Ex Parte SurfControl, Inc. et al - Page 14



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

           1    rule to the assembled discrete multi-packet transmission where the data flow                  
           2    is unhindered if the result of rule application indicates unrestricted access.                
           3    Thus, for claim 15 the controlling of access is also non-intrusive in case the                
           4    access is determined to be unrestricted.                                                      
           5          More importantly, the step of applying access rules of claim 1 is                       
           6    applied to an assembled multi-packet communication, rather than any data                      
           7    packet individually, and the function of access control of claim 15 is based                  
           8    on matching access rules to information gleaned from the assembled multi-                     
           9    packet communication and discrete transmission.                                               
          10          Similarly, independent claim 11 requires a monitoring and an                            
          11    acquiring step which together include receiving and assembling data packets                   
          12    to form an “assembled multi-packet communication” for each transmission,                      
          13    and applying access rules to information determined from the “assembled                       
          14    multi-packet communication,” specifically information relating to at least                    
          15    Layers 2, 3 and 7 of the ISO model.  Claim 11, unlike claims 1 and 15                         
          16    however, does not require its monitoring, acquiring, receiving, assembling,                   
          17    and applying steps to be non-intrusive.  Claim 12, which depends from claim                   
          18    11, recites that the monitoring and the acquiring steps, which together                       
          19    include the receiving and assembling steps, are executed non-intrusively.                     
          20    Claim 13 depends from claim 12 and claim 14 depends from claim 11.                            
          21          With respect to Abraham as anticipatory prior art, the Examiner has                     
          22    not established that it discloses the assembling feature required by claims 1,                
          23    11 and 15, and the subsequent application of access rules to the assembled                    
          24    multi-packet communication (claims 1 and 11) or the subsequent controlling                    


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