Ex Parte Stefan et al - Page 5




                  Appeal No. 2006-1589                                                                                                                     
                  Application No. 10/082,912                                                                                                               

                  device 102 is being used [¶0036].  Kiel discloses activity monitoring unit 116 includes data                                             
                  storage 118 that is used for storing credit data and billing rules associated with the client (i.e.,                                     
                  user) [¶0036].  We note that paragraph 0036, relied upon by the examiner, explicitly discloses                                           
                  that the original credit data record is transmitted through the infrastructure to the client’s                                           
                  handheld communication device 102, where the data record is stored in data storage 118                                                   
                  [answer, page 4, see also Kiel, ¶0036].  Kiel further discloses the transmission of credit data is                                       
                  performed automatically between the activity-monitoring server utility and the activity                                                  
                  monitoring unit, in a secure (i.e., typically encrypted) manner not controlled by the user [¶0027].                                      
                           As shown in Fig. 1, the transmission of data through the infrastructure  follows the path                                       
                  where the incoming data is received by modem 110 that is connected directly to activity                                                  
                  monitoring unit 116, which includes data storage 118.  We note that Fig. 1 shows a direct                                                
                  connection between activity monitoring unit 116 and CPU 114. This direct connection clearly                                              
                  provides a conduit for transmitting data encoding the prepaid (i.e., “purchased”) calling time, as                                       
                  transmitted from activity monitoring unit 116   (corresponding to the claimed “portable                                                  
                  networking device”) to CPU 114 of handheld client communication device 102 (i.e.,                                                        
                  corresponding to the claimed “onboard system”) [Kiel, Fig. 1]. We note that CPU 114 comprises                                            
                  a system located onboard handheld client communication device 102.                                                                       
                           We find that transmission of data encoding the purchased calling time necessarily occurs                                        
                  from activity monitoring unit 116 to CPU 114 because Kiel discloses that the user’s                                                      
                  communication activity may be terminated when the user’s prepaid credit line is exhausted                                                


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