Ex Parte SurfControl, Inc. et al - Page 16



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

           1    assembled multi-packet communication (claims 11 and 15) to determine                          
           2    access.  As is indicated by the Patent Owner, the portions cited by the                       
           3    Examiner reflect an application of access rules to each individual data                       
           4    packet, not an assembled multi-packet communication or information                            
           5    content acquired from an assembled multi-packet communication.  In that                       
           6    connection, note Abraham, col. 46, lines 44-49:                                               
           7                 Once the IP packet has been filtered, and the                                    
           8          appropriate action for the IP packet taken by the filter                                
           9          engine 78, the logic returns to decision block 682 and                                  
          10          awaits interception of another IP packet.  Blocks 682                                   
          11          through 706 are then repeated for each IP packet                                        
          12          intercepted by the filter engine 78.                                                    
          13                                                                                                  
          14          Additionally, with respect to claims 1 and 15, the Examiner has not                     
          15    shown that Abraham discloses the non-intrusive features required by the                       
          16    claimed invention.  In that connection, the Examiner cites to Abraham in col.                 
          17    13, lines 20-23, which portion states:  “If the system administrator selects                  
          18    the Allow Network Protocols check box in the corporate default window                         
          19    102, IP packets communicated using a predefined list of network protocols                     
          20    are allowed to pass through the filter engine 78 unconditionally.”  That                      
          21    description is consistent with either non-intrusive monitoring, identifying                   
          22    and access control, or intrusive monitoring, identifying and access control.                  
          23    The fact that a data packet of a certain type is allowed to pass through the                  
          24    filter engine 78 unconditionally does not necessarily mean that reception of                  
          25    the data packet, identification of the same, and determination of that data                   
          26    packet as within a group authorized to pass through the filter                                
          27    unconditionally, all took place without disruption of data flow.                              

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