`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`313-1450
`Alexandria, Virginia 22.
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
` FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`CONFIRMATIONNO.
`
`11/889,685
`
`08/15/2007
`
`Nalini J. Prakash
`
`2222.540REIO
`
`5524
`
`26111
`
`7590
`
`12/12/2012
`
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`1100 NEW YORK AVENUE,N.W.
`WASHINGTON,DC 20005
`
`EXAMINER
`
`NGUYEN,LE V
`
`ART UNIT
`
`2174
`
`MAIL DATE
`
`12/12/2012
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
`Office Action Summary
`
`11/889,685
`Examiner
`LE NGUYEN
`
`PRAKASH, NALINI J.
`Art Unit
`2174
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address--
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTH(S) OR THIRTY(30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe 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 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).
`Anyreply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)X] Responsive to communication(s)filed on 30 August 2012.
`2a)L] This action is FINAL.
`2b)X] This action is non-final.
`3)L] An election was made bythe applicant in response to a restriction requirement set forth during the interview on
`
`; the restriction requirement and election have been incorporated into this action.
`4)_] Sincethis application is in condition for allowance exceptfor 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
`5)X] Claim(s) 1-6, 12, 14-30,32-41,43-47,49-65 and 67-70 is/are pending in the application.
`
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6)L] Claim(s) ___ is/are allowed.
`
`7) Claim(s) 1-6, 12, 14-30,32-41,43-47,49-65 and 67-70 is/are rejected.
`8)L] Claim(s) ___is/are objectedto.
`9)L] Claim(s)___ are subjectto restriction and/or election requirement.
`
`Application Papers
`
`10) The specification is objected to by the Examiner.
`
`11)[] The drawing(s) filed on
`is/are: a)[_] accepted or b)[_] 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).
`12) The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`13)[] Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)L] All
`)LJ Some * c)L] None of:
`1..] Certified copies of the priority documents have been received.
`2.L] Certified copies of the priority documents have been received in Application No.
`3.L] Copiesof the certified copies of the priority documents have been receivedin 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) Xx Notice of References Cited (PTO-892)
`2) [_] Notice of Draftsperson’s Patent Drawing Review (PTO-948)
`3) [J Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`4) CT] Interview Summary (PTO-413)
`Paper No(s)/Mail Date. __
`5) L] Notice of Informal Patent Application
`6) Cc Other:
`
`PTOL-326 (Rev. 03-11)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20121017
`
`
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 2
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`DETAILED ACTION
`
`1.
`
`2.
`
`This communication is responsive to an amendmentfiled 08/30/2012.
`
`Claims 1-6, 12, 14-30, 32-41, 43-47, 49-65 and 67-70 are pending in this
`
`application; and, claims 1, 14, 18, 22, 32, 36, 49, 53, 57 and 67 are independentclaims.
`
`Claims 7, 13, 31, 42, 48 and 66 have been cancelled; and, claims 1, 14, 18, 22, 32, 36,
`
`49, 53, 57 and 67 have been amended.
`
`Oath/Declaration
`
`3.
`
`In accordance with 37 CFR 1.175(b)(1), a supplemental reissue oath/declaration
`
`under 37 CFR 1.175(b)(1) must be received before this reissue application can be
`
`allowed.
`
`Claims 1-12, 14-30, 32-47, 49-65 and 67-70 are rejected as being based upon a
`
`defective reissue declaration under 35 USC 251. See 37 CFR 1.175. The nature of the
`
`defect is set forth above. Receipt of an appropriate supplemental oath/declaration
`
`under 37 CFR 1.175(b)(1) will overcome this rejection under 35 USC 251. An example
`
`of acceptable language to be usedin the supplemental oath/declaration is as follows:
`
`“Every error in the patent which was corrected in the present reissue application, and is
`
`not covered by a prior oath/declaration submitted in this application, arose without any
`
`deceptive intention on the part of the applicant.”
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 3
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`Claim Rejections - 35 USC § 101
`
`4.
`
`35 U.S.C. 101 reads as follows:
`
`Whoever invents or discovers any new and useful process, machine, manufacture, or composition of
`matter, or any new and useful improvementthereof, may obtain a patent therefor, subject to the
`conditions and requirements ofthistitle.
`
`Claims 18-30, 32-35, 53-65 and 67-70 are rejected under 35 U.S.C. 101 because
`
`the claimed invention is directed to non-statutory subject matter.
`
`It is the current
`
`position of the Office that a computer-readable medium as claimed is considered non-
`
`statutory, especially given that the specification is completely silent as to the particular
`
`details of what the medium comprises. Such claims must be rejected under 101 for
`
`encompassing non-statutory subject matter such as signals and transmission medium.
`
`Article of manufacture claims are treated for purposes of 101 like article or apparatus
`
`claims, and the term “tangible” has no meaningful effect or limitation on the medium.
`
`Thatis, tangible is not the same as non-transitory.
`
`Reissue Applications
`
`5.
`
`Applicant is reminded that s/he needsto fully comply with 37 CFR 1.173(c),
`
`which states:
`
`(c) Status of claims and support for claim changes. Wheneverthere is an amendmentto
`the claims pursuant to paragraph (b) of this section, there must also be supplied, on
`pages separate from the pages containing the changes, the status (/.e., pending or
`canceled), as of the date of the amendment,of all patent claims andof all added claims,
`and an explanation of the supportin the disclosure of the patent for the changes made
`to the claims.
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 4
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`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103(a) which formsthe basis for all
`
`obviousnessrejections setforth 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 102ofthis 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 obviousat 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.
`
`7.
`
`1-6, 8, 14, 15, 18, 19, 22-26, 32, 33, 36-41, 43, 49, 50, 53, 54, 57-61, 67 and 68
`
`are rejected under 35 U.S.C. 102(b) as being unpatentable over Takahashi etal.
`
`(“Takahashi’, US 6,424,429 B1) in view of Gourdol etal. (“Gourdol”, US 6,031,532), and
`
`further in view of Small et al. (“Small”, US 5898434 A).
`
`As per claim 1, Takahashi teaches a method for graphically representing secured
`
`items comprising determining a security level of each of the secured items and for
`
`graphically displaying the secured items, placing for each secured item a security icon
`
`corresponding to the security level of that item in place of a default icon wherein the
`
`default icon represents a corresponding non-secured item from which the respective
`
`secured item wasderived (fig. 38; col. 31 line 22 — col. 32, line 67; determining a
`
`security level of each of the secured items and graphically displaying the secured times,
`
`e.g. element 71). Takahashi does notexplicitly disclose superimposing a security icon
`
`over a default icon representing a corresponding non-secured item of a same file type
`
`as the respective secured item for graphically displaying a corresponding security level
`
`of secured items. Gourdol teaches superimposing a security icon over a default icon
`
`representing a corresponding non-secured item of a samefile type as the respective
`
`

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`Application/Control Number: 11/889,685
`Art Unit: 2174
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`Page 5
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`secured item for graphically displaying a corresponding security level of secured items,
`
`i.e. a default icon and superimposing a secured item overthe default icon (figs. 1-6b;
`
`col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7; in the exemplary environmentoffig. 1, a
`
`foreground icon with a lock security level will be superimposed on the background icon
`
`in a mannerwhich obstructs any image behind the masked areas of the foreground icon
`
`wherein most of the area of the image, except for the maskedportions of the icons, are
`
`transparent to the user and, moreover, even during a theme change, only the base
`
`folder icon needs to be switched, and the same badge can be applied to either a two
`
`dimensional folder image or a three-dimensional folder image; however,if all folders
`
`were switched to a three-dimensional view, a custom icon might look out of place and,
`
`thereby, user's designated icon badge is allowed to always be displayed on the folder
`
`icon whendisplayed, regardless of the image of the folder wherein the custom badge
`
`specifies only that portion of the image which is different, i.e. the foreground image, and
`
`the base folder icon 36 remains the same sothatif a system theme were changedto
`
`alter all of the system icons, the altered icon wouldstill have, as its badge, the
`
`designated representation storedin the file "Icon/n."; col. 1, line 51 — col. 2, line 4; col.
`
`6, lines 7-53). In view of KSR, 127 S. Ct. 1727 at 1742, 82 USPG2dat 1397 (2007), it would have
`
`been obviousto an artisan at the time of the invention to incorporate Gourdol’s teaching
`
`with the teachings of Takahashi given that such techniquesof placing an image over
`
`something else are often used so that both things appear simultaneously.
`
`Takahashi and Gourdol do not explicitly disclose a security level selected from a
`
`set of a plurality of security levels. Small teaches a security level selected from a setof
`
`

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`Application/Control Number: 11/889,685
`Art Unit: 2174
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`Page 6
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`a plurality of security levels (figs. 3 and 15(e-f); col. 8, line 12 — col. 9, line 34; col. 18,
`
`line 24- col. 20, line 3; e.g. Rush element 44 could be singularly used to mark a
`
`computer generated document as a rush document, or it could be combined with
`
`another element, such as To Do element 40, to indicate that something that is to be
`
`done, is to be done immediately, Confidential element 48 could be usedto restrict
`
`access to documents so that when a document was marked with the confidential
`
`element, only users who entered a password would beable to read the document,
`
`documents marked with the Internal Report element 54 could be restricted to
`
`distribution only within a companyor an office, or Administration element 36, which
`
`could be used to markitems whichare to be distributed to only a limited group of
`
`administrative people on a computer network). In view of KSR, 127 S. Ct. 1727 at 1742, 82
`
`USPG2d at 1397 (2007), it would have been obvious to an artisan at the time of the
`
`invention to incorporate Small’s teaching with the teachings of Takahashi and Gourdol
`
`to provide a numberof additional and different types of elements in terms ofits
`
`appearanceand function.
`
`As per claim 2, the modified Takahashi teaches the methodof claim 1 and further
`
`teachesintercepting items whenthe items are retrieved from a storage device and
`
`determining whetheranyof the intercepted items are secured (Takahashi: fig. 38; col.
`
`31 line 22 —col. 32, line 67; Gourdol: col. 6, line 10 — col. 7, line 40; e.g. when switching
`
`themes).
`
`As perclaim 3, the modified Takahashi teaches the methodof claim 2 and further
`
`teaches said determining a security level comprises activating a client module in
`
`

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`Application/Control Number: 11/889,685
`Art Unit: 2174
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`Page 7
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`responseto a determination that at least one of the items is secured (Takahashi: fig. 38;
`
`col. 31 line 22 —col. 32, line 67; Gourdol: col. 7, lines 6-14; client application).
`
`As per claim 4, the modified Takahashi teaches the methodof claim 3 and further
`
`teaches the client module is configured to operate in an operating system supporting
`
`the program (Takahashi: fig. 38; col. 31 line 22 — col. 32, line 67; Gourdol: fig. 1; col. 7,
`
`lines 6-14; windowing environment).
`
`As per claim 5, the modified Takahashi teaches the method of claim 4 and further
`
`teachesthat the operating system comprises a graphic windows operating system and
`
`the program comprisesa utility configured to display contents of the storage device
`
`(Takahashi: fig. 38; col. 31 line 22 —col. 32, line 67; Gourdol: fig. 1; col. 7, lines 6-14;
`
`windowing environment supporting display of graphics and, moreover, contents of the
`
`storage device).
`
`As per claim 6, the modified Takahashi teaches the methodof claim 3 and further
`
`teaches determining security information associated with the at least one secured item
`
`wherein the security information includes information regarding the security level of the
`
`at least one secured item (Takahashi: fig. 38; col. 31 line 22 — col. 32, line 67; Gourdol:
`
`figs. 1-6b; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7; plurality of icons comprising a
`
`composite icon with a background icon and foregroundicon having a particular status
`
`such as being on a networkor locked).
`
`As perclaim 8, the modified Takahashi teaches the methodof claim 1 and further
`
`teaches that the default icon is associated with an executable program (Takahashi: fig.
`
`38; col. 31 line 22 — col. 32, line 67; Gourdol: figs. 1-6b; col. 4, lines 7-29; col. 4, line 59
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 8
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`— col. 5, line 7; plurality of icons comprising a composite icon with a background icon
`
`and foregroundicon having a particular status such as locked; Gourdol: figs. 1-6b; col.
`
`4, lines 7-29; icons representing application program, document, stationary pad, query
`
`document, etc.).
`
`As per claim 22, Takahashi teaches a tangible computer readable medium
`
`having instructions stored thereon comprising instructions to determine a security level
`
`of each of the secured items and for graphically displaying the secured items, placing
`
`for each secured item a security icon corresponding to the security level of that item in
`
`place of a default icon wherein the default icon represents a corresponding non-secured
`
`item from which the respective secured item wasderived(fig. 38; col. 31 line 22 — col.
`
`32, line 67; determining a security level of each of the secured items and graphically
`
`displaying the secured times, e.g. element 71). Takahashi does notexplicitly disclose
`
`placing or superimposing a security icon over a default icon. Gourdol teaches
`
`superimposing for each secured item a security icon corresponding to the security level
`
`of that item over a default icon (figs. 1-6b; col. 4, lines 7-29; col. 4, line 59 — col. 5, line
`
`7; in the exemplary environmentoffig. 1, a foreground icon with a lock security levelwill
`
`be superimposed on the background icon in a manner which obstructs any image
`
`behind the masked areas of the foreground icon wherein mostof the area of the image,
`
`except for the masked portions of the icons, are transparent to the user and, moreover,
`
`even during a theme change,only the base folder icon needs to be switched, and the
`
`same badge can be applied to either a two dimensional folder image or a three-
`
`dimensionalfolder image; however,if all folders were switched to a three-dimensional
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 9
`
`view, a custom icon might look out of place and, thereby, user's designated icon badge
`
`is allowed to always be displayed on the folder icon when displayed, regardless of the
`
`image of the folder wherein the custom badge specifies only that portion of the image
`
`whichis different, i.e. the foreground image, and the base folder icon 36 remains the
`
`sameso that if a system theme were changedto alterall of the system icons, the
`
`altered icon would still have, as its badge, the designated representation stored in the
`
`file "Icon/n."; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-53). In view of KSR, 127 S. Ct.
`
`1727 at 1742, 82 USPG2d at 1397 (2007), it would have been obvious to an artisan at the time
`
`of the invention to incorporate Gourdol’s teaching with the teachings of Takahashi given
`
`that such techniquesof placing an image over something else are often used so that
`
`both things appear simultaneously.
`
`Takahashi and Gourdol do not explicitly disclose a security level selected from a
`
`set of a plurality of security levels. Small teaches a security level selected from a setof
`
`a plurality of security levels (figs. 3 and 15(e-f); col. 8, line 12 — col. 9, line 34; col. 18,
`
`line 24- col. 20, line 3; e.g. Rush element 44 could be singularly used to mark a
`
`computer generated document as a rush document, or it could be combined with
`
`another element, such as To Do element 40, to indicate that something that is to be
`
`done, is to be done immediately, Confidential element 48 could be usedto restrict
`
`access to documents so that when a document was marked with the confidential
`
`element, only users who entered a password would beable to read the document,
`
`documents marked with the Internal Report element 54 could be restricted to
`
`distribution only within a companyor an office, or Administration element 36, which
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 10
`
`could be used to markitems whichare to be distributed to only a limited group of
`
`administrative people on a computer network). In view of KSR, 127 S. Ct. 1727 at 1742, 82
`
`USPG2d at 1397 (2007), it would have been obvious to an artisan at the time of the
`
`invention to incorporate Small’s teaching with the teachings of Takahashi and Gourdol
`
`to provide a numberof additional and different types of elements in terms ofits
`
`appearanceand function.
`
`As perclaim 23, the modified Takahashi teaches the tangible computer readable
`
`medium of claim 22 and further teaches intercepting items whenthe items are retrieved
`
`from a storage device and determining whetherany of the intercepted items are
`
`secured (Takahashi: fig. 38; col. 31 line 22 —col. 32, line 67; Gourdol: figs. 1-6b; col. 1,
`
`line 51 —col. 2, line 4; col. 6, lines 7-53; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7 ).
`
`As perclaim 24, the modified Takahashi teaches the tangible computer readable
`
`medium of claim 23 and further teaches the client module is configured to operate in an
`
`operating system supporting the program (Takahashi: fig. 38; col. 26, lines 1-2; col. 31
`
`line 22 — col. 32, line 67; OS of display 44; Gourdol: figs. 1-6b; col. 1, line 51 —col. 2,
`
`line 4; col. 6, lines 7-53; col. 4, lines 7-29; col. 4, line 59 —col. 5, line 7).
`
`As perclaim 25, the modified Takahashi teaches the tangible computer readable
`
`medium of claim 24 and further teaches determining security information associated
`
`with the at least one secured item wherein the security information includes information
`
`regarding the security level of the at least one secured item (Takahashi: fig. 38; col. 31
`
`line 22 — col. 32, line 67; Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-
`
`53; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7).
`
`

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`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 11
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`As perclaim 26, the modified Takahashi teaches the tangible computer readable
`
`medium of claim 22 and further teaches that the default icon is associated with an
`
`executable program (Takahashi: fig. 38; col. 31 line 22 —col. 32, line 67; Gourdol: figs.
`
`1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-53; col. 4, lines 7-29; col. 4, line 59 —
`
`col. 5, line 7).
`
`Claims 14, 32 and 67are individually similar in scope to claim 22 and are
`
`therefore rejected undersimilar rationale except for the feature of determining a security
`
`level comprises activating a client module in responseto a determination that at least
`
`one of the items is secured, which the modified Takahashi also teaches (Takahashi: fig.
`
`38; col. 31 lines 22-46; output provided by Web IMS 16).
`
`As per claim 15, the modified Takahashi teaches a method for graphically
`
`indicating secured items in a program for displaying contents in a selected place
`
`wherein there is an appropriate icon for the at least one of the secured items when the
`
`at least one of the secured items is not secured and wherein said generating a
`
`superimposed icon comprises choosing an appropriate icon for the at least one of the
`
`secured items and superimposing the appropriate icon over the default icon associated
`
`with without losing original indications of the default icon (Gourdol: figs. 1-6b; col. 1, line
`
`51 —col. 2, line 4; col. 6, lines 7-53; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7.
`
`Motivation to combine Gourdol is the same as that mentionedfor claim 1).
`
`Claims 18 and 19 in combination is similar in scope to claim 22 and are therefore
`
`rejected under similar rationale.
`
`

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`Application/Control Number: 11/889,685
`Art Unit: 2174
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`Page 12
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`As per claims 33 and 68, the modified Takahashi teaches the tangible computer
`
`medium of claim 32 and 67 respectively and further teaches an appropriate icon for the
`
`at least one of the secured items when the at least one of the secured items is not
`
`secured and wherein said generating a superimposed icon comprises choosing an
`
`appropriate icon for the at least one of the secured items and superimposing the
`
`appropriate icon over the default icon associated with without losing original indications
`
`of the default icon (Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-53;
`
`col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7. Motivation to combine Gourdol is the
`
`sameas that mentioned for claim 1).
`
`Claim 36 is similar in scope to claim 22 and is therefore rejected undersimilar
`
`rationale.
`
`Claim 37 is similar in scope to claim 23 andis therefore rejected under similar
`
`rationale.
`
`Claim 38 is similar in scope to claim 24 andis therefore rejected under similar
`
`rationale.
`
`As per claim 39, the modified Takahashi teaches the methodof claim 38 and
`
`further teaches the client module is configured to operate in an operating system
`
`supporting the program (Takahashi: fig. 38; col. 26, lines 1-2; col. 31 line 22 — col. 32,
`
`line 67; OS of display 44; Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines
`
`7-58; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7).
`
`As perclaim 40, the modified Takahashi teaches the tangible computer readable
`
`medium of claim 39 and further teaches that the operating system comprises a graphic
`
`

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`Application/Control Number: 11/889,685
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`Page 13
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`windowsoperating system and the program comprisesa utility configured to display
`
`contents of the storage device (Takahashi: fig. 38; col. 26, lines 1-2; col. 30, lines 41-50;
`
`col. 31 line 22 —col. 32, line 67; OS of display 44 capable of displaying document data
`
`in a window; Gourdol: figs. 1-6b; col. 1, line 51 — col. 2, line 4; col. 6, lines 7-53; col. 4,
`
`lines 7-29; col. 4, line 59 —col. 5, line 7).
`
`Claim 41 is similar in scope to claim 25 and is therefore rejected undersimilar
`
`rationale.
`
`Claim 43 is similar in scope to claim 26 and is therefore rejected undersimilar
`
`rationale.
`
`Claims 49 and 50 in combination is similar in scope to claim 22 and are therefore
`
`rejected undersimilar rationale except for the feature of determining a security level
`
`comprises activating a client module in responseto a determination that at least one of
`
`the items is secured, which the modified Takahashi also teaches (Takahashi: fig. 38;
`
`col. 31 lines 22-46; output provided by Web IMS 16). The modified Takahashi does not
`
`explicitly disclose imagesthat include a default icon represents a corresponding non-
`
`secured item of a same file type as a respective secured item; however, such images
`
`are well knownin the art as taught by Gourdol (see figs. 1-6b in conjunction with col. 4,
`
`lines 7-29 and col. 4, line 59 —col. 5, line 7 of Gourdolet al., 6,031,532).
`
`Claims 53 and 54 in combination is similar in scope to claim 22 and are therefore
`
`rejected under similar rationale.
`
`Claim 57 is similar in scope to claim 1 and is therefore rejected undersimilar
`
`rationale.
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 14
`
`Claim 58 is similar in scope to claim 2 andis therefore rejected under similar
`
`rationale.
`
`Claim 59 is similar in scope to claim 3 andis therefore rejected undersimilar
`
`rationale.
`
`Claim 60 is similar in scope to claim 6 and is therefore rejected undersimilar
`
`rationale.
`
`Claim 61 is similar in scope to claim 8 and is therefore rejected undersimilar
`
`rationale.
`
`8.
`
`Claims 9-12, 16, 17, 20, 21, 27-30, 34, 35, 44-47, 51, 52, 55, 56, 62-65, 69 and
`
`70 are rejected under 35 U.S.C. 103(a) as being unpatentable over Takahashi etal.
`
`(“Takahashi’, US 6,424,429 B1) in view Gourdol etal. (“Gourdol”, US 6,031,532) and
`
`Small et al. “Small”, US 5898434 A), and further in view of Gough etal. ("Gough’”, US
`
`5,638,501).
`
`As per claim 9, the modified Takahashi teaches the methodof claim 1. The
`
`modified Takahashi does not explicitly disclose an icon that includes a visual object and
`
`a transparent background. Gough teachesanicon that includes a visual object anda
`
`clear/transparent background(fig. 4; col. 6, lines 50-56; claims 1, 9 and 14). In view of
`
`KSR, 127 S. Ct. 1727 at 1742, 82 USPG2d at 1397 (2007), it would have been obvious to an
`
`artisan at the time of the invention to incorporate Gough's teaching with the teaching of
`
`the modified Takahashi so that users can see more of a visual object and portions of a
`
`base image directly beneath the visual object given that one may obscure the other.
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 15
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`As per claim 10, the modified Takahashi teaches the methodof claim 9 and
`
`further teaches said superimposing an appropriate icon corresponding to the security
`
`level over the default icon comprises overlaying the visual object onto the default icon of
`
`the default icon such that at least a portion of the default icon is visible (Gourdol: figs. 1-
`
`6b; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7. Motivation to combine Gourdol is the
`
`sameas that mentioned for claim 9).
`
`As per claim 11, the modified Takahashi teaches the methodof claim 9 and
`
`further teaches said superimposing comprises generating a superimposedicon
`
`including the default icon with the visual object superimposed thereon such that at least
`
`a portion of the default icon is visible (Gourdol: figs. 1-6b; col. 4, lines 7-29; col. 4, line
`
`59 —col. 5, line 7. Motivation to combine Gourdol is the same as that mentioned for
`
`claim 9).
`
`As per claim 12, the modified Takahashi teaches the methodof claim 10 and
`
`further teaches the default icon is associated with an executable program (Gourdol: figs.
`
`1-6b; col. 4, lines 7-29; icons representing application program, document, stationary
`
`pad, query document, etc. Motivation to combine Gourdol is the same as that
`
`mentionedfor claim 9).
`
`As per claim 16, although the modified Takahashi teaches a methodfor
`
`graphically indicating secured items in a program for displaying contents in a selected
`
`place wherein the appropriate icon includes a visual object (Gourdol: figs. 1-6b; col. 1,
`
`line 51 —col. 2, line 4; col. 6, lines 7-53; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7.
`
`Motivation to combine Gourdol is the same asthat mentioned for claim 9), the modified
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 16
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`Takahashi doesnotexplicitly disclose an icon that includes a visual object and a
`
`transparent background. Gough teachesanicon that includes a visual object and a
`
`clear/transparent background(fig. 4; col. 6, lines 50-56; claims 1, 9 and 14). In view of
`
`KSR, 127 S. Ct. 1727 at 1742, 82 USPG2d at 1397 (2007), it would have been obvious to an
`
`artisan at the time of the invention to incorporate Gough’s teaching with the teaching of
`
`the modified Takahashi so that users can see more of a visual object and portions of a
`
`base image directly beneath the visual object given that one may obscure the other.
`
`As per claim 17, the modified Takahashi teaches a methodfor graphically
`
`indicating secured items in a program for displaying contents in a selected place
`
`wherein said superimposing the appropriate icon over the default icon comprises
`
`overlaying the visual object onto the default icon without obscuring the rest of the
`
`default icon (Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-53; col. 4,
`
`lines 7-29; col. 4, line 59 — col. 5, line 7; superimposing comprising key overlaid on a
`
`default icon without obscuring the rest of the default icon. Motivation to combine
`
`Gourdol is the same as that mentionedfor claim 9).
`
`As perclaims 20 and 55, although the modified Takahashi teaches an article of
`
`manufacture and tangible computer readable medium for graphically indicating secured
`
`item(s) in a program for displaying contents in a selected place wherein the appropriate
`
`icon includes a visual object (Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6,
`
`lines 7-53; col. 4, lines 7-29; col. 4, line 59 —col. 5, line 7. Motivation to combine
`
`Gourdol is the same as that mentioned for claim 9), the modified Takahashi does not
`
`explicitly disclose an icon that includes a visual object and a transparent background.
`
`

`

`Application/Control Number: 11/889,685
`Art Unit: 2174
`
`Page 17
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`Gough teachesan iconthat includes a visual object and a clear/transparent background
`
`(fig. 4; col. 6, lines 50-56; claims 1, 9 and 14). In view of KSR, 127 S. Ct. 1727 at 1742, 82
`
`USPG2d at 1397 (2007), it would have been obvious to an artisan at the time of the
`
`invention to incorporate Gough's teaching with the teaching of the modified Takahashi
`
`so that users can see more of a visual object and portions of a base image directly
`
`beneath the visual object given that one may obscure the other.
`
`As per claims 21 and 56, the modified Takahashi teachesan article of
`
`manufacture and tangible computer readable medium for graphically indicating secured
`
`item(s) in a program for displaying contents in a selected place wherein said
`
`superimposing an appropriate icon corresponding to the security level over the default
`
`icon comprises overlaying the visual object onto the default icon without obscuring the
`
`rest of the default icon (Gourdol: figs. 1-6b; col. 1, line 51 —col. 2, line 4; col. 6, lines 7-
`
`53; col. 4, lines 7-29; col. 4, line 59 — col. 5, line 7; superimposing comprising key
`
`overlaid on a default icon without obscuring the rest of the default icon. Motivation to
`
`combine Gourdol is the same as that mentioned for claim 9).
`
`As per claims 27 and 44, the modified Takahashi teaches the tangible computer
`
`readable medium and method of claims 22 and 36. The modified Takahashi does not
`
`explicitly disclose an icon that includes a visual object and a transparent background.
`
`Gough teachesan iconthat includes a visual object and a clear/transparent background
`
`(fig. 4; col. 6, lines 50-56; claims 1, 9 and 14). In view of KSR, 127 S. Ct. 1727 at 1742, 82
`
`USPG2d at 1397 (2007), it would have been obvious to an artisan at the time of the
`
`invention to incorporate Gough