is registered based on a
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`Universal Resource Locator (URL) address accessible to a browser application and wherein the
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`segment configured to initiate registration operations includes a variable field into which the
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`target station inserts its identification during registration operations.
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`Baker et al teaches wherein the application program is registered based on a Universal
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`Resource Locator (URL) address accessible to a browser application and wherein the segment
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`configured to initiate registration operations includes a variable field into which the target station
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`inserts its identification during registration operations (See col. 14, lines 22-41).
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`It would have been obvious to one with ordinary skill in the art at the time invention was made
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`to incorporate wherein the application program is registered based on a Universal Resource
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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 5
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`Locator (URL) address accessible to a browser application and wherein the segment configured
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`to initiate identification during registration operations as taught by Baker et al in the claimed
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`invention of Dean et al in view of Shrader et al in order to simplify the enterprise burden by
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`limiting the client development side to screen layouts and data presentation tools that use a
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`common interface enabled by the web browser (See col. 2, lines 50-57).
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`b.
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`As per claim 19, 26 and 31, Dean et al teaches distributing comprises the step of
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`distributing the file packet to a plurality of target stations each having an identification which
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`may be inserted into the variable field at the target station (See col. 8, lines 1-12 and figures 18
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`and 19).
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`Conclusion
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`5.
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`The prior art made ofrecord and not relied upon is considered pertinent to applicant's
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`disclosure.
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`U.S. Patent No. 5,919,247 to Van Hoff et al teaches a method for the distribution of code
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`and data updates.
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`U.S. Patent No. 6, 131, 112 to Lewis et al teaches a method and apparatus for integrated
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`network and system management.
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`6.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to Djenane M Bayard whose telephone number is (703) 305-6606.
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`The examiner can normally be reached on 7:00 AM-4:30 PM.
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`

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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 6
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
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`supervisor, Rupal Dharia can be reached on (703) 305-4003. The fax phone number for the
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`organization where this application or proceeding is assigned is 703-872-9306.
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`Information regarding the status of an application may be obtained from the Patent
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`Application Information Retrieval (PAIR) system Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (BBC) at 866-217-9197 (toll-free).
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`Djenane Bayard
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`Patent Examiner
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`~·'7
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`Primary Patent Examiner