throbber
Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 1 of 11 PageID #: 2278
`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 1 of 11 PageID #: 2278
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`EXHIBIT G
`
`EXHIBIT G
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`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 2 of 11 PageID #: 2279
`
`... .t'
`
`'\Ir
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Examiner: Djenanc M. Bayard
`In re: Cox et al.
`Group Art Ul1it: 2141
`Application Serial No.: 09/870,608
`Confirmation No.: 9481
`Filed: May 31, 20CH
`For: METHODS, SYSTEMS AND COMPU1'ER PROGRAM PRODUCTS FOR
`DISTRIBUTION OF APPLICATION PROGRAMS TO A TARGET STATION ON
`A NETWORK
`
`\.
`
`.(_,,
`
`Mail Stop Amendment
`'Commissioner f°i.)r Patents
`PO Box 1450
`Alexaridria, VA 22313-1450.
`
`December 7, 2004
`
`. Cettifkate of Mailh\g und~I' 37 CFR LS
`I hereby ccrti(y that this correspondence is being deposited with the United
`Swtc!> Postal Service with suJTicient p·osrnge as first class mail in an envelope
`a<ldrcsscd to: Mall Stop i\rneodment, Commissioner for P<ltents, PO Box 1450,
`A lex· drh1, v.A. 223 ! 3-1450 on Deceniber 7, 2Ct04
`
`e:;;e;,'(lr1:f!. r --==a~~~,~-_, __ , ________ ,, ..
`'G· ~
`
`'--------------'"'-'---·---~-·--------~-~'
`
`AM.ENDMENT
`
`Sir:
`
`Applicants provide the present response to address the issues raised in the Office
`
`Action mailed September 8, 2004 ("the Office Action").
`
`If any extension of time for the accompanying response or submission. is required,
`
`Applicant requests that this be considered a petition therefor. The Commissioner is hereby
`authorized to charge any additional fee, which 1i1ay be tequired, or credit any refuhd, to
`
`Deposit Account No. 09-046L
`
`UNILOC_IBM_2016_ 1306
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 3 of 11 PageID #: 2280
`
`ln re: Cox et aL
`Serial No. 09/870,608
`Filed: May 3 J, 200 l
`Page 2of10
`
`fo the Claims:
`
`1-14. (Canceled)
`
`l 5.
`
`(Currently amended) A method for distribution of application programs to a
`
`target on-dem~nd serve~ stat-km on a network comprising the steps executed on a centralized
`
`network management server coupled to the network of:
`
`providing an application prt)gram to be distributed to the network nwnagem.ent server;
`
`specifying a source directory rmd a target directory for distribution of the application
`
`program;
`
`preparing a file packet associated with the application program and includinga
`
`segrneut configured to initiate registration operatious for the application program at the target
`
`on-demand server statit:ITT; and
`
`distributing the file packet to the target on-deg1and server to make the application
`
`2rogram available for use by a user at a client sHH~fffi.
`
`16.
`
`(Original) A method according to Claim J 5 wherein the net\vork management
`
`server is a TivoffrM server.
`
`17.
`
`(Currently amended) A method according to Claim 16 wherein the scgnient
`
`configured to initiate registration operations includes an import data file and a call to an
`
`import program executing on the target on-demand serre.r station 1Q.iru?.J].ll av...Q. register the
`frl~acket associated with the apj21ication Rrogram on the target on~demand server ip a
`
`manner that makes it recognized and available to the user at the cfo~nt.
`
`18.
`
`(Currently amended) A method according to Claim 16 where the application
`
`program is provided as a JA VATM applet and wherein the application progn1m is registered
`
`based on a Universal Resource Locator (URL) address accessible to a bro\vser application and
`
`whereii1 the segment configured to initiate registration operations includes a variabJe field
`
`UNILOC_IBM_2016_ 1307
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 4 of 11 PageID #: 2281
`
`ln re: Cox ct aL
`Serial No. 09/870,608
`Filed: May 3 l, 2001
`Page 3of10
`
`into which the target on-demand server~ inserts its identification during registration
`
`operations.
`
`19.
`
`(Currently amerided) A method according to C1aim 18 wherein the step of
`
`distdbutingcomprises the step of distributing the file p~ickct to a plurality of t\lrgct Q.11.:
`
`dern.and servers st-a:t·~efl-5 each having an identification which may be inserted into the variable
`
`field at the targetpn"demand serverst-0tion.
`
`20.
`
`(Currently amended) An application program distribution system for
`
`distributing apphcation programs to a target gn-deTl13JJ..!'..i S~..YM &t-illt€fftS on a network
`
`executing on a centralized network management server coupled to the network, the system
`
`compnsrng;
`
`means for providing to the network managemer1t server an application program to be
`
`distributed to rem<:.'>te.servers;
`
`means for specifying a source directory and a target directory for distribution.ofthe
`
`application progrnm;
`
`means forpreparing a file. packet associated wiih the application prograrn, the file
`packet including a se:grnent configured to .initiate registration operations for the application
`
`program at the target on-demand server statfo:ns; and
`means for distributing the file packet to the target on-demand server statit..ms to make
`
`the ap~llcation 2rogram availabt©J2r ~.?_~-~-Y.11..~t~e~yJi~nt.
`
`21.
`
`(Canceled)
`
`22.
`
`(Currently amended) A computer program product for distributing application
`
`prowams to a target gn-demru1d...ser.Ys'IT statiens on a network executing on a centrnlized
`
`network management server coupled to the network, the computer program product
`
`comprising:
`
`a computer-readable storage medium having computer-readable program code means
`
`UNILOC_IBM_2016_ 1308
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 5 of 11 PageID #: 2282
`
`In re: Cox et al.
`Serial No. 09/870,608
`Filed: May 31, 2001
`Page 4of10
`
`embodied in sai.d n:1edium, said computer~readab!e program code means comprising:
`
`computer readable program code means for providing to the network management
`
`server an application prof_,rram to be distributed to remote servers;
`
`computer readable program code rneans for specifying a source directory and a target
`
`directory for distribution of the application prof,,rram;
`
`computer readable progrmn code means for preparing a file packet associated with the
`~µplication program, the file packet i\1cluding a se&,'illentconfigured to initiate registration
`operations for the !lpplication progtam at the target on-demand serv(~f stations; and
`
`computer readable program code means for distributin:g the file packet to the target
`
`on-demand server sh~ to make the anplication program available for use bv a user at f!
`
`·£H.~nl•
`
`23.
`
`(Canceled).
`
`24.
`
`(Previously presented) A system according to Claim 20 wherein .the network
`
`ri:rnnagernent server is a TivoJrtM server.
`
`25.
`
`(Currently amended) A system according to Claim 24 wherein the segment
`
`configured to initiate n;gistration operations indudes an import data file and a call to an
`
`import program ex~:cuting on the target on-demarnj sqrver stations to install and register the
`
`file packet associated with the ttl1Qlication P.IQSI.@.!l..£.m tl)e target on:demand server in a
`m?rn:ier tbat makes it recognize;d f!J1~Lg.vailable to the user at the chIT1!.
`
`26.
`
`(Currently amended) A system according to Claim 24 wherein the application
`
`program is provided as a JAVAl'M applet and wherein the application program is registered
`
`bused on a Universal Resource Locator (lJRL) address accessible 10 a browser application and
`
`wherein the segment configured to initiate registration operations includes u variable field
`
`into which the target Qn-demancL::;~n!S'.f. stffiiBfls inserts its identification during registration
`
`opera dons.
`
`UNILOC_IBM_2016_ 1309
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 6 of 11 PageID #: 2283
`
`In re: Cox ct al.
`Serial No. 09/870,608
`Filed: May 31, 2001
`Page 5 oflO
`
`27.
`
`(Currently amended) A system according to Claim 26 Wh\'!rein the means for
`
`distributing comprises means for distributing the file packet to a plurality of target on-demand
`
`serv~rn Af-atiefrn each having an identification which may be inserted into the variable field al
`
`the target on'"'demand~~t.Y.er sh'tli-Ot1s.
`
`28.
`
`(Previously presented) A computer program product according to Claim 22
`
`wherefo the network management server is a TivoliTM server.
`
`29.
`
`(Currently amended) A con1puter program product according to Claim 28
`
`wherein the segrnent configured to initiate registration operntions includes an irnport data :file
`and ~teal! to an import program executing on the target pn-d_emand server st·aMons to install
`~mtr?.Z!:~H~rt.h? .. filP .. P.i:l.qJ~.9.Ut$$.9~iJ-!!~~9.~'?!1Ih1hY..l}J?.pJjcatioJ1Qro.grarp on the target on--deniat1d
`server in a manner that makes it recognized and availaQ12J_qJ:J1~ user at the client.
`
`'
`(Currently amended) A computer program product acc:ording to Cfahn 28
`30.
`whereill the application program i:s provided as a JAY A™ applet and 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 registrndon operations
`
`includes a variable field into which the target t)n.-dema_nd sen~.r st:a-fi.e.oo inserts its
`
`identification during registration operations.
`
`31.
`
`(Currently amended) A computer program product according to Claim 30
`
`wherein the computer readable program code means for distributing compri.ses computer
`
`readable program code means for distributfrig the file packet to a plurality of target Q!1:
`
`demand servers stahens each having an identification vvhich may he inserted into the variable
`
`field at the target QD:~J~fil.filJ~Ls;_g!}:'.fT Sh'1tt<7HS.
`
`32.
`
`(New) A method according to Claim 15 wherein distributing the file packet is
`
`UNILOC_IBM_2016_ 1310
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 7 of 11 PageID #: 2284
`
`In re: Cox et al.
`Serial No. 09/870,608
`Filed: May 31, 200 l
`Page 6of10
`
`preceded by executing a pre-distribution program at the netv,.rork management server.
`
`33.
`
`(New) A method according to Claim 32 wherein executing a pre--distribution
`
`program indudes dotcm1foing an environment· fbr the application program that exists on the
`
`target on-demand server.
`
`34.
`
`(Nei;v) A method according to Claim 33 wherein preparfoga file packet
`
`includes including a selected version of an application launeher in the filepacket, the selected
`
`versionheing selected based on the dctem1ined environment.
`
`(New) A method according to Claim 15 wherein distributing the file packet is
`35.
`followed by executing an after-distribution prof:_~am aHhe targeton.·demand server.
`
`36~
`
`(New) A method according to Claim 17 whereinregistration operations
`
`include maintaining at the target on~demand server a profile management list identifying
`
`application prograri1s available for use by the user and w.herein the method further comprises
`
`updating the profile managernent list at the target on-demand server to make the application
`
`program available for use by the usor.
`
`37.
`
`(New) A method according to Claim 36 wherein the profile rnanagentent list
`
`includes a designation of authorized users for applicatiol:1 programs identified in theprofile
`
`management list.
`
`UNILOC_IBM_2016_ 1311
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 8 of 11 PageID #: 2285
`
`ln re: Cox ct at.
`Serial No. 09/870,608
`Filed: Mf\y 31, 2001
`Page 7 of IO
`
`REMARKS
`
`Applicants appreciate the thorough review of the present application as indicated by
`
`the Office Action. Independent method Cl<iim I 5 and corresponding system and computer
`
`program product Claims 20 and 22 have been amended above to clatify that the target station
`
`is an on-demand server and that the file packet is distribmcd to "Inake the applicaJio11
`
`program available for use by a userat a client,'' as described, for example, at page 28, lines 3:..
`4 of the present application. ln addition, dependent Claims 17, 25 and 29 have been amernfod
`
`to clarify that the call to the import program executing on the target on-demand server is ''to
`
`install and register the file packet a:ssociated 'lvith the application program on the target on-
`
`, demand server in a manner that makes it recognized m.td available to the user at the chenL"
`
`Such recitations are described in the present application, for example, at page 28, lines 3-4.
`
`New Claims 32 to 3 7 have been added; which include additional recitations, support for
`
`which is found generally at pages 28-33 ofthe present application.
`
`Applicants submit that the claims as amended am patentable over the Cite.cl art.
`Accordingly, A.ppticants request entry of this amendment and passing of lhis application to
`issuance.
`
`Independent Claims 15, 20 and 22 stand rejected under 35 U.S,C. § 103 over United
`
`States Patent No. 6,202,206 to Dean et al. ("Dean") in vievv of United States Patent No.
`
`5,867,713 to Shrader ct aL (''Shrader"). Office Action,p. 2. The remaining claims stand
`
`rejected as obvious over Dean mid Shrader in combination with one or more of United States
`
`Patent No. 5,996,012 to Jarriel ("Jarriel") and United States Pa,tent No. 6,611,498 to Baker et
`
`al. ("Baker").
`
`The Independent Claims Are Patentable Over the Cited A.rt:
`
`Independent method Claim 15 recites;
`
`A method for distribution of application programs to a target on-demand
`server on a network comprising the steps executed on a centralized i1etwork
`mmrngement server coupled to the network of:
`providing an application program to be distributed to the network
`management server~
`specifying a source directory and a target directory for distributfon of the
`
`UNILOC_IBM_2016_ 1312
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 9 of 11 PageID #: 2286
`
`In re: Cox et aL
`Serial No. 09/870,608
`Filed: i\fay 3l, 2001
`Page S of IO
`
`application program;
`preparing a file packet associated with the application p:n:igram and
`including a segment configured to initfate registration operations for the
`applkatfon program at the target orHlemand server; and
`distributing the file p:;icket to the target on-dem~rnd server to make the
`llpplkation program available for use by a user at a client.
`
`Independent system and computer program product Clairns 20 and 22 contain corresponding
`
`recitations. Applicauts submit that at least the highlighted portions of Claim 15 are not
`
`disclosed or suggested by the cited prior art.
`
`As is clear from the highlighted recitations of Claim 15, the claimed embodiments of
`
`Claim. 15 are directed to distribution of application progrnms frorn a network management
`
`computer to on-demand server(s) and to registering the application pro&'fam.S at the on(cid:173)
`
`demand servet(s) so that they will be available to users accessing the programs from client
`
`cornputers.
`
`Tht!, ci.ted portions of Dean relied on in the rejection of Claims 15, 20 and 2.2 read as
`.
`
`.
`
`follows:
`
`The,,present invention uses the data files and other infonnation developed during
`the preliminary processing v/hich involved the primary server computer alone as
`covered by those two copending patent applications. The primary server loads all
`of the selected application programs onto their respective server and client
`computers and completes the 11etwork configuration under the control of the
`profile .data file vvhich is stored in the primary server cornputec All oftbe sekctetl
`prograrns to be installed throughout the network of server and client cmnputers
`are first loaded into the primary server computer. Then, there isrun the sequence
`of the keystroke and cursor entries required to install .said selected components
`and programs on said server and client computers as recorded in a data file
`representative of said sequence of entries stored ln said pririrnry server computer.
`As a result, the programs and components are automatically loaded into the
`respective server and client computers in said network requiring said programs
`and eomponents. The programs thus distributed .include the operating systems for
`the
`
`Dean, Col. 2, lines 50-67); and
`
`Accordingly, the copending Dean et al. application covers the general concept of
`making all of the entries fr,r installations for all of the computers in the network
`through a primary server so that all of the network installations are under the
`control of the primary server. These are recorded and stored as keystrokes and
`
`UNILOC_IBM_2016_ 1313
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 10 of 11 PageID #: 2287
`
`In re: Cox ct al.
`Serial No. 09/870,608
`Filed: May 3 I, 2001
`Page 9 or IQ
`
`cursor selections in a data file profile as covered in the copcnding Bezanson et al.
`patent application, which is subsequently used to control the configuration of the
`network and installations and settings on all of the cornputers in the network The
`present patent application covers automatically and, \.Vherever possible,
`simultaneously configuring the network and making aH installations and settings
`on all of the computers in the net\vork via the primary server c()mputer based
`upon the previously recorded stored profile with application programs which have
`been previously loaded into the primary serve1· computer
`
`(Dean, CoL 5, lines 25~40).
`
`Applicants submit that, while there is a discussion of distribution of application
`
`programs from a primary server computer to clients and servers in these sections, there is no
`
`discussion of providing a file packet to target on-demand servers to initiate registration
`
`operations to make an application program available to a user at a client. Similarly, the
`
`secondary references contain no such disclosure or suggestion. Accordingly, the rejections of
`independent Claims 15, 20 and 22 should be withdrawn for at least these reasmis.
`
`The Dependent Cl~ims:
`
`Each of the dependel'tt clah11s: is patentable at least based on the patentability of the
`
`independent claim from which it depends as discussed above. In addition. various of the
`
`dependent claims are separately patentable. For example, contrary to the assertion in the
`
`Office Action, none of the references disclose or suggest the itnport program and registration
`
`operations for making a:n application program available on a target on-demand server so that
`it is "recognized and available to the user at the dient" a.."> recited in Claims 17, 25 and 29.
`
`With respect to Claims 18, 26 and 30, Applicants submit that, \Vhile the secondary references
`
`may disclose some of the utilized terms of these claims, they fail to disclose the particulars of
`
`the recited use of a URL for registration of an application program and insertion of an
`
`identification in a variable field of the segment of the file packet configured to initiate the
`
`registration operations to make the application program available to a user at adient as
`
`recited in these claims. Each of new Claims 32-37 is also separately patentable based on the
`
`inclusion of recitations therein not found in the cited prior art. Accordingly, the dependent
`
`claims are also separately patentable and should. be allowed for at least these additional
`
`UNILOC_IBM_2016_ 1314
`
`

`

`Case 2:16-cv-00741-RWS Document 159-7 Filed 06/01/17 Page 11 of 11 PageID #: 2288
`
`In re: Cox et al.
`Serial No. 09/870,608
`Filed: May 3 l, 2001
`Page 10of10
`
`reasons.
`
`CONCLUSION
`
`Applicants respectfully submit th.at, for the reasons discussed above, the references
`
`cited in the present rejections do not di,scfose or suggest the present invention as claimed.
`
`Accordingly, Applicants respectfully reqpest allowance of all the pending claims and passing
`
`this ~~pplicaticin to issue.
`
`Registration :No. 3<\81 l
`
`Myers Bigel Sibley & Sajovec
`P.O. Box. 37428
`Raleigh, NC 27627
`(919) 854-1400 phone
`(919)854-1401 fax
`
`UNILOC_IBM_2016 1315
`
`

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