Ex Parte Grande et al - Page 2



             Appeal 2007-0789                                                                                  
             Application 09/810,063                                                                            

                   The invention is directed to a method and system “for providing network                     
             usage pricing based on a user’s service demands … [and] a means to track and                      
             record a user’s priority demand Internet service and bill the user accordingly.”                  
             (Specification 1:14-18). Servers provide different types of content from simple                   
             textual information to real-time audio and video. (Specification 2:22 – 3:1).                     
                          In order to accommodate user’s needs, a differentiated services                      
                   Internet is being developed to prioritize packets of information that need to               
                   be delivered to the user on a faster basis. Packets include a header portion                
                   that determines, among other things, the destination of the packet (i.e., a                 
                   server or client computer address). In a differentiated services Internet, the              
                   packets further include prioritization information detailing whether the                    
                   packet is a high or low priority packet. High priority packets, such as those               
                   containing real-time teleconferencing information, are handled differently                  
                   than lower priority packets. As the packets travel through the Internet from                
                   one computer to another, they pass through other computers including                        
                   specialized devices called routers. Routers and other points along the                      
                   Internet can be programmed to treat high priority packets differently in such               
                   a way that those packets travel through the Internet faster than their lower                
                   priority counterparts.                                                                      
             (Specification 3:6-23). The invention is to “provide users with a way to switch                   
             between high and normal prioritized usage of the Internet coupled with an effective               
             billing system to bill users for their high priority usage.” (Specification 4:28 - 5:1).          

                   The claims are rejected as follows:                                                         
                   • Claims 1-4, 6, 8-11, 13, 15-18, 21, 23, and 24 under 35 U.S.C. § 103(a)                   
                      as being unpatentable over Odlyzko (US 6,295,294 B1) in view of Saari                    
                      (US 6,338,046 B1).                                                                       

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