Ex Parte Faruqi et alDownload PDFPatent Trial and Appeal BoardApr 29, 201310860408 (P.T.A.B. Apr. 29, 2013) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE PATENT TRIAL AND APPEAL BOARD ____________ Ex parte AZIZA FARUQI, JAYASHREE RAMANATHAN, NEIL READSHAW, and BRUCE RICH Appeal 2010-011372 Application 10/860,408 Technology Center 2400 ____________ Before JOSEPH L. DIXON, JAMES R. HUGHES, and GREGORY J. GONSALVES, Administrative Patent Judges. HUGHES, Administrative Patent Judge. DECISION ON APPEAL STATEMENT OF THE CASE This is an appeal under 35 U.S.C. § 134(a) from the Examiner’s final rejection of claims 1, 2, 9, 10, 17, and 18. The Examiner indicates claims 4- 8, 12-16, and 20-24 recite patentable subject matter and would be allowable if rewritten in independent form. Claims 3, 11, and 19 were cancelled. (Br. 2; Ans. 2, 7.) We have jurisdiction under 35 U.S.C. § 6(b). We reverse. Appeal 2010-011372 Application 10/860,408 2 Appellants’ Invention Appellants’ invention relates to the field of data processing, or, more specifically, methods, systems, and products for authentication with credentials in a JavaTM messaging service. (Spec., ¶ l. 15-16.)1 Representative Claim Independent claim 1, reproduced below with the key disputed limitations emphasized, further illustrates the invention: 1. A method for authentication with credentials in a Java messaging service ("JMS"), the method comprising: providing pre-authenticated credentials for a Java security domain for a user application the pre-authenticated credentials comprising authentication credentials that are already authenticated when obtained by the user application and that are subsequently used again in JMS authentication; caching the pre-authenticated credentials in a middleware security application; and creating a JMS connection for the user application, including accepting the pre-authenticated credentials in a JMS connection function and authenticating the user application for the JMS in dependence upon the pre-authenticated credentials. Rejection on Appeal The Examiner rejects claims 1, 2, 9, 10, 17, and 18 under 35 U.S.C. § 103(a) as being unpatentable over Gazzetta (U.S. Patent No. 7, 240,214 B2, issued Jul. 3, 2007 (filed Aug. 8, 2003)), Kang (U.S. Patent No. 6,954,792 B2, issued Oct. 11, 2005 (filed Jun. 29, 2001)), Tran (U.S. Patent 1 We refer to Appellants’ Specification (“Spec.”) and Appeal Brief (“Br.”) filed Feb. 24, 2010. We also refer to the Examiner’s Answer (“Ans.”) mailed May 4, 2010. Appeal 2010-011372 Application 10/860,408 3 No. 5,864,665, issued Jan. 26, 1999), and Olson (U.S. Patent No. 7,322,040 B1, issued Jan. 22, 2008 (filed Mar. 27, 2001)). ISSUE Based upon our review of the administrative record, Appellants’ contentions, and the Examiner’s findings and conclusions, we have determined that the following issue is dispositive in this appeal: Under § 103, did the Examiner err in finding that the combination of Gazzetta, Kang, Tran, and Olson would have taught or suggested “pre- authentication credentials,” within the meaning of independent claim 1 (emphasis added) and the commensurate limitations recited in independent claims 9 and 17? ANALYSIS Appellants contend, inter alia, “Tran’s ‘pre-authentication data’ is data established previous to authentication, not previously authenticated credentials already authenticated when obtained by a user application and subsequently used again in JMS authentication.” (Br. 17.) We agree for essentially the same reasons argued by Appellants. The Examiner contends: where Tran discloses ‘pre-authentication data’; and for example, col. 2, lines 17-19: “It is yet another object of the invention to use [‘]pre-authentication[’] data submitted during a user login protocol to track login activity to a security service". (Ans. 5 (emphasis omitted).) In response to Appellants’ argument, Examiner notes that: Appeal 2010-011372 Application 10/860,408 4 • (a) for an ordinary person skilled in the art, the term “pre- authenticated credential” is “a credential that is used more than once”; and, • (b) The combination of prior arts of record discloses “pre- authenticated credentials”, because Gazzetta discloses user login and password as credentials used more than once [see for example, col.5, line 27 to col. 6, line 57]. In addition, Tran explicitly discloses “pre-authenticated data” submitted during user login [see for example, col. 2, lines 17-19]. Thus, examiner notes that, Gazzetta combined with Tran disclose “pre- authenticated credentials and providing pre-authenticated credentials.” (Ans. 8 (emphasis omitted).) We note that the Court of Appeals for the Federal Circuit has stated: “[w]hen the applicant states the meaning that the claim terms are intended to have, the claims are examined with that meaning, in order to achieve a complete exploration of the applicant’s invention and its relation to the prior art.” In re Zletz, 893 F.2d 319, 321 (Fed. Cir. 1989). As noted above, Appellants’ claims define “pre-authenticated credentials” as “comprising authentication credentials that are already authenticated when obtained by the user application and that are subsequently used again in JMS authentication.” (Claim 1 (emphasis added).) We agree with Appellants that Gazzetta and Tran teach authentication credentials or data that are available prior to (“pre”) authentication, and therefore, have not been already authenticated by a user application, as required by the claim language. Independent claims 9 and 17 recited commensurate limitations. Based on this record, we conclude that the Examiner erred in finding that the cited combination of references would have taught or suggested “pre-authenticated credentials,” as claimed. Accordingly, we reverse the Appeal 2010-011372 Application 10/860,408 5 Examiner’s rejection of independent claims 1, 9, and 17 and the associated dependent claims. CONCLUSION OF LAW Appellants have shown that the Examiner erred in rejecting claims 1, 2, 9, 10, 17, and 18 under 35 U.S.C. § 103(a). DECISION We reverse the Examiner’s rejection of claims 1, 2, 9, 10, 17, and 18 under 35 U.S.C. § 103(a). REVERSED tkl Copy with citationCopy as parenthetical citation