Ex Parte SurfControl, Inc. et al - Page 17



                Appeal No. 2006-1084                                                                          
                Reexamination Control No. 90/006,334                                                          

           1          Stevens is relied on by the Examiner to show the details of                             
           2    conventional TCP/IP (Transmission Control Protocol/Internet protocol) and                     
           3    does not make up for the deficiencies of the Abraham as discussed above.                      
           4                           The Anticipation Rejection of                                          
           5                         Claims 1, 4, 9 and 15 over Cirasole                                      
           6                                                                                                  
           7    As in the case of the rejection of claims for anticipation over                               
           8    Abraham, with regard to the rejection of claims 1, 4, 9 and 15 as anticipated                 
           9    by Cirasole, the Examiner has failed to establish that Cirasole discloses (1)                 
          10    assembling of data packets to form a multi-packet communication to which                      
          11    is applied the access rules or to the acquired information content of which is                
          12    applied the access rules, and (2) the “non-intrusive” aspect of the receiving                 
          13    or intercepting, identifying, assembling, and applying or matching functions                  
          14    which have been claimed in independent claims 1 and 15.  The Examiner                         
          15    cites to Cirasole, col. 5, lines 20-23 as disclosing the applying of access                   
          16    rules, but nowhere explains how or why the access rules would be applied to                   
          17    an assembled multi-packet communication as is required by the rejected                        
          18    claims.  The portion cited does not reveal that any access rule is applied to                 
          19    an assembled multi-packet communication.  Rather, it appears that access                      
          20    rules are applied on a packet by packet basis.  Col. 5, lines 15-23 of Cirasole               
          21    are reproduced below:                                                                         
          22                 The ISP server 100 then monitors all data packets                                
          23          to determine which will be forwarded to users on this                                   
          24          table.  If a packet is being sent to such a user, the ISP                               
          25          server 100 screens the packet based on the specific                                     
          26          filtering scheme and filtering elements.  For certain                                   
          27          schemes or elements, multiple data packets may have to                                  


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