Ex Parte Kang

Board of Patent Appeals and Interferences

Oct 22, 2009

09912575 (B.P.A.I. Oct. 22, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
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BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
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Ex parte SUNG-HO KANG
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Appeal 2009-005972
Application 09/912,575
Technology Center 2400
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Decided: October 22, 2009
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Before KENNETH W. HAIRSTON, MARC S. HOFF
and THOMAS S. HAHN, Administrative Patent Judges.
HAIRSTON, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. §§ 6(b) and 134 from the final
rejection of claims 1, 4, 5, 7, 10 to 13, 16, 19, 21, and 22. We will reverse.
The disclosed invention relates to a network system, and to a method
of controlling that network. A dynamic host configuration protocol (DHCP)
server assigns a variable IP address to a network unit, and an agent server
stores the variable IP address of the network unit along with unique
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identification information pertaining to the network unit in a database. The
unique identification information includes at least one of an Ethernet address
and a search keyword for the variable IP address of the network unit. A
control unit in the agent server receives unique identification information of
a network unit from a network user, searches the database for the variable IP
address of the network unit based upon the unique identification information
received from the user, and enables the user to gain access to the selected
network unit in accordance with the search results from the database. (Figs.
1 to 5; Spec. 2, 4, 8 to 10; Abstract).
Claim 1 is representative of the claims on appeal, and it reads as
follows:
1. A network system, comprising:
at least one network unit having a variable Internet protocol (IP)
address and unique identification information;
a dynamic host configuration protocol (DHCP) server responsive to a
request from said at least one network unit for assigning said variable IP
address to said at least one network unit for a predetermined period of time;
and
an agent server including a communication unit for receiving said
unique identification information and said variable IP address from said at
least one network unit, for transferring said unique identification information
and said variable IP address, and for receiving from a user unique
identification information of a network unit selected by the user, a database
connected to said communication unit for receiving and storing said variable
IP address and said unique identification information transferred from said
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communication unit, and a control unit connected to said communication
unit and to said database for receiving from the user via said communication
unit said unique identification information of said network unit selected by
the user, for searching said database for said variable IP address of said at
least one network unit on the basis of the unique identification information
received from the user, and for enabling the user to gain access to said
selected network unit in accordance with results of the searching of said
database;
wherein said unique identification information includes at least one of
an Ethernet address of said at least one network unit and a search keyword
for said variable IP address of said at least one network unit.
The prior art relied upon by the Examiner in rejecting the claims on
appeal is:
Anderson US 6,567,122 B1 May 20, 2003
(filed Mar. 18, 1998)
Droms, RFC 2131-Dynamic Host Configuration Protocol, Mar. 1997, pp. 1
to 33.

DHCP (Dynamic Host Control Protocol), Lightening your load with DHCP,
Network World, Sept. 11, 2000.

What is DHCP?, Webopedia Computer Dictionary, Sept. 18, 2003.
The Examiner rejected claims 1, 4, 5, 7, 10 to 13, 16, 19, 21, and 22
under 35 U.S.C. § 103(a) based upon Anderson and Appellant’s Admitted
Prior Art (AAPA).
Anderson describes a method and system for controlling a network. A
camera 100 in the system dials up and connects to the Internet 750 via ISP
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710, and it is assigned a variable IP address (Fig. 7; col. 9, ll. 1 to 28).
Thereafter, Anderson explains that:
Camera 100 accesses ID server 760 via the
internet 750 and registers its identity and internet
address. ID server 760 maintains an internal
database of ‘on-line’ devices and their associated
internet addresses. User 720, or any other user
wishing to access the camera (e.g., the camera
owner’s friends or relatives) subsequently enters
the identity of camera 100 into his web browser
(e.g., camera 100’s URL). Using standard internet
protocols, ID server 760 is queried with the URL
of camera 100 and returns the camera 100’s
current internet address. The user 720’s web
browser then accesses camera 100 using the
current internet address returned from ID server
760.
(col. 9, lines 38 to 50).
Turning to the alleged admitted prior art, the Examiner states (Ans. 6)
that Appellant admits in paragraph 0006 in the Related Art section of the
Background of the Invention that “DHCP servers were well known in the art
at the time of the present invention,” and were known to assign a variable IP
address. Although the What is DHCP? publication noted supra equates a
DHCP variable IP address with a dial-up variable IP address by stating that
“[m]any ISPs use dynamic IP addressing for dial-up users,” we agree with
Appellant’s argument that this publication can not be used in the rejection of
record because the September 18, 2003 publication date is after the July 26,
2001 filing date of the subject application. Notwithstanding the lack of a
prior publication date for the What is DHCP? publication, we agree with the
Examiner (Ans. 8) that the DHCP (Dynamic Host Control Protocol)
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publication teaches time-limited dynamic allocation of IP addresses, and that
the Droms publication teaches time-limited dynamic allocation of reusable
IP addresses by DHCP (Abstract; p. 3). In summary, it was known prior to
Appellant’s filing date that a variable IP address is assigned by DHCP.
The Examiner acknowledges (Final Rej. 7) that Anderson does not
expressly disclose a DHCP server, but nevertheless concludes (Final Rej. 8)
that it would have been obvious to the skilled artisan to use a DHCP server
in Anderson to assign a variable IP address at a lower cost than a fixed IP
address.
Appellant argues (App. Br. 14 to 18) that it would not have been
obvious to the skilled artisan to provide DHCP to the dial-up service offered
by Anderson. Appellant additionally argues (App. Br. 22; Reply Br. 4) that
Anderson does not disclose an agent server that has a control unit that
operates to enable the user to gain access to/connect to the selected network
unit.
Even if we assume for the sake of argument that it would have been
obvious to the skilled artisan to use DHCP, as opposed to dial-up service, to
provide the variable IP address used by Anderson, we must agree with
Appellant’s argument that the control unit implied by the Examiner in the ID
server 760 (Ans. 13) does not operate to enable the user to gain access
to/connect to the selected network unit. As indicated supra, the variable IP
address of the camera that was found by the ID server 760 is sent to the user,
and the user can then use that IP address to access the camera. In summary,
Anderson requires the user 720 to use the variable IP address to gain access
to the selected network unit (i.e., the camera), whereas the claims on appeal
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require the control unit in the server to use the variable IP address to gain
access to the selected network unit.
Thus, the obviousness rejection of claims 1, 4, 5, 7, 10 to 13, 16, 19,
21, and 22 is reversed because the Examiner’s articulated reasons for
modifying the teachings of the reference to Anderson do not support a legal
conclusion of obviousness. KSR Int’l v. Teleflex, Inc., 550 U.S. 398, 418
(2007).
The decision of the Examiner is reversed.

REVERSED

KIS

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