UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`Unlled Slates Poccnc and TNdcmork Office
`Address: COMM ISSIONER FOR PATENTS
`P.O. Do• 14SO
`Alexandria. Viri:ini• 2231M4SO
`WW'Yt' .uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`09/870,608
`
`05/3112001
`
`DavidE. Cox
`
`5577·130DV
`
`9481
`
`1590
`09/22/2005
`20792
`MYERS BIGEL SIBLEY & SAJOVEC
`PO BOX 37428
`RALEIGH, NC 27627
`
`EXAMINER
`
`BAY ARD, DJENANE M
`
`ART UNIT
`
`2141
`
`PAPER NUMBER
`
`DATE MAILED: 09122/2005
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`PT0-90C (Rev. 10/03)
`
`IPR2017-00184
`UNIFIED EX1026
`
`

`
`Office Action Summary
`
`Application No.
`
`09/870,608
`
`Examiner
`
`Applicant( s)
`
`COX ET AL.
`
`Art Unit
`
`2141
`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) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions or time may be availabh1 under the provisions of 37 CFR 1.135(a). In no event, however, may a reply be timely filed
`after SIX (5) MONTHS from the mailing date of this communication.
`I( NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (5) MONTHS from the mailing date of this communication.
`Failure to reply within the sel or extended period for reply will, by statute, cause the applicallon to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the omce later than three months after the mailing dale or this communication. even if timely filed, may reduce any
`earned patent term adjuslmenl. See 37 CFR 1. 704(b).
`
`Status
`
`1 )~ Responsive to communication(s) filed on 24 June 2005.
`2a)0 This action is FINAL.
`2b}~ This action is non-final.
`3)0 Since this application is in condition for allowance except for fonnal 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)~ Claim(s) 15-37 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`4a) Of the above claim(s) __ is/are withdrawn from consideration.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)0 Claim(s) __ is/are rejected.
`7)0 Claim(s) _ _
`is/are 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 1.121(d).
`11)0 The oath or declaration is objected to by the Examiner. Note the attached Office Action orfonn 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)).
`• See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`1) [8J Notice or References Cited (PT0-892)
`2) 0 Notice or Drartsperson's Patent Drawing Review (PT0 -948)
`3) 0 Information Disclosure Statement(s} ( PT0-1 449 or PTO/SB/08}
`Paper No(s}/M ail Date _
`_ .
`
`4) 0 Interview Summary (PT0-413}
`Paper No(s)/Mail Date. __ .
`5} 0 Notice or Informal Patent Application (PT0-152)
`6} 0 Other: __ •
`
`U.S . Patent and Tradem•rl< OHice
`PTOL-326 (Rev. 7-05)
`
`Office Action Surmnary
`
`Part or Paper No.!Mail D ate 20050909
`
`

`
`I
`
`I
`
`Ap~lication/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 2
`
`1.
`
`This is in response to amendment filed on 6/24/05 in which claims 15-37 are pending.
`
`DETAILED ACTION
`
`Response to Arguments
`
`2.
`
`Applicant's arguments with respect to claims 15, 20 and 22 have been considered but are
`
`moot in view of the new ground(s) of rejection. Applicant argues that Cheng fails to teach
`
`"including a segment configured to initiate registration operations for the application program at
`
`the target station in the file packet". A new prior art is introduced to teach this limitation.
`
`Claim Rejections- 35 USC§ 103
`
`3.
`
`The following is a quotation of35 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
`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.
`
`4.
`
`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 No. 69,047194 to Andersson.
`
`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
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 3
`
`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
`
`the application program as taught by Shrader et al in order to determine if the file directories and
`
`files objects are valid and accessible on the network (See col. 2, lines 61-62).
`
`Andersson et al teaches and including a segment configured to initiate registration
`
`operations for the application program at the target stationing the file packet (See col. 8, lines 3-
`
`14).
`
`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 Andersson 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 4
`
`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-distribution program includes determining an environment for the
`
`application program that exists on the target on-demand server (See col. 8, lines 12-20).
`
`5.
`
`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 and further in view of U.S. Patent No. 69,047194 to Andersson as applied above 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.
`
`Jarriel teaches wherein the network management server is a Tivoli server (See col. 1,
`
`lines 12-3 5).
`
`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
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 5
`
`Jarriel 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).
`
`6.
`
`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 No. 69,047194 to Andersson and further in view of U.S. Patent No.
`
`5,996,012 to Jarriel as applied above to claim 16 above, and further in view of U.S. Patent
`
`Application No. 2003/0110241 to Cheng et al.
`
`a.
`
`As per claim 34, Dean et al in view of Shrader et al and further in view of Andersson
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`in view of Andersson fails to teach 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.
`
`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
`
`determined environment as taught by Cheng et al in the claimed invention of Dean et al in view
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 6
`
`of Shrader et al in view of Andersson in order to download relevant update for the software
`
`product (See page 4, paragraph [0053]).
`
`b.
`
`As per claim 35, Dean et al in view of Shrader et al and further in view of Andersson
`
`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
`
`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 ]).
`
`c.
`
`As per claim 36, Dean et al in view of Shrader et al and further in view of Andersson
`
`teaches the claimed invention as described above. However, Dean et al in view of Shrader et al
`
`and further in view of Anderson fails to teach 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.
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 7
`
`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 view of
`
`Anderson in order to download relevant update for the software product (See page 4, paragraph
`
`[0053]).
`
`d.
`
`As per claim 3 7, Dean et al in view of Shrader et al and further in view of Anderson
`
`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]).
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 8
`
`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]).
`
`7.
`
`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 6,047194 to Andersson, and further in view of U.S. Patent No.
`
`5,996,012 to Jarriel as applied to claim 16 above, and further in view of U.S. Patent No.
`
`6,611,498 to Baker et al.
`
`a.
`
`As per claims 18, 26 and 3 0, Dean et al in view of Shrader in view of Andersson 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.
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 9
`
`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 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
`
`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 ..
`
`

`
`Application/Control Number: 09/870,608
`Art Unit: 2141
`
`Page 10
`
`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
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
`
`Djenane Bayard
`
`Patent Examiner
`
`J.~"'"
`
`i~J~VISORY PATENT EXA ·:i