UNITED Sr A TES PA TENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United Stales Patent and Trademark Offitt
`Address: COMMISSIONER FOR PATENTS
`P.O. Bo< 14SO
`AJelUUldria. Virginia 2231)·1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FlRST NAMED INVENTOR
`
`ATTORNEY DOCKETNO.
`
`CONFIRMATION NO.
`
`09/870,608
`
`05/31/2001
`
`David E. Cox
`
`5577-130DV
`
`9481.
`
`2-0792
`1590
`0412212005
`MYERS BIGEL SIBLEY & SAJOVEC
`POBOX 37428
`RALEIGH, NC 27627
`
`EXAMINER
`
`BA y ARD, D.IENANE M
`
`ARTUNIT
`
`2141
`
`PAPER NUMBER
`
`DATE MAILED: 04/2212005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`IPR2017-00184
`UNIFIED EX1025
`
`

`
`Office Action Summary
`
`09/870,608
`
`Examiner
`
`COX ET AL.
`
`Art Unit
`
`21 41
`Djenane M Bayard
`•• 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 J 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 fifed
`after SIX (6) MONTHS from the mailing date of this communication.
`If the period for reply spaclned above is less than thirty (30) days, a reply withln the statutory minimum or thirty (30) days will be considered timely.
`If N O period for reply is specified above. the maximum statutory period will apply and will el(pire 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 a pplication 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
`
`1 )[8J Responsive to communication(s) filed on 09 December 2004.
`2a)0 This action is FINAL.
`2b)[8J 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.
`
`Disposition of Claims
`
`4 )[8J Claim(s) 15-20. 22 and 24-37 is/are pending in the application.
`4a) Of the above claim(s) __ isfare withdrawn from consideration .
`5)0 Claim(s) __ is/are allowed.
`6}[8J Claim(s) 15-20.22 and 24-37 is/are rejected.
`7)0 Claim(s) __ isfare objected to.
`8)0 Claim(s) __ are subject to restriction and/or election requirement.
`
`Application Papers
`
`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 1.1 21 (d).
`11 )0 The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PT0-152.
`
`Priority under 35 U.S.C. § 119
`
`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)).
`r See the attached detailed Office action for a list of the certified copies ·not received.
`
`Attachment(s)
`1) [8J Notice of References Cited (PT0-892)
`2) 0 Notice of Draftsperson's Patent Drawing Review (PT0-948)
`3) 0 Information Disclosure Statement(s) (PT0-1 449 or PTOISBI08)
`Paper No(s)/Mall Date __ .
`
`4) 0 Interview Summary (PT0-41 3)
`Paper No(s)!Mall Date. __ .
`5) 0 Notice of Informal Patent Application (PT0-152)
`6) 0 Other: __ .
`
`U.S. Patent ond Trademark Office
`PTOL-326 (Rev. 1-04)
`
`Office Action Summary
`
`Part of Paper No.!Mail Date 20050318
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 2
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`DETAILED ACTION
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`Response to Arguments
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`1.
`
`Applicant's arguments with respect to claim 15 have been considered but are moot in
`
`view of the new ground(s) ofrejection. Applicant argues that the prior art ofrecord U.S. Patent
`
`No. 6,202206 to Dean et al fails to teach the claim embodiment directed to "distribution of
`
`application programs from a network management computer to on-demand server". However,
`
`Dean et al teaches makings all installations and settings on all the computer in the network via
`
`the primary server computer based upon the previously recorded stored profile with applications
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`programs which have been previously loaded in the primary server computer for distribution
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`(See col. 5, line 35-40). The examiner agrees that Dean et al does not explicitly teaches"
`
`providing a file packet to target on-demand servers to initiate registration operations to make an
`
`application program available to a use at a client". Therefore a new prior art ofrecord U.S.
`
`Patent Application No. 2003/0110241 to Cheng, Jr. et al is introduced to teach the above
`
`limitation.
`
`Claim Rejections - 35 USC§ 103
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`2.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 3
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`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.
`
`3.
`
`Claims 15, 20, 22 and 32-37 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`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
`
`al in view of U.S. Patent Application 2003/0110241 to Cheng, Jr. et al.
`
`a.
`
`As per claims 15, 20 and 22, Dean et al teaches a method for distribution of application
`
`programs to a target station on a network comprising the steps executed on a centralized network
`
`management server coupled to the network of: providing an application program to be
`
`distributed to the network management server (See col. 2, lines 50-67); preparing a file packet
`
`associated with the application program (See col. 5, lines 25-40); and distributing the file packet
`
`to the target station (see col. 2, lines 50-67). However, Dean et al fails to teach specifying a
`
`source directory and a target directory for distribution of the application program and including a
`
`segment configured to initiate registration operations for the application program at the target
`
`station in the file packet.
`
`Shrader et al teaches an installation plan object for installing application s in a network.
`
`Furthermore, Shrader et al teaches specifying a source directory and a target directory for
`
`distribution of the application program (See col. 2, lines 59-67) col. 17 lines 45-61 ).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`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).
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 4
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`Cheng et al teaches and including a segment configured to initiate registration operations
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`for the application program at the target stationing the file packet (See page 4, paragraph [0050]).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate and including a segment configured to initiate registration operations
`
`for the application program at the target station as taught by Cheng et al in the claimed invention
`
`of Dean et al in view of Shrader et al in order to ensure that only users who are authorized by the
`
`provider can obtain updates for software products (See page 4, paragraph [0051 ]).
`
`b.
`
`As per claim 32, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. Furthermore, Dean et al teaches wherein
`
`distributing the file packet is preceded by executing a pre-distribution program at the network
`
`management server (See col. 8, lines 40-60)
`
`c.
`
`As per claim 33, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. Furthermore, Dean et al teaches method
`
`wherein executing a pre-distributi~n program includes determining an environment for the
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`application program that exists on the target on-demand server (See col. 8, lines 12-20).
`
`d.
`
`As per claim 34, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`fails to teach wherein preparing a file packet includes including a selected version of an
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`

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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 5
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`application launcher in the file packet, the selected version being selected based on the
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`determined environment.
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`Cheng et al teaches wherein preparing a file packet includes including a selected version
`
`of an application launcher in the file packet, the selected version being selected based on the
`
`determined environment (See page 4, paragraph [0054]).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate wherein preparing a file packet includes including a selected version of
`
`an application launcher in the file packet, the selected version being selected based on the
`
`detem1ined environment as taught by Cheng et al in the claimed invention of Dean et al in view
`
`of Shrader et al in order to download relevant update for the software product (See page 4,
`
`paragraph [0053]).
`
`e.
`
`As per claim 35, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`fails to teach wherein distributing the file packet is followed by executing an after-distribution
`
`program at the target on-demand server.
`
`Cheng et al teaches wherein distributing the file packet is followed by executing an after-
`
`distribution program at the target on-demand server (See page 4, paragraph [0054]).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate wherein distributing the file packet is followed by executing an after-
`
`distribution program at the target on-demand server as taught by Cheng et al in the claimed
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 6
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`invention of Dean et al in view of Shrader et al in order to download relevant update for the
`
`software product (See page 4, paragraph [0053]).
`
`f.
`
`As per claim 36, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`fails to teach wherei~ registration operations include maintaining at the target on-demand server
`
`a profile management list identifying application programs available for use by the user and
`
`wherein the method further comprises updating the profile management list at the target on-
`
`demand server to make the application program available for use by the user.
`
`Cheng et al teaches wherein registration operations include maintaining at the target on-
`
`demand server a profile management list identifying application programs available for use by
`
`the user and wherein the method further comprises updating the profile management list at the
`
`target on-demand server to make the application program available for use by the user (See page
`
`4, paragraph [0054]).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate wherein registration operations include maintaining at the target on-
`
`demand server a profile management list identifying application programs available for use by
`
`the user and wherein the method further comprises updating the profile management list at the
`
`target on-demand server to make the application program available for use by the user as taught
`
`by Cheng et al in the claimed invention of Dean et al in view of Shrader et al in order to
`
`download relevant update for the software product (See page 4, paragraph [0053]).
`
`

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`Application/Control Number: 09/870,608
`Art Unit: 2141
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`Page 7
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`g.
`
`As per claim 3 7, Dean et al in view of Shrader et al and further in view of Cheng et al
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`fails to teach wherein the profile management list includes a designation of authorized users for
`
`application programs identified in the profile management list.
`
`Cheng et al teaches wherein the profile management list includes a designation of
`
`authorized users for application programs identified in the profile management list (See page 4,
`
`paragraph [0054]).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate wherein the profile management list includes a designation of
`
`authorized users for application programs identified in the profile management list as taught by
`
`Cheng et al in the claimed invention of Dean et al in view of Shrader et al in order to download
`
`relevant update for the software product (See page 4, paragraph [0053]).
`
`4.
`
`Claims 16-17, 24-25 and 28-29 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`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
`
`al further in view of U.S. Patent Application 2003/011024 l to Cheng, Jr. et al as applied to claim
`
`15, 20 and 22 above, and further in view of U.S. Patent No. 5,996,012 to Jarriel.
`
`a.
`
`As per claims 16, 24 and 28, Dean et al in view of Shrader et al and further in view of
`
`Cheng et al teaches the claimed invention as described above. However, Dean et al in view of
`
`Shrader et al fails to wherein the network management server is a Tivoli. server.
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 8
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`Jarriel teaches wherein the network management server is a Tivoli server (See col. 1,
`
`lines 12-35).
`
`It would have been obvious to one with ordinary skill in the art at the time the invention
`
`was made to incorporate wherein the network management server is a Tivoli ser as taught by
`
`J arriel in the claimed invention of Dean et al in view of Shrader et al in order to permit remote
`
`site management and operation (See col. 1, lines 12-35).
`
`b.
`
`As per claim 17, 25 and 29, Dean et al in view of Shrader et al and forther in view of
`
`Cheng et al teaches the claimed invention as described above. However, Dean et al in view of
`
`Shrader et al fails to teach wherein the segment configured to initiate registration operations
`
`includes an import data file and a call to an import program executing on the target station (See
`
`col. 2, lines 50-67).
`
`Cheng et al teaches wherein the segment configured to initiate registration operations
`
`includes an import data file and a call to an import program executing on the target station (See
`
`page 4, paragraph [0050]).
`
`It would have been obvious to one with ordinary skill in the art at the time of the
`
`invention to incorporate wherein the segment configured to initiate registration operations
`
`includes an import data file and a call to an import program executing on the target station as
`
`taught by Cheng et al in the claimed invention of Dean et al in view of Shrader et al in order to
`
`ensure that only users who are authorized by the provider can obtain updates for software
`
`products (See page 4, paragraph [0051 ]).
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 9
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`5.
`
`Claims 18-19, 26-27 and 30-31 are rejected under 35 U.S.C. 103(a) as being unpatentable
`
`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
`
`al further in view of U.S. Patent Application 2003/0110241 to Cheng, Jr. et al as applied to
`
`claims 15, 20 and 22 above, and further in view of U.S. Patent No. 5,996,012 to Jarriel and
`
`further in view of U.S. Patent No. 6,611,498 to Baker et al.
`
`a.
`
`As per claims 18, 26 and 30, Dean et al in view of Shrader teaches the claimed invention
`
`as described above. Furthermore, Dean et al teaches wherein the segment configured to initiate
`
`registration operations includes a variable field into which the target station inserts its
`
`identification during registration operations (See col. 8, lines 1-12 and figures 18 and 19).
`
`However, Dean et al fails to teach wherein the application program is registered based on a
`
`Universal Resource Locator (URL) address accessible to a browser application and wherein the
`
`segment configured to initiate registration operations includes a variable field into which the
`
`target station inserts its identification during registration operations.
`
`Baker et al teaches wherein the application program is registered based on a Universal
`
`Resource Locator (URL) address accessible to a browser application and wherein the segment
`
`configured to initiate registration operations includes a variable field into which the target station
`
`inserts its identification during registration operations (See col. 14, lines 22-41 ).
`
`It would have been obvious to one with ordinary skill in the art at the time invention was made to
`
`incorporate wherein the application program is registered based on a Universal Resource Locator
`
`(URL) address accessible to a browser application and wherein the segment configured to initiate
`
`

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`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 10
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`identification during registration operations as taught by Baker et al in the claimed invention of
`
`Dean et al in view of Shrader et al in order to simplify the enterprise burden by limiting the client
`
`development side to screen layouts and data presentation tools that use a common interface
`
`enabled by the web browser (See col. 2, lines 50-57).
`
`b.
`
`As per claim 19, 26 and 31, Dean et al teaches distributing comprises the step of
`
`distributing the file packet to a plurality of target stations each having an identification which
`
`may be inserted into the variable field at the target station (See col. 8, lines 1-12 and figures 18
`
`and 19).
`
`Conclusion
`
`6.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to Djenane M Bayard whose telephone number is (571) 272-3878.
`
`The examiner can normally be reached on Monday- Friday 5:30 AM- 3:00 PM ..
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Rupal Dharia can be reached on (571) 272-3880. 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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`

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`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 11
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`
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`
`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
`
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`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`Djenane Bayard
`
`Patent Examiner
`
`/