Invalidity dossier

US 5864666

Web-based administration of IP tunneling on internet firewalls

Current assignee: Trend Micro Inc

Added 9/24/2026, 7:13:51 AM

At a glanceNo PTAB challengesNo litigation on fileSoftware Technology & Computing Systems (T)

Active provider: DeepSeek · deepseek-flash

Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

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I'll search for authoritative information on this patent number.

Let me check specifically for litigation and appellate activity.

Let me try to retrieve the actual claim text for the independent claims.

US Patent 5,864,666 — Summary

Bottom line up front: I retrieved solid bibliographic and specification data, but I have not verified the literal claim text of US 5,864,666 from an authoritative source, and I found no CAFC 2026 docket activity. Details and caveats below.


1. Bibliographic data (high confidence)

Field Value
Patent number US 5,864,666 (grant publication US5864666A)
Title Web-based administration of IP tunneling on internet firewalls
Application no. US 08/773,542
Filing date December 23, 1996 (also the priority date)
Issue/grant date January 26, 1999
Inventor Theodore Jack London Shrader, Cedar Park, TX
Original assignee International Business Machines Corporation (IBM)
Current assignee Trend Micro Incorporated (assignment recorded 2010‑05‑17)
Legal status Expired – Lifetime; anticipated expiration 2016‑12‑23
Related application Copending, commonly assigned "Web-Based Administration of IP Filtering on Internet Firewalls," T. Shrader, Ser. No. 08/773,543, filed Dec. 23, 1996 (incorporated by reference)

Foreign family: TW086111232A → TW346602B; SG1997004213A → SG 66415 A1 (1999‑07‑20); KR1019970065337A → KR 271143 B1 (2000‑11‑01); JP33409397A → JP 3730771 B2 / JP 10200530 A (1998‑07‑31); CNB971254265A → CN1173532C.

Classifications (per Google Patents): H04L41/28, H04L41/22, H04L41/34, H04L63/02, H04L63/0209, H04L63/0218.

(Source: https://patents.google.com/patent/US5864666/en ; corroborated by idiyas.com/patent/badge/5864666 and the USPTO/EPO family listing in WO 2005/006705's ISR.)


2. Abstract (verbatim)

"Administering tunneling on a firewall computer between a secure computer network and a nonsecure computer network in a web based interface is disclosed. Tunnels are displayed in graphical depictions as lines connecting icons representing network addresses. User selection of a line, will bring up a selected tunnel definition represented by the first line is displayed in another pane in the interface or a list of filter rules applicable to the tunnel. At this point, an action on the selected tunnel definition may be performed responsive to user input. Queries can be run on a tunnel definition to determine whether any existing tunnel definitions match the entered tunnel definition, or whether there are any filter rules in effect for a given tunnel definition. The results of the query are displayed in a scatter bar in another pane in the user interface, wherein locations of matches are indicated by lines through the scatter bar. A small bar is displayed proximate to the scatter bar, the small bar indicating the position of the displayed list relative to a complete list represented by the scatter bar."


3. Plain-language overview

The patent is about a browser-based (HTML/Java applet) administrative console for managing IP tunnels on an Internet firewall, replacing the command-line/SMIT interfaces of the prior art. The interface is split into fixed panes/frames — navigation pane, display pane, display action pane, meter pane, list pane, list action pane, and a scrolling "ticker tape" pane — with each pane carrying a consistent meaning across pages, so the administrator always knows where to look. Four principal pages are described: the IP Tunnel Definition Page, IP Tunnel Graph Page, IP Tunnel Query Page, and IP Tunnel/Filter Query Page. Notable features include drawing tunnels as labelled lines between source/destination firewall boxes, mapping ping/traceroute/finger output into the meter pane, a "scatter bar" that visually plots where query matches fall within the full tunnel list, and a small positional bar showing where the currently-displayed list window sits within the whole.

4. Independent claims — ⚠️ unverified, and reported with an express caveat

I could not confirm the literal wording or the exact number of independent claims of US 5,864,666. The full text supplied to me from Google Patents is truncated in the "Description" section (it cuts off at "Next, the sys…") and does not include a claims section. My searches did not surface the claim set for this specific patent, and I deliberately did not substitute claim text from similarly-numbered documents — see the warning below.

What I can say authoritatively is that the Summary of the Invention describes three distinct embodiments, which conventionally correspond to the independent claims:

  1. Graph-view / select-a-line embodiment. A graphical depiction of tunnels is presented as lines connecting icons representing network addresses in the secure and nonsecure networks. Responsive to user selection of a line, the tunnel definition represented by that line is displayed in another pane. An action (e.g., edit, activate/deactivate, delete, load/save) can then be performed on the selected tunnel definition from user input. The graph can be toggled to show all, active only, or inactive only tunnels.

  2. Query-with-scatter-bar embodiment. A pane accepts an entered tunnel definition as a query. A query is run against existing tunnel definitions to find matches. Results are shown in a scatter bar in another pane, with matched tunnel definitions marked (e.g., by color/lines) within a bar representing the complete tunnel list. A small bar proximate to the scatter bar acts as a positional cue showing where the currently displayed list of tunnel definitions sits relative to the complete list. An action may then be performed on a selected tunnel definition.

  3. Tunnel/filter cross-query embodiment. The graphical tunnel depiction is shown again; responsive to selection of a line, a list of filter rules applicable to the selected tunnel is displayed. A scatter bar in another pane indicates the locations of matching filter rules within the overall filter-rule list. An action may then be performed on a selected filter rule (e.g., edit it via the referenced IP Filter Definition Page).

Important accuracy warning: Several search hits containing claim-like text ("A method of establishing a connection between a first computer… through an intermediate system… gateway… temporary IP number") and "means for installing a plurality of application programs at the server" belong to different documents — e.g., US 2001/0006523 A1 / an EP intermediate-system-and-gateway application, and a different '466 patent relating to an on-demand application server. Those are not US 5,864,666 and must not be attributed to it. I flag this because a naive search mixes them in.


5. Litigation / CAFC 2026 docket check

  • No CAFC 2026 docket entries, appeals, or IPR/PGR proceedings for US 5,864,666 were found. Searches for the patent number in combination with CAFC 2026 dockets returned nothing on point.
  • This is consistent with the record: the patent's anticipated expiration was 2016‑12‑23, and it is listed as Expired – Lifetime, with rights reassigned to Trend Micro Incorporated in 2010. An expired patent cannot support a live infringement suit, so current appellate activity would be surprising.
  • The only enforcement-adjacent context surfaced was a general (Chinese-language) report that Trend Micro joined the LOT Network to combat PAEs — not litigation over this patent.
  • Confidence: I am reasonably confident there is no 2026 CAFC docket for this number, but I cannot rule out a non-precedential, sealed, or very recent filing; treat the negative result as "not found," not as certified absence. Practically, I also cannot query Docket Alarm / PACER directly here, only general web search.

6. Points of uncertainty (stated explicitly)

  1. Claim text not verified for US 5,864,666. The independent-claim overview above is derived from the Summary of the Invention, not from the granted claims. Do not rely on it as a quotation of claim scope.
  2. Exact number of independent claims, their statutory category (method vs. apparatus/system), and any means-plus-function language is unknown to me from authoritative sources.
  3. The "list action pane" button set (e.g., load/save/distribute/shutdown/validate-between-firewalls) is described in the specification, but which of these are actually required by the claims is unverified.
  4. Note a drafting quirk in the specification's bulleted list of capabilities: "Distribute stored IP tunnel definitions" appears twice, and the Summary text contains the phrase "a the memorization of many commands" — reproduced here literally rather than corrected.

Generated 9/30/2026, 10:41:03 PM

Cases on file (0)

Specific litigation cases in our database that name US patent 5864666. The free-form analysis below may also discuss cases beyond this list.

No cases on file mention this patent. Upload a CSV or add a case manually in Admin → Manage litigation cases.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll search for litigation involving US patent 5864666.

Let me search more targeted litigation sources.

Let me check specific litigation databases and search more narrowly.

Litigation Search Results for U.S. Patent No. 5,864,666

Bottom line: I found no litigation specifically involving U.S. Patent No. 5,864,666 in the sources I was able to search.

What I searched

I ran multiple targeted queries (Google-indexed results) aimed at litigation databases and dockets, including terms combining the literal patent number "5864666" / "5,864,666" with litigation, infringement, "Trend Micro," and case/complaint terms. I did not obtain a working result set from Unified Patents' case list. I was unable to confirm or retrieve the Unified Patents litigation entry for this patent, and I do not have a verified PACER or CAFC hit for it.

Important caveat on the results

The searches returned a large number of false positives for different patents that merely share the trailing digits "666" or "866." For example:

  • Rovi's '666 patent (program guide / interactive television) — a different patent.
  • Luminati Networks' '866 patent (content partitioning/tunneling, e.g., Luminati Networks v. BIScience, E.D. Tex. 2:18-cv-00483) — a different patent.
  • Apple IPR exhibits and various "tunnel/VPN" materials referencing other numbers.

Per your strict instruction, I am not treating any of these as litigation over U.S. 5,864,666; none of them cite the literal number 5,864,666 as the patent-in-suit.

Verified facts about the patent itself (not litigation)

From the authoritative patent record:

  • Patent: U.S. 5,864,666 — "Web-based administration of IP tunneling on internet firewalls"
  • Inventor: Theodore Jack London Shrader
  • Original assignee: International Business Machines Corp.
  • Application: 08/773,542, filed Dec. 23, 1996; granted Jan. 26, 1999
  • Reassignment: Assigned to Trend Micro Incorporated on May 17, 2010
  • Legal status: Expired – Lifetime; anticipated expiration Dec. 23, 2016
  • Related: Copending, commonly assigned application "Web-Based Administration of IP Filtering on Internet Firewalls" (T. Shrader, Serial No. 08/773,543, filed Dec. 23, 1996), incorporated by reference.

What I could NOT verify

  • No district court case, ITC proceeding, PTAB/IPR, CAFC appeal, or ex parte reexamination citing U.S. 5,864,666 as the asserted/challenged patent was located in my searches.
  • I could not confirm the absence with certainty, because I could not successfully query the Unified Patents litigation database directly or run a complete PACER/CAFC docket check within my available searches.

Recommendation

For a definitive answer, this needs a direct docket query:

  1. Unified Patents Portal – https://portal.unifiedpatents.com/litigation/caselist (search patent number 5864666)
  2. PACER / CourtListener RECAP – full-text docket search on "5,864,666"
  3. USPTO Patent Center / PTAB – for any IPR/PGR/reexam
  4. CAFC docket search

Based on the evidence I could gather, no litigation involving U.S. 5,864,666 is known to me — but I flag this as "not found," not as a confirmed negative, given I could not fully query the primary litigation databases.

Generated 9/30/2026, 10:40:54 PM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll verify the proceedings list against public sources before writing anything.

Let me chase that Intellectual Ventures / "IBM '666 patent" lead — it may or may not be this patent.

AIA Trial Proceedings — US Patent 5,864,666

Patent: Web-based administration of IP tunneling on internet firewalls
Inventor: Theodore Jack London Shrader (IBM) | Current assignee: Trend Micro Incorporated (recorded 2010-05-17)
Filed: 1996-12-23 | Issued: 1999-01-26 | Anticipated expiration: 2016-12-23 (status: Expired – Lifetime)


Proceedings overview

Zero AIA trial proceedings — the USPTO Open Data Portal returns no IPR, PGR, or CBM involving US 5,864,666 (0 active, 0 claims invalidated, 0 claims sustained, 0 settled, 0 institution denials), so no claim of this patent has been tested at the PTAB and, critically, the patent expired on 2016-12-23 — meaning the § 286 six-year damages lookback has run out entirely and a demand letter citing this patent today has essentially no recoverable monetary theory behind it, regardless of validity.

Verification trail (and false positives to avoid). The structured ODP block is the canonical list and shows no proceedings. I independently searched PTAB/PTACTS public filings, Federal Circuit docket reporting, and CourtListener for the number and for the cross-referenced sibling application. Two same-number-adjacent hits surfaced, and neither is this patent:

  • The frequently-cited "'666 Patent" in Intellectual Ventures II LLC v. Commerce Bancshares, Inc., No. 2:13-cv-04160 (W.D. Mo.) and Intellectual Ventures II LLC v. SunTrust Banks, Inc., No. 1:13-cv-02454 (N.D. Ga.) is U.S. Patent No. 7,634,666 — a crypto-engine/coprocessor patent asserted against IBM System z10 mainframes. IBM's IPR petitions and the PTAB institution decision cited in those stay motions (IPR2014-00180 among them) concern 7,634,666, not 5,864,666. Do not let a defendant or a vendor's patent-monetization database conflate these two numbers.
  • A 2018-vintage petition opposition referencing "Claims 5, 7, 8, 9, 11, and 12 of the '466 Patent" concerns a mechanical clasping mechanism — facially inconsistent with the IP-tunneling/GUI subject matter of 5,864,666, so it is a different patent sharing the trailing "466."

Proceedings

No proceedings to report. There is no proceeding number, petitioner, panel, institution decision, final written decision, settlement, or appeal to itemize for this patent. I am not going to manufacture one, and I would treat any assertedly "known" IPR number on 5,864,666 with suspicion until it is pulled from PTAB E2E.

Cross-checks run and coming up clean (as of 2026-09-30):

Check Result
IPR against 5,864,666 None found
PGR against 5,864,666 None found
CBM against 5,864,666 None found (and jurisdictionally unavailable in any event — see below)
Federal Circuit appeal of any 5,864,666 PTAB decision None found
Litigation asserting 5,864,666 None found (assignment to Trend Micro in 2010 does not appear to have produced an assertion campaign)
Post-grant on sibling application 08/773,543 ("Web-Based Administration of IP Filtering on Internet Firewalls") Not verified in this review

Two structural points worth recording, because they explain the absence:

  1. CBM was never a fit. The claims are directed to a network-security administration interface — a "technological invention" for CBM purposes, not a "covered business method." CBM also sunset for new petitions in 2020, so that lane is closed permanently.
  2. The patent is pre-AIA. Priority 1996-12-23 means pre-AIA §§ 102/103 govern, and any § 102(b) art must predate 1995-12-23.

Strategic summary

Claim status: entirely UNTESTED. No claim of 5,864,666 has been canceled, confirmed, or even construed by the PTAB. There is no surviving-claim list to hand a defendant because there has never been a validity adjudication in an AIA trial. If a demand letter maps your product onto specific claims, you are not walking into an established estoppel or cancellation posture — you are starting from a blank sheet, which cuts both ways (no free win, but also no hardened patent).

Estoppel landscape: wide open. Because no petitioner has ever challenged this patent, no one is subject to § 315(e)(2) estoppel on it. Any defendant has the full pre-AIA prior-art field available: § 102(a)/(b)/(e)/(g) art and § 103 combinations. Note the asymmetry, though — IPR is limited by statute to §§ 102 and 103. The most likely attacks on this patent are the ones the PTAB cannot hear: § 101 (a web GUI for displaying tunnel graphs, scatter bars, and query results is a ripe Alice/Berkheimer target) and § 112 (the specification's panes, "scatter bar," and "small bar" positional cue are largely functional UI descriptions). Those must be litigated in district court under § 282, not petitioned in an IPR.

The real defense is the calendar, not the merits. The patent expired 2016-12-23 and no term extension or reissue appears on the record. Under 35 U.S.C. § 286, damages reach back only six years from complaint filing. A complaint filed on or after 2022-12-23 — including one filed today — cannot reach a single day of the patent's enforceable term. That is a Rule 12(b)(6)/summary-judgment-level defect in the damages case, independent of any invalidity argument, and it is far cheaper than a PTAB campaign.

Pattern signals: none. No repeat petitioner (there are no petitioners at all). No patent-owner appeal activity on this patent. No defensive aggregator (Unified Patents, RPX, etc.) has ever touched it. The 2010 IBM→Trend Micro assignment is the only recorded post-issuance event of note. This is a textbook instance of the maxim that well-asserted patents attract IPRs — 5,864,666 has attracted none because, on the public record, it was never asserted.


Recommended next steps

  1. Do not budget for an IPR. There is no PTAB activity on file, and a petition would be an odd spend against an expired patent whose damages window has closed. Confirm the current expiration and assignment status in Patent Center before relying on it, and confirm no terminal disclaimer, reissue, or § 154(b) extension altered the expiration date.
  2. Lead with § 286 and expiration. Establish the complaint-filing date, subtract six years, and show the resulting window post-dates 2016-12-23. That disposes of the monetary claim without reaching validity.
  3. Reserve § 101 and § 112 for court. If the patent is nonetheless asserted, these are the grounds with the best traction and they are outside IPR jurisdiction, so there is no estoppel or PTAB-adverse-construction downside to preserving them.
  4. If you do need prior art, target pre-1996 references. Pre-AIA § 102(b) statutory bars must predate 1995-12-23. The patent itself concedes that IP tunneling, firewalls, proxies, and SOCKS were "known to the art" and points to IETF VPN work — an obviousness story built on published IETF/WWW-interface art of that vintage is plausible, but only worth developing if a damages theory somehow survives step 2.
  5. Disambiguate early. If opposing counsel or a licensing entity's claim chart is captioned with a "’666 patent," demand the full number in writing. The 7,634,666 crypto-engine IPR history (IPR2014-00180 and the associated IV bank campaign, in which every asserted claim was invalidated) is frequently mis-cited as belonging to this patent, and it is not.

Sources checked: USPTO Open Data Portal (structured proceeding block, authoritative); USPTO PTAB E2E / PTACTS — https://ptacts.uspto.gov/ptacts/ ; Google Patents bibliographic record — https://patents.google.com/patent/US5864666/en ; CourtListener docket search for the patent number — https://www.courtlistener.com/ ; Intellectual Ventures II LLC v. Commerce Bancshares, Inc., No. 2:13-cv-04160-NKL (W.D. Mo.), order on fees and costs (confirming the '666 Patent at issue there is 7,634,666); Intellectual Ventures II LLC v. SunTrust Banks, Inc., No. 1:13-cv-02454-WSD (N.D. Ga. Oct. 7, 2014) stay order.

Confidence statement: High confidence that no AIA trial proceeding on US 5,864,666 exists as of 2026-09-30, based on the structured ODP block plus independent verification. I did not run a dedicated ex parte reexamination history check (outside the AIA-trial scope of this task) and did not verify the sibling application 08/773,543's post-grant history; both are worth a five-minute Patent Center lookup before filing anything that depends on them.

Generated 9/30/2026, 10:41:14 PM

Ownership chain (2)

Asserters network →

Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.

  1. 1996-12-23 · recorded 1996-12-25 · Assignment

    Theodore Jack London ShraderInternational Business Machines Corporation

  2. ? · recorded 2010-05-17 · Assignment

    International Business Machines CorporationTrend Micro Incorporated

    acquisition

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record for this patent. Let me run targeted searches.

Assignment & Ownership Reconstruction — US 5,864,666

Access note (read first): I was unable to complete a live, authenticated query against the USPTO Assignment Center (https://assignmentcenter.uspto.gov/) or its legacy mirror (https://assignment.uspto.gov/patent/index.html) — the API/search endpoints did not return usable records within my available queries. The assignment chain below is reconstructed from the Google Patents legal-events record for US5864666 (https://patents.google.com/patent/US5864666/en), which mirrors the two reassignment events on file. I could not retrieve reel/frame numbers or the correspondent of record for either event, and I am not going to fabricate them. Every place a reel/frame or correspondent would go is marked "not retrieved." Treat this as a partial record pending a direct Assignment Center pull.


Inventors

Inventor Employer at filing Basis
Theodore Jack London Shrader (sole named inventor) International Business Machines Corporation (IBM) The application was filed 1996-12-23 and an assignment to IBM was recorded 1996-12-25 (Google Patents legal events); IBM is the original assignee on the face of the patent.
  • Single-inventor filing — normal for IBM's firewall/network-security group in this era, not itself a signal.
  • The same inventor filed a copending, commonly assigned application Serial No. 08/773,543 ("Web-Based Administration of IP Filtering on Internet Firewalls") the same day (1996-12-23), which the specification incorporates by reference. This is consistent with Shrader being a member of IBM's SecureWay Firewall development team rather than an individual outside filer.
  • Unusual-pattern check: I could not obtain employment-termination or personnel records, so the "all inventors departed the assignee within 12 months of filing" pattern is unclear, not present. There is no evidence of an early departure, and the same-day sibling filing cuts against the "abandoned by the inventor" narrative. Do not read anything into this either way.

Original assignee

  • Entity named on the issued patent: International Business Machines Corporation, Armonk, New York. Patent granted 1999-01-26 (US 5,864,666).
  • Primary line of business: Diversified computing — hardware, software, and services; in 1996–99 it was the vendor of the IBM SecureWay Firewall / SecureWay Boundary Server line.
  • Did they ship a product embodying the claims? Yes, credibly. The specification itself names the commercial product ("An Internet firewall product such as IBM's Secure Way Firewall (SWF)"), and IBM's SecureWay Firewall / Boundary Server documentation from the period describes the browser-based configuration client and IP tunneling features that the claims cover. This is a product-embodying patent at the original assignee, not a paper asset at issuance.
  • Current status: Operating. IBM remains an active, publicly traded company (NYSE: IBM). It is no longer the owner of this patent — see timeline.
  • Current assignee of record (per Google Patents): Trend Micro Incorporated (assigned 2010-05-17).

Assignment timeline

Two recorded conveyances are visible in the legal-events record. Both are typed as "ASSIGNMENT OF ASSIGNORS INTEREST (SEE DOCUMENT FOR DETAILS)" — i.e., ordinary assignment, not security agreements, mergers, name changes, or releases.

1) Inventor → IBM

  • Executed ~1996-12-23 / recorded 1996-12-25 — Reel not retrieved / Frame not retrieved
    • Conveyance: Assignment
    • Assignor: Theodore J. L. Shrader (inventor)
    • Assignee: International Business Machines Corporation
    • Correspondent: not retrieved. (IBM historically self-recorded employee assignments through its in-house IP Law department; I have not verified that here and am not asserting it as the recorded correspondent.)
    • Context: Standard employer-capture assignment executed essentially simultaneously with filing — an ordinary inventor-to-employer transfer, not a fire-sale or asset move.
    • Date caveat: Google Patents shows 1996-12-25 (two days after the 1996-12-23 filing date, and a U.S. federal holiday). That field can reflect either execution or recordation. The precise executed-vs-recorded date must be confirmed against the face of the recorded document.

2) IBM → Trend Micro

  • Executed date not shown / recorded 2010-05-17 — Reel not retrieved / Frame not retrieved
    • Conveyance: Assignment
    • Assignor: International Business Machines Corporation
    • Assignee: Trend Micro Incorporated
    • Correspondent: not retrieved. Because I could not pull the reel/frame, I cannot test the "repeat correspondent" signal — this is the single biggest gap in the analysis.
    • Context: Transfer from one operating vendor to another operating vendor (IBM → cybersecurity vendor Trend Micro). On its face this looks like a bulk portfolio transfer of security-related patents, but I could not verify deal scope or terms, so I flag it as consistent with a portfolio sale rather than confirmed as one.

If the Assignment Center has no further records beyond these two: that is the finding — the chain is inventor → IBM → Trend Micro, with Trend Micro as current owner. I could not verify whether additional records (e.g., a security interest, license, or later conveyance) exist beyond the two events surfaced by Google Patents, so a residual risk of an unrecorded/undiscovered further link cannot be excluded. Direct reel/frame verification is required to close it.

Foreign-family footnote (not part of the US chain of title): the patent has TW, SG, KR, JP and CN family members claiming the 1996-12-23 priority (TW346602; SG66415; KR100271143B1; JP3730771B2; CN1173532C). These are separate national rights and do not affect US ownership.


Timeline diagram

timeline
    title Ownership of US 5864666
    1996 : Shrader assigns to IBM
         : Application 08773542 filed
    1999 : Patent granted to IBM
    2010 : IBM assigns to Trend Micro
    2016 : Patent expires

NPE / troll-pattern signals

# Signal Call Evidence
1 Shell-entity transfer Not present Both recorded assignees are large operating corporations — IBM (1996-12-25 event) and Trend Micro (2010-05-17 event). No "IP / Licensing / Holdings / Ventures" LLC, no registered-agent address, no single-member Delaware/Texas entity appears in the chain.
2 Known asserter in the chain Not present Neither IBM nor Trend Micro matches the named NPE lists (Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, Document Generation Corp, Spangenberg entities). I could not independently confirm against the Unified Patents / RPX asserter directories; the prior litigation section also found no suit naming this patent.
3 Repeat correspondent across the chain Unclear — data gap Correspondent of record not retrieved for either event (both reels/frames unknown). Recurrence cannot be tested. Not a finding in either direction.
4 Cascading transfers Not present Two conveyances spanning ~13.5 years (1996-12-25 and 2010-05-17), both between operating corporations. No chain of LLCs, no <24-month clustering, no shared principal/correspondent address visible.
5 Pre-litigation transfer Not present / n/a No infringement action naming US 5,864,666 was located (consistent with the prior section's negative result). The 2010-05-17 transfer is not temporally tied to any suit on this patent — it predates the patent's 2016-12-23 expiry by ~6.5 years and no assertion followed on the record available to me.
6 Bankruptcy fire-sale Not present No evidence IBM or Trend Micro entered Chapter 7/11, and the recorded 2010-05-17 conveyance is labeled an ordinary assignment, not a proceeding-driven sale. IBM's periodic patent dispositions are known large-scale portfolio sales, but I found nothing showing this transfer was distressed.
7 Privateering Unclear / not present No evidence surfaced that Trend Micro asserts this patent on IBM's behalf or that the transfer was made to enable assertion against IBM competitors. The IBM → Trend Micro event on 2010-05-17 is consistent with an outright sale, but deal terms and any SEC disclosure were not verified — treat as unresolved rather than negative.
8 Defensive aggregator (anti-NPE) Not present The chain does not terminate at RPX, AST, LOT Network, Unified Patents, or OIN. It terminates at an operating, product-selling company (Trend Micro).

Verdict

Defensive / non-asserting.

Justification. The entire recorded chain is inventor Shrader → IBM (recorded 1996-12-25) → Trend Micro Incorporated (recorded 2010-05-17): two operating, product-selling corporations and zero licensing-only entities, chained LLCs, or known asserters. No litigation naming US 5,864,666 was found, the patent is expired – lifetime (anticipated expiration 2016-12-23), and IBM commercially embodied the claims in its SecureWay Firewall line, so there is no shell-entity or transfer-to-asserter evidence to support any NPE call. Caveat on the taxonomy: under a strict reading, "Defensive / non-asserting" is defined as termination at a defensive aggregator, and Trend Micro is not an aggregator — I selected it because the substantively correct finding is non-NPE and effectively neutralized, and because "Operating-company assertion" would require an actual suit on this patent, which is absent. That mismatch, plus the two unresolved reel/frame entries and the missing correspondent of record, is the reason I would not upgrade the confidence in this file without a direct Assignment Center pull.

Verify at: https://assignmentcenter.uspto.gov/ (search patent number 5864666; also mirrored at https://assignment.uspto.gov/patent/index.html). Confirm (a) the reel/frame for both events, (b) the correspondent of record for each, and (c) whether any additional post-2010-05-17 records exist.


Cross-reference with the prior section: No contradiction. That section found no litigation involving this patent and likewise could not confirm the absence with certainty; this section independently reaches the same ownership conclusion and the same residual uncertainty. Both sections are limited by the same root cause — inability to complete a live primary-database query — and both should be re-verified at the Assignment Center.

Generated 9/30/2026, 10:41:42 PM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research the prior art references for US 5,864,666. Let me search for the patent's citation record.

Let me try to retrieve the front-page "References Cited" section directly.

Bottom line

I could not retrieve the examiner-cited "References Cited" list from the face of US 5,864,666 in this session, and I will not guess at it. The authoritative full text you supplied (Google Patents) contains only the specification and abstract for this document — it truncates mid-specification ("Next, the sys…") and does not include the front-page U.S. Patent Documents list, Foreign Patent Documents list, or Other Publications list. None of my searches returned that list either. Every hit I got for "5864666" was either (a) the same Google Patents description text, or (b) a forward citation (a later patent listing 5,864,666 as background), which is the opposite of prior art.

So: the specific prior-art reference list for this patent is currently unverified in my record. Below I separate (1) what is verified, (2) what I could not verify and why, and (3) the § 102 analysis framework plus genuinely material, date-verifiable era art that a searcher must check against the face of the patent. I flag confidence explicitly throughout.


1. Verified record (identifier literal: US 5,864,666 / US5864666A; App. 08/773,542)

Field Value
Title Web-based administration of IP tunneling on internet firewalls
Inventor Theodore Jack London Shrader
Original assignee International Business Machines Corp.
Filed / priority 1996-12-23
Granted / published 1999-01-26
Current assignee Trend Micro Incorporated (reassignment recorded 2010-05-17)
Status Expired – Lifetime; anticipated expiration 2016-12-23
Foreign family JP 10200530 A (pub. 1998-07-31; JP3730771B2), KR 271143 B1 (KR100271143B1), SG 66415 A1, TW346602B, CN1173532C
Sibling application Ser. No. 08/773,543 (Shrader), filed same day → US 6,009,475 "Filter rule validation and administration for firewalls"

These are consistent with the previously generated litigation section; no contradiction found. One minor inconsistency to note: the task header states the current date as April 26, 2026, while the system context date is 2026-09-30. It affects nothing below, but I am flagging it rather than silently reconciling it.


2. The citation record: what is known vs. unknown

2a. Backward citations (the actual prior art of record) — NOT RETRIEVED

  • Google Patents' "Patent Citations (11)" style headings that surfaced in my searches appeared under other patents' pages (e.g., US6823462, US7209962, US6618761, US7028334, US9027115). Those lists are those patents' citations; the appearance of "5864666" in them is a forward citation to 5,864,666, not art cited against it.
  • The NLP-extracted "Definitions" block in the Google Patents HTML (prior-art keywords tunnel, list, pane, user, displaying) is machine-extracted concept tagging, not a reference list.
  • I did not obtain anything from USPTO Patent Center / PTAB full-text, patft/ppubs, Espacenet's "Cited documents," or the patent PDF front page.

2b. Documents that cite 5,864,666 (forward citations — not prior art, listed only to show field context)

Verified from search results as listing 5,864,666 in their "Referenced Cited" or citation tables:

  • US 6,009,475 — "Filter rule validation and administration for firewalls," IBM, filed 1996-12-23, granted 1999-12-28 (sibling).
  • US 6,073,168 — "Simplified method of configuring internet protocol security tunnels," IBM, granted 2000-06-13 (filed 1997 — after the 5,864,666 filing).
  • US 5,805,803 — "Secure web tunnel," DEC, granted 1998-09-08 (filed 1997-05-13 — after).
  • US 6,823,462 — "Virtual private network with multiple tunnels associated with one group name," IBM.
  • US 6,618,761 / US 7,209,962 / US 7,028,334 / US 9,027,115 — later VPN management/VirnetX-family patents listing 5,864,666 as background.
  • WO 2005/006705 A1 — International Search Report cites US 5,864,666 as category "A" (background only), citing "column 1, line 36 – column 2, line 9" (the admitted-prior-art background).

2c. Art cited inside the patent's own text (admissions and express references)

The specification itself provides material that is citable as prior art/admission:

  1. The prior-art firewall interface itself — "the interface for firewall is a command line or SMIT interface"; "prior art interfaces are typically command line based in which the administrator is forced to learn a large number of arcane commands." This is a § 102(a)/(b) admission about the state of the art (AIX SMIT system-management interface; command-line firewall administration).
  2. IBM's Secure Way Firewall (SWF) product — admitted existing firewall product providing telnet/ftp proxy, SOCKS, DNS, IP tunneling and filter rules.
  3. IETF VPN specifications — the patent states: "A full description of IP Tunnels is provided by the Internet Engineer's Task Force (IETF) specifications on Virtual Private Networks (VPN)." Citable public-print art (see §4).
  4. Microsoft's Point-to-Point Tunneling Protocol (PPTP) — expressly named in the closing portion of the specification as a protocol that "could be administrated by the use of the present invention."

3. Claims and § 102 mapping — what I can and cannot do

I do not have the claim text. The supplied full text stops mid-specification and contains no claims (Google Patents' /en page for this document shows Description/Abstract in the fetch, not the Claims section). Therefore a limitation-by-limitation § 102 anticipation table ("reference X anticipates claim Y") cannot be responsibly produced — it would require (a) the exact claim language and (b) the exact reference list with the examiner's applied art.

What can be stated from the abstract/summary (as reproduced in the supplied text), for scoping purposes — the independent claims appear directed to:

  • Graph embodiment: displaying tunnels as lines connecting icons representing network addresses; responsive to selection of a line, displaying the selected tunnel definition in another pane; performing an action on it; selectively showing all/active/inactive tunnels.
  • Query embodiment: a pane for entering a tunnel definition; running a query against stored definitions; displaying matches in a scatter bar; a small positional bar proximate the scatter bar; then acting on a selected definition.
  • Tunnel/filter query embodiment: graph selection → list of applicable filter rules; scatter bar of matching rules within the overall rule list; action on a selected rule.

Legal framework (this matters): the application was filed 1996-12-23, so pre-AIA 35 U.S.C. § 102 governs (AIA first-inventor-to-file provisions apply only to applications filed on/after 2013-03-16). Accordingly:

  • § 102(a): known or used by others in the U.S., or patented/published anywhere, before the applicant's date of invention. All dates here are pre-filing, so the practical outer boundary is late 1996 minus whatever invention date is proven.
  • § 102(b): patented or described in a printed publication, or in public use/on sale, more than one year before 1996-12-23 → i.e., before 1995-12-23. This is the cleanest, date-safe category.
  • § 102(e): U.S. patent/applicant publication by another, filed before 1996-12-23 (granted dates may be later). Many firewall/VPN patents granted in 1997–1999 have 1994–1996 filings and are prime 102(e) candidates.
  • § 102(g): prior invention by another (rarely applied; often duplicative of an interference).
  • Not § 102 art — flag this: the copending sibling Ser. No. 08/773,543 / US 6,009,475 is the same inventor (Shrader), same filing date. It is not "by another," so it is not § 102(e) or § 102(a) art against 5,864,666; and as commonly owned it would be protected by pre-AIA § 103(c) against obviousness combinations. It is incorporated by reference, not prior art. (Same for the JP/KR/SG/TW/CN family members.)

4. Era-appropriate art a searcher must check against the face of the patent

Because I could not pull the citation list, I am giving material candidate art I can date-confidently cite, each labeled with whether it is a true § 102 date match. Confidence labels are explicit; these are candidate/field references, NOT confirmed as citations of record on 5,864,666's face.

Reference Date § 102 status vs. Dec 23, 1996 filing Confidence
RFC 1825, Security Architecture for the Internet Protocol (Atkinson) Aug 1995 Printed publication >1 yr before filing → § 102(b) High (existence/date)
RFC 1826, IP Authentication Header Aug 1995 § 102(b) High
RFC 1827, IP Encapsulating Security Payload (ESP) Aug 1995 § 102(b) High
RFC 1853, IP in IP Tunneling (Simpson) Oct 1995 § 102(b) (Oct 1995 is >1 yr before Dec 23, 1996) High
Cheswick & Bellovin, Firewalls and Internet Security: Repelling the Wily Hacker, Addison-Wesley 1994 Printed publication → § 102(b) High
Microsoft PPTP draft (Point-to-Point Tunneling Protocol) mid-1996 Before filing but <1 yr → § 102(a), not 102(b) Medium on exact draft date
IBM Secure Way Firewall / AIX SMIT administration interface pre-1996 Admitted prior art in the spec → § 102(a)/(b) admission High (as an admission)
IETF VPN specifications (as invoked by the spec) pre-1996 § 102(a)/(b) High (as an admission)

References I deliberately do NOT assert as citations of record: I have seen, in the general firewall/VPN art of this era, documents such as Check Point's Shwed-family firewall patents, Secure Computing's policy-management patents (e.g., US 5,950,195, filed 1996-09-18), and Secure Computing's transparent-proxy patent (US 5,915,087, filed 1996-12-12). Those dates would make them plausible § 102(a)/(e) candidates, but I have no verification that any of them appears on 5,864,666's face or was applied by the examiner, so I am not presenting them as citations. Treat them as leads to check, not findings.


5. How to close the gap (primary sources, in order of authority)

  1. USPTO Patent Center / Patent Public Search (ppubs) — open US 5,864,666 → "References Cited" / "Patent References" and "Other References," plus the file wrapper (the examiner's Form 892 and any 102/103 rejections show which references were actually applied to which claims).
  2. Patent PDF front page — patentimages.storage.googleapis.com/.../US5864666.pdf, page 1 (References Cited columns).
  3. Espacenet "Cited documents" for US5864666A and Google Patents "Patent Citations" tab (the fetch you supplied omitted it).
  4. PTAB/IPR — note that with anticipated expiration on 2016-12-23, 5,864,666 is now expired; it can no longer be asserted, but it remains citable as prior art against later filings, and IPR of it is moot (consistent with the earlier "no litigation found" result).

What I will not do: invent a claim-to-reference § 102 table or manufacture a reference list. Give me the front-page PDF or the File History, and I will produce the full citation-by-citation table (full citation, filing/publication dates, brief disclosure summary, and the specific claims each reference potentially anticipates under § 102(a), (b), or (e)).

Generated 9/30/2026, 10:41:44 PM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll first try to ground this analysis in retrievable prior-art and claim-scope information, since the task refers to a "Prior Art section" that was not included in the material supplied to me.

Let me try to retrieve the actual cited references and claim text for US 5,864,666.

Obviousness Analysis — U.S. Patent No. 5,864,666 under 35 U.S.C. § 103

0. Inputs, gaps, and stated caveats (read first)

Three caveats govern everything below; I am stating them up front rather than burying them.

  1. No "Prior Art section" was included in the material supplied to me. The user message with the previously generated sections contained a Patent summary and a Litigation summary only — there is no Prior Art section in my inputs. Rather than invent one, I ran my own searches. If a Prior Art section exists on the page you are working from, treat the analysis below as a supplement to it and reconcile any differences explicitly.
  2. The claim text of US 5,864,666 remains unverified, exactly as flagged in the Patent summary. The Google Patents text I was given truncates in the Description ("Next, the sys…") and contains no claims section. My searches did not surface the granted claims. Accordingly, the element charts below are keyed to the three embodiments recited in the Summary of the Invention, which I expressly label as inferred claim scope. This is a § 103 analysis of the disclosed embodiments, not of the literal claims. It must be re-run against the real claim set before being relied on.
  3. This patent is expired (anticipated expiration 2016-12-23; legal status "Expired – Lifetime"). A § 103 analysis today is therefore retrospective. It matters practically only where the '666 patent is cited as prior art against later filings (it does appear in the "Referenced Cited" lists of later patents — e.g., US 7,028,334, which lists "5864666 | January 26, 1999 | Shrader"), or in a defensive challenge to a later patent that claims priority through or cites this document.

Governing law. Filed Dec. 23, 1996, this is a pre-AIA patent. § 103(a) applies in its pre-2007 form, with Graham v. John Deere Co., 383 U.S. 1 (1966), as the framework and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007), supplying the "predictable variations / design incentives / market forces" rationales. Note the critical date structure:

  • § 102(b) art: printed publications or patents more than one year before filing → on or before Dec. 23, 1995.
  • § 102(a)/(e) art: everything else before Dec. 23, 1996 (and earlier-filed, later-published applications under § 102(e)).

That date line matters, because the two strongest references below (Check Point's July 1994 white paper and Ahlberg & Shneiderman's CHI '94 paper) fall comfortably on the § 102(b) side.


1. Level of ordinary skill in the art (POSITA)

For a Dec. 1996 filing date, a POSITA would be a software engineer or network security administrator with roughly a bachelor's degree in CS/EE and 2–4 years of experience in TCP/IP networking and network security, including: packet filtering and proxy firewalls; IP tunneling/VPN concepts (the specification itself points to IETF VPN work); and graphical user interface development, including emerging browser/Java-applet client development and network-management GUIs.

Two consequences: (a) the POSITA is not a GUI-visualization researcher, but is charged with familiarity with the ordinary design literature of information presentation in management consoles; and (b) the POSITA is explicitly a person who would have read Check Point product literature, firewall texts (Cheswick & Bellovin), and network-management platform documentation, because that is the working material of the job.


2. The prior-art landscape (with dates and § 102 status)

Ref Identity / date § 102 status vs. Dec. 23, 1996 What it teaches that matters here
PA-1 Check Point FireWall-1 Technical White Paper, July 1994 (retrieved as an exhibit in PTAB IPR2020-00586) § 102(b) (printed publication) Rule-base editor; rule = source/destination/service + action; rules matched in order; verification mechanism checking "redundancy and order" and inconsistencies; Filter Script generation and distribution to multiple gateways; System Status window showing a snapshot of all FireWall-1 modules and packet statistics; Log Viewer displaying every logged event with "color and icons… attached to events and fields yielding a rapid visual perception"; searching capabilities… enabling locating events of interest; reports generated by applying selection criteria to chosen fields; "Nodes that appear in the log can be probed instantly from within the LogViewer" (i.e., an in-console diagnostic probe).
PA-2 Check Point Form 20-F (1997) describing the FireWall-1 Management Module — https://checkpoint.com/tw/downloads/investor/1997-CHKP-form-20F.pdf The document is 1997 (not prior art as printed); it describes a 1993–1996 product. Use as corroboration only, not as the § 102 reference. "The Management Module contains an easy to use, object-oriented graphical user interface… a system administrator first defines the elements that need to be managed (for example, network objects, users and services), sets the rules… and, finally, monitors the ongoing system operation"; rule-based editor = "the central control window"; three object managers (Network, User, Services); System Status Viewer; Log Viewer with "a comprehensive query and reporting engine" usable "using a point-and-click interface." Critically: management is architecturally separate from enforcement and policies are installed to specified gateways remotely.
PA-3 Ahlberg & Shneiderman, "Visual Information Seeking: Tight Coupling of Dynamic Query Filters with Starfield Displays," Proc. CHI 1994, pp. 313–319 (bibliographic confirmation: https://vldb.org/dblp/db/indices/a-tree/a/Ahlberg:Christopher.html) § 102(b) Dynamic query filters (slider/form controls) tightly coupled to a starfield/scatter display: as query parameters change, the displayed data set updates in real time, and matching items are visually distinguished (color/dimming) from non-matching items. The paper's core thesis is exactly the patent's stated problem — replacing the need to "piece together output from different actions."
PA-4 Bellovin & Cheswick, "Network Firewalls," IEEE Communications Magazine, Sept. 1994, pp. 50–57 (cited on the face of US 5,898,830) § 102(b) Baseline firewall architecture, packet filtering and application gateways; establishes that firewall configuration was a recognized administrative problem well before the filing date.
PA-5 Stempel, "IPAccess—An Internet Service Access System for Firewall Installations," IEEE Communications Magazine, Feb. 1995, pp. 31–41 (same citation vehicle) § 102(b) An administrative/access layer sitting in front of a firewall installation, controlling access to services — i.e., separating the management function from the enforcement function.
PA-6 Ganesan, "BAfirewall: A Modern Firewall Design," NDSS, Feb. 1994, pp. 99–108; Greenwald et al., "Designing an Academic Firewall: SURF," NDSS/SNDSS 1996, pp. 79–92; Cobb, "Establishing Firewall Policy," Nat'l Computer Security Assn., June 25–27, 1996, pp. 198–205 Ganesan/Greenwald: § 102(b); Cobb: § 102(a)/(e) (June 1996 — inside one year) The literature of firewall policy specification and administrative practice — evidence that the problem the patent addresses was openly recognized as an administration-and-presentation problem.
PA-7 X Window System — Scheifler & Gettys, ACM Trans. Graphics 5(2), 1986; Motif / OSF windowing with frame- and pane-based layouts and scrollbars § 102(b) Multi-pane window layouts, independent scrollable panes, and scrollbars with a position indicator ("thumb") showing the position of a displayed portion within a larger body of content — the pervasive, decades-old UI vocabulary the patent's "pane" and "small bar" architecture is drawn from. The patent's own admitted prior art (IBM AIX SMIT) is itself a panel-based, multi-pane administrative interface, albeit character-mode.
PA-8 Network management platforms of the era (HP OpenView Network Node Manager, IBM NetView/6000, SunNet Manager) § 102(b) in substance (products shipped 1990–1994) — but I did not retrieve a primary document for these in this session; treat as a lead to verify, not as a verified citation These platforms' defining feature is exactly the patent's Figure 5: a map of nodes drawn as icons connected by lines, with link/status color coding, click-a-node → detail view, and integrated diagnostic probes (ping/traceroute).
PA-9 Java 1.0 / applet-capable browsers (Netscape Navigator 2.0, 1995–96); HTML frames Predominantly § 102(a) (late 1995 – 1996) Provides the enabling technology for the "web-based" limitation: a browser-hosted, platform-independent client that can render a dynamic graphical pane and call back to a server.
PA-10 "Remote Control of Diverse Network Elements Using SNMP," IEEE Communications Magazine, 1995 (Aicklen et al.) (pages garbled as "673–667" on the US 5,898,830 front page — verify pagination) § 102(b) Centralized remote administration of heterogeneous network elements from a management console.

Note on a reference I deliberately do not rely on: the "Check Point FireWall-1: Administration Guide" and "VPN-1/FireWall-1 User Guide" excerpts that surfaced in my searches (including at mirrors.pdp-11.ru) are modern secondary sources. They are useful to corroborate that FireWall-1's Encrypt action is configured per-rule with named encryption schemes and peer gateways, but they are not themselves prior art and must not be cited as such.


3. Element-by-element analysis (inferred claim scope)

3.1 Embodiment A — graph view, line selection, action on the tunnel definition

Inferred element (from Summary) Prior art that discloses/teaches it Notes
A1. Graphical depiction of tunnels between addresses in the two networks as lines connecting icons representing network addresses, in a pane PA-8 (network maps of icons joined by links, with link color = status) as the generic teaching; PA-1/PA-2 supply the data model to be drawn (full-mesh of gateways/peers, encryption domains, "Peer Gateways… set to Any"). Combining a known topology-map idiom with a known peer-gateway table is a predictable presentation of known data. This is the element most dependent on PA-8, which I could not paper-verify today. Verify before relying on it.
A2. Responsive to user selection of a line, display the selected tunnel definition in another pane PA-1/PA-2: clicking an object opens its Properties dialog; object managers expose gateway/network properties. Master-detail (select in overview → show detail in a second pane) is the standard idiom of PA-7 windowing.
A3. Perform an action on the selected tunnel definition responsive to user input (activate/deactivate, edit, load/save, delete, distribute) PA-1: rule/object edit + policy installation to specified gateways; PA-2: "create, modify, install, and monitor security policies installed on local and remote firewalls." Activation state maps to PA-1's gateway status and to enabling/disabling rule actions. The actions are the pre-existing firewall administrative operations; only their invocation point (a graph) is new.
A4. Graph selectively alterable to show all / active / inactive tunnels PA-1: System Status window showing state of all modules; Log Viewer searches over events including the "encrypted" action; PA-2: Log Viewer query engine filtering logged records by selected fields (including action taken). Filtering a displayed set by state is a textbook database-view operation.
A5. Lines drawn in different shades to indicate a property (encryption/authorization), with a legend in another pane PA-1: "Color and icons are attached to events and fields yielding a rapid visual perception"; PA-8: link color = status. Legend-in-a-pane is standard charting practice.

3.2 Embodiment B — query a tunnel definition, scatter bar, positional cue

Inferred element Prior art Notes
B1. A pane in which a tunnel definition can be entered as a query (Tunnel ID, source/destination address, encryption algorithm/policy) PA-1/PA-2: query and reporting engine with "a point-and-click interface, any field can be selected"; PA-3: dynamic query filters (form controls) as the input mechanism. The query fields are simply the attributes of the IPTunnel data structure the patent itself lists.
B2. Run the query against the stored tunnel definitions to find matches PA-3 (dynamic query); PA-1 ("reports are generated by applying selection criteria to chosen fields"); routine database filtering.
B3. Results shown in a scatter bar in another pane, matches indicated (different color/lines) within a bar representing the complete list PA-3 is close to anticipatory in substance: a scatter/starfield display in which the full data set is plotted and matched items are visually distinguished from unmatched items. Reducing a 2-D starfield to a 1-D bar (a "dot plot" / distribution strip) is a routine charting choice, and PA-1 already colors matching vs. non-matching logged events. This is the patent's headline feature and the closest thing to a genuine point of novelty — yet PA-3 lands squarely on it.
B4. A small bar proximate to the scatter bar showing the position of the currently displayed list relative to the complete list PA-7: the scrollbar thumb — literally a small bar showing where the displayed window sits within the whole document. Repositioning that indicator adjacent to an overview bar (rather than at the list's edge) is a purely ornamental/ergonomic placement change with no change in function (KSR: "a mere change in… position… cannot be patentable" absent a new result). Strong § 103 point.
B5. Perform an action on a selected tunnel definition PA-1/PA-2 as in A3; and the patent's own Edit Entry simply navigates to the Definition Page.

3.3 Embodiment C — cross-query: tunnels → applicable filter rules

Inferred element Prior art Notes
C1. Graphical tunnel depiction with line selection As in A1–A2.
C2. Responsive to selection, display a list of filter rules applicable to the selected tunnel PA-1 and corroborating Check Point documentation: the FireWall-1 rule base expresses rules as source/destination/service + action; the action can be "Encrypt," configured with a named encryption scheme and peer gateway. Rules therefore already carry a per-rule VPN/tunnel association. Asking a rule base "which rules reference this scheme/peer?" is a one-line relational query. PA-5 (management layer in front of a firewall installation) supplies the management/enforcement separation. This is the most defensible combination because the associative data (rule ↔ tunnel) is inherent in the prior-art rule model, not invented by the patent.
C3. Scatter bar showing locations of matching filter rules within the overall rule list PA-3 (+ PA-1's color-coded, searchable log/report views).
C4. Perform an action on a selected filter rule PA-1/PA-2: rule editing and policy reinstallation.

4. Motivation to combine (the KSR / Graham rationales)

The obviousness case does not depend on a single reference teaching everything. It rests on the following articulated rationales, each grounded in the record:

  1. Same field, same problem, same solution space. PA-1, PA-2, PA-4 and PA-6 all address firewall administration. The patent concedes the field's prior interfaces were "command line or SMIT," and that "administrators are required to piece together output from different actions" — an explicitly acknowledged problem in the prior art. Under KSR, "any need or problem known in the field of endeavor at the time of invention and addressed by the patent can provide a reason for combining the elements in the manner claimed." The patent's stated problem is the motivation.
  2. The prior art already separated management from enforcement, inviting a thin client. PA-1/PA-2 disclose a management station that installs policy onto remote gateways over the network; PA-5 discloses a management/access layer in front of the firewall. Once the console is already a remote network client, re-implementing it as a browser-delivered client (PA-9) is the predictable use of a known technology to achieve a known result (zero-install, platform independence, remote reachability) — and the patent itself extols exactly that result ("the interface is portable and allows the administrator a degree of flexibility not allowed by the prior art").
  3. The visualization vocabulary was already published in the same problem space. PA-3's entire thesis is that tightly coupled dynamic queries plus a scatter display let users avoid "piecing together" outputs across screens — the identical stated deficiency. A POSITA tasked with improving a firewall console's query output would have consulted the CHI literature as a matter of ordinary design practice; that literature is § 102(b) art.
  4. The "assembly" is a substitution of known elements working as expected. Frames/panes (PA-7, PA-9), color-coded match highlighting (PA-1, PA-3), scrollbar-thumb position cues (PA-7), legend panes (general charting), and a scrolling marquee/status strip are each old and unchanged in function. KSR: "the combination of familiar elements according to known methods is likely to be obvious when it does no more than yield predictable results."
  5. The data model is the firewall's own. Every attribute the interface queries or displays — tunnel ID, local/target address, encryption algorithm, session key lifetime/refresh, initiator, authentication policy, encryption policy — is a pre-existing firewall configuration parameter (the patent so concedes by reproducing the IPTunnel structure). Presenting known parameters in a new arrangement does not make the parameters new.
  6. Market forces / design incentives. Vendor competition in the 1993–96 firewall market (documented by PA-2's own competitive framing of its object managers and pre-defined services) pressured vendors toward easier GUIs; PA-2 records that the FireWall-1 GUI was a principal competitive differentiator. A "user-friendly interface" for a product already sold on GUI ease-of-use is the natural next step.
  7. No teaching away. None of the references disparages a browser-based, graphically-networked, or query-driven firewall console; the art's trajectory is uniformly toward more visual and more centralized administration.

5. Where the obviousness case is weakest — and the patent owner's best rebuttals

An honest § 103 opinion must identify the load-bearing joints. Ranked by vulnerability:

  1. The specific conjunction of a tunnel graph with a filter-rule list filtered by tunnel ID (Embodiment C). PA-3 is not about firewalls, and PA-1's rule base, while it links rules to encryption schemes, does not describe a graph-selected tunnel driving a scatter bar of rules. The counter is that this is a routine relational join rendered with a known chart idiom, and motivation is supplied by the administrative need to know "which rules will route traffic through this tunnel?" — but this is the element a well-argued nonobviousness position would attack hardest.
  2. Reliance on PA-8 (network map with icons and links). I could not retrieve a primary OpenView/NetView/SunNet Manager document today. If PA-8 cannot be papered, Embodiment A's "lines connecting icons" must be carried by the firewall references alone, which is weaker. Verify PA-8 before relying on it. (Alternatively, the general literature on graph/topology presentation in network management is vast and should be easy to paper.)
  3. The "scatter bar" as a bar rather than a 2-D starfield. A patent owner will argue PA-3 discloses a 2-D scatter plot, not a 1-D bar. The response is that 1-D distribution strips (dot plots, rug plots, statistical strip charts) predate 1996 and the change retains the same function (showing where matches fall in the population). But this is a factual dispute over the reference's disclosure, and it must be checked against the actual figures in the CHI paper, which I have not inspected.
  4. "Web-based" as a claim limitation. If the granted claims require browser/HTML/Java delivery, the § 102(b) references do not supply it; PA-9 (frames, applets) is largely § 102(a) art and must be paired carefully, and § 103 must be argued (predicate: the management-console-already-remote rationale in #2 above). If the claims do not require it — and the Summary's operative language is "a user interface," "a pane," "a scatter bar," with "web" appearing in the title and preamble — the browser question falls away entirely. Which of these is true cannot be determined without the claim text.
  5. The positional cue's second function. The specification says the small bar "may also be used to indicate an area within the list where the matching or most of the matching tunnel definitions are found." If a claim captures this density/heat-mapping function, PA-3's starfield-dimming and the statistical "brushing" literature become the relevant art; my searched sources did not establish this point, and it would need separate prior-art work.

6. Secondary considerations (objective indicia)

I found no evidence in the record I could retrieve of any of the Graham secondary considerations, and several cut against patentability rather than for it:

  • Commercial success: The patent was assigned to IBM and the product referenced is IBM SecureWay Firewall. I found no evidence of a nexus between any commercial success and the claimed interface features specifically — and under KSR/Fed. Cir. law, success attributable to the underlying firewall product (not the interface) carries no weight.
  • Licensing / industry praise: None found. Notably, the patent was reassigned to Trend Micro in 2010 and expired in 2016; no licensing program, no litigation, and (per the previously generated Litigation summary) no identified enforcement activity. There is no record of competitors copying the specific scatter-bar/position-cue interface — a notable absence given the ubiquity of such interfaces later.
  • Long-felt need: Partially supported — the patent's own recitation of prior-art inconvenience is some evidence of a recognized need. But the same passage shows the need was known and articulated in the field, which under KSR supplies motivation, not nonobviousness.
  • Unexpected results: None asserted, and none apparent. The interface does the same things (define, distribute, activate, delete tunnels) by a different presentation.
  • Praise of FireWall-1's GUI (PA-2, and trade-press awards recorded in the literature) is directed at a prior-art product, and is therefore evidence that the GUI direction was already successful before this filing — i.e., against nonobviousness.

7. Companion-application and double-patenting note

The specification identifies a copending, commonly assigned application by the same inventor — "Web-Based Administration of IP Filtering on Internet Firewalls," Serial No. 08/773,543, filed Dec. 23, 1996 — incorporated by reference and describing the Filter Definition Page that Embodiment C hands off to. Two consequences:

  • § 102(e) exposure: if that companion application (or its resulting patent) has an effective filing date no later than this one and describes the filter-rule/query structures, it is available as § 102(e) prior art against § 103. I have not verified the companion's publication or grant date, so I flag this rather than assert it.
  • Obviousness-type double patenting (OTDP): because the two applications share a specification, a common inventor, and overlapping subject matter (the tunnel↔filter linkage is the boundary between them), OTDP is a live issue worth checking. Answering it may require a terminal disclaimer, which would not itself cure a § 103 defect but would affect enforceability of any later-issued claims.

8. Bottom line

Confidence levels are stated because the claim text is unverified.

  • High confidence (contingent on the inferred scope): Every constituent element of all three embodiments across all four pages was individually known and in the public domain more than one year before Dec. 23, 1996: the firewall administrative operations (PA-1, PA-2, PA-4, PA-6), the query-and-report engine over firewall records (PA-1, PA-2), dynamic queries coupled to a scatter display with match/non-match color coding (PA-3), multi-pane windowing with scrollbar position indicators (PA-7), and the browser/applet delivery model (PA-9).
  • Moderate-to-high confidence: The primary combination — Check Point FireWall-1 technical white paper (July 1994, § 102(b)) + Ahlberg & Shneiderman CHI '94 (§ 102(b)) + the ordinary multi-pane/scrollbar GUI vocabulary (§ 102(b)) — renders the query/scatter-bar/position-cue embodiment obvious, with motivation supplied by the patent's own admitted prior-art deficiency. I would expect a PTAB panel to institute on such a combination, subject to verification of PA-3's figures.
  • Moderate confidence: The graph-view and tunnel→filter cross-query embodiments are obvious over FireWall-1 in view of a network-topology-map reference (PA-8 — unverified by me) and PA-3. The tunnel→filter join (Embodiment C) is the strongest prosecution position for a patent owner and the weakest link in this challenge.
  • Where I am not confident and will not guess: (i) whether the granted claims recite "web-based"/browser/HTML/Java as a positive limitation, which materially changes the analysis; (ii) whether independent claims are apparatus ("a user interface having a first pane…") or method, and whether any are in means-plus-function form; (iii) the actual number of independent claims; (iv) whether PA-8's specifics can be papered; (v) whether the companion application 08/773,543 issued and on what date.

Recommended next steps before this analysis is relied upon: pull the granted claims from USPTO Patent Center / the printed patent PDF (not the truncated Google Patents HTML); paper PA-8 and PA-3 (order the CHI '94 paper and inspect Figures 1–5); obtain the companion application's fate; and re-run the element charts against the literal claim language. Until then, treat § 3 as an opinion on the disclosed embodiments, and § 5's caveats as the boundaries of what this analysis can support.

Generated 9/30/2026, 10:42:24 PM

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