Invalidity dossier
US 7316029
Network security services architecture
Current assignee: T Mobile Innovations LLC
Added 9/24/2026, 4:39:17 AM
Active provider: DeepSeek · deepseek-v4-flash
Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
I'll search for the specific patent number and any related litigation.
Let me check specifically for any litigation or PTAB proceedings involving this patent.
Let me do one final targeted check for any assertion or post-grant proceeding involving this specific patent.
US 7,316,029 B1 — "Network security services architecture"
Search scope caveat up front: I searched for this exact number. Google Patents returned the document at https://patents.google.com/patent/[US7316029B1](/patent/US7316029B1)/en (page fetched 2026-09-24). I found no litigation docket and no PTAB/IPR record naming U.S. Patent 7,316,029, and specifically no CAFC 2026 docket for it. I cannot prove a negative from web search alone, so treat "no litigation" as "none located," not as a certified registry check. Note also that searches on the bare string "7316029" return a different, unrelated JP7316029B2 (a Sumitomo Bakelite gastrostomy-catheter insertion tool) plus coincidental registry hits (a Lithuanian association notice, a Brazilian commercial-registry entry) — none of those are this patent.
Bibliographic data (from the granted patent)
| Field | Value |
|---|---|
| Patent number | US 7,316,029 B1 |
| Title | Network security services architecture |
| Application no. | 10/003,816 |
| Filing date | 2001-10-25 |
| Priority date | 2001-10-25 |
| Issue/grant date | 2008-01-01 |
| Inventors | Benjamin J. Parker; Shane W. Werner; Charles Diaz; Terry M. Frederick |
| Original assignee | Sprint Communications Company LP (Sprint Communications Company, L.P.) |
| Current assignee | T-Mobile Innovations LLC (assignment from Sprint Communications Company L.P., recorded 2021-03-04; effective 2021-03-03) |
| Status | Expired – Lifetime; adjusted expiration 2024-12-31 |
| Classifications | H04L63/00, H04L63/02, H04L63/0272, H04L63/14, H04L63/1441, H04L63/145 |
| Claims | 20 total; 2 independent (claim 1 apparatus, claim 15 method) |
Minor discrepancy worth flagging literally: the inventor field lists "Shane W. Werner," while the recorded assignment (REEL/FRAME 012355/0954, effective 20011019) names "WERNER, SHANE R." I am not resolving which is correct.
Ownership chain of note: Sprint → T-Mobile Innovations LLC in 2021 (following the Sprint/T-Mobile merger). There were also Deutsche Bank security-interest recordings in 2017 and 2020, both later released (2020 and 2022 respectively). These are collateral/release events, not transfers of title.
Abstract
A convenient, low-cost computer security system deploys a menu of security tools within a local network that a connected user can select. The architecture provides flexible security features while simplifying the user experience. Separate security service pathways provide different combinations of security service features, and traffic from each user is directed to the pathway providing that user's desired combination.
Plain-language overview of the independent claims
Claim 1 (apparatus) — A private network apparatus that connects a user to the external internet, comprising six elements working together:
- Multiple "security service pathways" — each pathway bundles a different combination of security features (the spec describes content filtering, three grades of firewall, and virus scanning).
- A service selection dashboard — a web portal where the user selects which security features to apply to their traffic.
- A network management server (the spec's RADIUS/AAA server) — stores the "subscriber configuration" reflecting those selections.
- A pass-through router — connects user traffic to the external internet independently of the security pathways (i.e., the no-security path).
- A service selection gateway — the steering point: it directs user traffic to the dashboard, to the pass-through router, or to a security pathway.
- A security service router — couples the security pathways to the external internet.
The routing logic is the core: if the subscriber configuration is in an initialized state (not yet set up), the gateway sends the user to the dashboard; after initialization, the gateway routes traffic to the appropriate security pathway — or to the pass-through router — based on the stored configuration.
Claim 15 (method) — A method of providing security service at a network interface to the external internet:
- Direct the user to a captive portal;
- Present the available security service features;
- Store a subscription profile reflecting the user's selections made through the portal;
- Receive user traffic destined for the internet at a service selection gateway;
- Determine from the profile which security features apply;
- If the profile includes any security features, redirect the traffic to the particular one of the multiple security service pathways matching those features;
- If the profile includes no security features, redirect the traffic to a pass-through router.
Dependent claims (briefly)
- Claims 2–8 add pathway content: at least one pathway with a firewall (2), a virus scanner (3), a content filter (4); or combinations — firewall + content filter (5), firewall + virus scanner (6), content filter + virus scanner (7), and firewall + content filter + virus scanner (8).
- Claims 9–13 cover the graded-firewall feature: at least two firewall pathways with different grades (9); three pathways with high/medium/low firewalls (10); low = port blocking for outgoing traffic (11); medium = port blocking for incoming and outgoing traffic (12); high = outgoing port blocking plus blocking of all incoming traffic not initiated by the user (13).
- Claim 14 adds a user-side switch between the gateway and the pathways and an internet-side switch between the pathways and the security service router (the spec's Ethernet switches 30 and 31).
- Claims 16–20 mirror the feature set at the method level (firewall/content filtering/virus scanning; selectable high/medium/low firewall grades with the same definitions).
Context worth noting
- The specification frames the invention as a carrier/ISP-side, subscription-based security service delivered at the network level (the spec's example is Sprint's ION service), rather than user-installed client software — a stated motivation being lower cost and no user configuration/maintenance burden.
- The grant cites prior art including US 5,968,176 (3Com, "Multilayer firewall system") and US 6,832,321 (America Online, "Public network access server having a user-configurable firewall") — the closest conceptual neighbors to a network-side, user-configurable security service.
- Of the 42 items listed as citing this patent, one notable later reference is Cisco's US 10,231,120, "Offloaded security as a service" (its CN/EP counterparts also cite US 7,316,029), which illustrates the patent's use as background art in the later "security-as-a-service" lineage.
Uncertainty statement: everything above is grounded in the granted patent text and the Google Patents record. My affirmative finding on litigation is limited to "nothing located in searches of USPTO/PTAB and CAFC materials"; I did not have direct access to a docket database for this run, so I cannot rule out a never-publicized or very recent filing.
Generated 10/1/2026, 12:32:46 PM
Cases on file (0)
Specific litigation cases in our database that name US patent 7316029. 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.
I'll research litigation involving US patent 7316029. Let me search multiple sources.
Initial searches didn't surface litigation. Let me search more targeted litigation databases.
Let me try more targeted litigation-specific searches.
Litigation Search Results: US Patent No. 7,316,029
Bottom line: I found no known litigation involving US Patent No. 7,316,029. Based on the searches I was able to run (Google Patents, general web, and litigation-database queries), there are no district court complaints, no PTAB proceedings (IPR/PGR/CBM), and no CAFC appeals that name US 7,316,029 that I can identify or verify.
What I searched and what I found
| Search target | Result |
|---|---|
US patent 7316029 litigation |
No litigation hits; only the Google Patents page and unrelated documents |
"7316029" patent lawsuit |
No U.S. patent litigation; results returned an unrelated Japanese patent JP7316029 (a gastrostomy-catheter insertion jig by Sumitomo Bakelite) and unrelated Brazilian/Lithuanian registration numbers |
unifiedpatents.com litigation 7316029 |
No matter for this patent; hits were Unified Patents' general amicus/mission documents |
"7,316,029" OR "7316029" patent infringement case |
No case naming this patent |
"Network security services architecture" patent Sprint litigation |
No litigation found (search budget exhausted before completing all queries) |
Important caveats
Do not confuse the numbers. The strongest-looking "7316029" hits in my results are not this patent:
- JP 7316029 B2 — a Japanese patent (Appl. No. 2018-145805) for a gastrostomy catheter insertion jig set, issued 2023, owned by Sumitomo Bakelite. This is a different patent in a different jurisdiction and technology and has no relationship to US 7,316,029.
- A Brazilian corporate registration number ("7316029 FERNANDA LUCIANE BELLO LOPES") and a Lithuanian association notice number "7316029" — both irrelevant.
- I interpreted every identifier literally and did not auto-correct any number.
Source limitations. I could not directly query PACER, the Unified Patents litigation caselist portal, or CourtListener with a case-specific URL within my allotted search steps. My conclusion is based on the available web index and the Google Patents record, which is a strong but not exhaustive proxy. Google Patents' own page for US 7,316,029 lists "Cited By" references only (e.g., Fortinet, Cisco, Zscaler patents cross-citing it) — those are citations, not litigation.
Context that bears on likelihood of litigation. US 7,316,029:
- Was filed 2001-10-25 and granted 2008-01-01, entitled "Network security services architecture," originally assigned to Sprint Communications Company L.P., now T-Mobile Innovations LLC (via the 2021 Sprint/T-Mobile assignment).
- Carries a legal status of "Expired – Lifetime," with an adjusted expiration of 2024-12-31. An expired patent cannot be asserted for ongoing infringement, which makes it unlikely to appear in active litigation now.
- No litigation or adverse-proceeding record appears in its Google Patents file history (which shows only security-interest assignments from Deutsche Bank, not lawsuits).
Requested case table
Because no qualifying litigation was identified, I cannot populate plaintiff/defendant/jurisdiction/case number/filing date/status fields. To be explicit and avoid fabrication:
| Plaintiff | Defendant | Jurisdiction | Case No. | Filing date | Status/Outcome |
|---|---|---|---|---|---|
| — none identified — | — | — | — | — | — |
Recommended next steps to confirm
If you need a definitive negative (or to locate a case my index missed), verify directly at these authoritative, patent-number-searchable sources:
- PACER Case Locator (https://pcl.uscourts.gov) — search "7,316,029" / "7316029" across district and appellate dockets.
- Unified Patents litigation portal (https://portal.unifiedpatents.com/litigation/caselist) — filter by patent number.
- CourtListener / RECAP (https://www.courtlistener.com) — full-text docket search for "7,316,029".
- USPTO Patent Trial and Appeal Board (https://developer.uspto.gov/ptab-api / PTAB End-to-End) — for any IPR/PGR/CBM naming the patent.
- USPTO Patent Center / Assignment records for the patent, which would reflect any recorded litigation or judgment.
Confidence: High that no reported litigation exists on this specific patent given (a) its expired status, (b) the absence of any docket reference in the sources reached, and (c) the only literal "7316029" matches being unrelated foreign/administrative records. I flag this as a strong-negative rather than an absolute — I could not complete a direct PACER/Unified query, so a final confirmation there is warranted before relying on the negative for any legal conclusion.
Generated 10/1/2026, 12:32:53 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.
PTAB Proceedings on US 7,316,029
Bottom line up front: there are no AIA trial proceedings on this patent. The structured "PTAB proceedings on file" block — sourced from USPTO ODP — returns zero proceedings as of the most recent ingest, and none of my supplemental web searches surfaced any IPR, PGR, or CBM involving US 7,316,029 (confirmed against the Google Patents page for the patent, which lists no "PTAB" / trial-proceeding entries in its family or legal-events history). I am not inventing proceeding numbers to fill the template.
Proceedings overview
Total count: 0. No active proceedings, no claims invalidated, no claims sustained, no settlements, no institution denials — the patent has never been challenged in an AIA trial. The defensive significance is the opposite of a "hardened patent" story: US 7,316,029 has never been tested at the PTAB, so there is no FWD, no estoppel, and no claim-level validity record to lean on. What a defendant does have instead is an expired patent — per the ODP/Google Patents legal-status data, the patent's adjusted expiration is 2024-12-31 (20 years from the 2001-10-25 filing plus PTA), and its current assignee is T-Mobile Innovations LLC (originally Sprint Communications Company LP). The most useful defense question is therefore threshold-level, not PTAB-level: is the assertion even timely and live?
Proceedings
None. There is nothing to report per-proceeding. For completeness, here is the profile that explains why the AIA-trial channel has been unused:
- IPR — Would have been available (IPR reaches any issued patent regardless of filing date), but no petition was ever filed. Any live IPR window has long since closed in practice; note the patent is expired.
- PGR — Not available. PGR applies only to patents with an effective filing date on or after 2013-03-16. This patent's priority date is 2001-10-25 (pre-AIA). Claim numbers are 1–20 (claim 1 apparatus; claim 15 method).
- CBM — Not available. CBM review was limited to patents claiming a method/apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service. This patent claims a network security/security-services architecture (firewall, content filtering, virus scanning pathways, service selection gateway/dashboard) — not a financial product or service. Separately, the CBM program sunset for new petitions on 2020-09-16.
- Related-art signal worth noting (not a proceeding): Cisco's US 10,231,120 ("Offloaded security as a service") lists US 7,316,029 as cited prior art, and the patent sits in a dense citation neighborhood (Fortinet, Check Point, Zscaler filings cite back into this family). That is a prior-art graph, not a challenge graph — do not conflate the two.
Strategic summary
Claim status: entirely untested. All 20 claims — independent claim 1 (the private-network apparatus with service selection dashboard, network management server, pass-through router, service selection gateway, security service router, and the plurality of security service pathways) and independent claim 15 (the corresponding method with captive portal and pathway re-direction) — stand exactly as granted on 2008-01-01. Nothing has been canceled, nothing has been confirmed in an FWD, and nothing has been narrowed by certificate of correction or reexamination on the record I can access. Any representation that "claims 1–5 have been canceled" or that "the patent survived two IPRs" would be fabricated; neither is true.
Estoppel landscape: clean slate, but no IPR roadmap either. Because no petitioner ever filed, there is no § 315(e)(2) estoppel attached to anyone, and no party is barred from raising any ground. That cuts both ways. On the one hand, a defendant today faces no "you should have raised that in your IPR" exposure. On the other hand, there is no petitioner-funded invalidity record to borrow — no instituted grounds, no expert reports, no FWD claim constructions, no POPR. Any invalidity position has to be built from scratch, and (because the patent is pre-AIA) with the pre-AIA §§ 102/103 framework and pre-AIA § 112, including the pre-AIA best-mode and the narrower pre-AIA § 102(e)/§ 102(g) considerations and the Hilmer doctrine for foreign priority. The cited references in the patent itself (the Cisco 6400 data sheet, Log-On Data X-Stop ES2000, Check Point OPSEC FireWall-1 v1.01 (Nov. 1998), Trend Micro InterScan) plus the 17 examiner-cited U.S. patents (e.g., US 5,968,176 to 3Com; US 5,848,233 to Sun; US 6,233,271 to Pilot Network Services; US 5,889,958 to Livingston) are a useful starting set, but they are prosecution-stage art — the examiner already considered them.
Pattern signals: none of the usual ones. No serial petitioner, no follow-on joinder petitions, no IPR-then-district-court squeeze play, no defensive-aggregator (Unified Patents or similar) activity visible. The patent's assertion history likewise shows no PTAB footprint, which is itself informative: this is a 2001-filing, operator-originated (Sprint/ION) architecture patent that was prosecuted and held for portfolio reasons rather than weaponized, and it reached end-of-life at 2024-12-31 without ever drawing a validity challenge. Post-expiration, the economics of filing an IPR (fees, expert costs, ~12–18 months to FWD) rarely make sense, and the statutory 1-year § 315(b) clock is irrelevant going forward.
Recommended next steps
- Verify expiration and assertion posture before anything else. The ODP record shows status Expired – Lifetime, adjusted expiration 2024-12-31, with maintenance fees paid through the 12th year (2019-06-20). Pull the Patent Center file wrapper (https://patentcenter.uspto.gov) to confirm no term extension, revival, or later adjustment, and confirm the current owner of record is T-Mobile Innovations LLC (assignment recorded 2021-03-04, REEL/FRAME 055604/0001). If a demand letter cites this patent today, expired claims cannot support an ongoing-infringement theory for conduct occurring after expiration.
- Search the PTAB record yourself to confirm the null result. Use PTAB E2E / the PTAB "Patent Trial" search at https://ptacts.uspto.gov/ptacts (search by patent number 7316029) and the PTAB Decisions page at https://www.uspto.gov/PTAB; also check https://courtlistener.com/?q=7316029 for any Federal Circuit appeal. My searches found no proceeding, but the ODP ingest can lag — confirm independently and document the date you checked.
- If, contrary to the above, a proceeding turns up, capture it verbatim — proceeding number, filing date, petitioner, status, panel, instituted grounds, FWD claim-level disposition, and any CAFC docket — before relying on it. Do not rely on secondary summaries.
- Do not build a § 315(e)(2) estoppel argument. There is no petitioner-privity chain to hang it on. If you need an invalidity defense, budget for a fresh pre-AIA art search and a district-court (or, if the patent were somehow still within an IPR window, PTAB) challenge on uncovered art.
- Treat the "no PTAB activity" finding as a signal, not a shield. Well-asserted, commercially significant patents reliably attract IPRs; this one never did. Combined with expiration, that is a strong indicator this patent is a paper asset — but confirm the litigation/assertion history (district court dockets, ITC) before advising a client that no exposure exists.
Sources / links
- Google Patents (authoritative full text, claims 1–20, citations, legal events): https://patents.google.com/patent/[US7316029B1](/patent/US7316029B1)/en
- USPTO Patent Center (file wrapper, assignments, fee history): https://patentcenter.uspto.gov
- USPTO PTAB E2E / Patent Trial search (verify zero proceedings): https://ptacts.uspto.gov/ptacts
- USPTO PTAB Decisions: https://www.uspto.gov/PTAB
- CourtListener (check for any CAFC appeal): https://www.courtlistener.com
Caveat: I found no final written decision, institution decision, or appeal to quote or link to for this patent, because none appears to exist. If you have an ODP or PTAB E2E export showing otherwise, paste it and I will re-run the per-proceeding analysis with exact claim-level dispositions.
Generated 10/1/2026, 12:33:01 PM
Ownership chain (6)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
2001-10-19 · recorded 2001-11-29 · reel 012355/0954 · Assignment
Parker, Benjamin J.; Werner, Shane R.; Diaz, Charles; Frederick, Terry M.Sprint Communications Company L.P.
2017-02-03 · recorded 2017-03-06 · reel 041895/0210 · Security Agreement
Sprint Communications Company L.P.Deutsche Bank Trust Company Americas
securitization
2020-04-01 · recorded 2020-04-02 · reel 052969/0475 · Release
Deutsche Bank Trust Company AmericasSprint Communications Company L.P.
securitization
2020-04-01 · recorded 2020-04-02 · reel 053182/0001 · Security Agreement
T-Mobile USA, Inc.; ISBV LLC; T-Mobile Central LLC; and others (Sprint-family entities including Sprint Communications Company L.P., Sprint Spectrum L.P., Sprint International Incorporated, Clearwire entities, Boost Worldwide LLC, Assurance Wireless USA L.P., PushSpring, Layer3 TV)Deutsche Bank Trust Company Americas
securitization
2021-03-03 · recorded 2021-03-04 · reel 055604/0001 · Assignment
Sprint Communications Company L.P.T-Mobile Innovations LLC
internal reorg
2022-08-22 · recorded 2022-08-23 · reel 062595/0001 · Release
Deutsche Bank Trust Company AmericasSprint Communications Company L.P., Sprint Spectrum LLC, Sprint International Incorporated, Sprintcom LLC, Clearwire IP Holdings LLC, Clearwire Communications LLC, Boost Worldwide LLC, Assurance Wireless USA L.P., T-Mobile USA Inc., T-Mobile Central LLC, PushSpring LLC, Layer3 TV LLC, IBSV LLC
securitization
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.
I'll cross-check the recorded assignments and try to surface correspondents of record before writing up.
Let me try to surface the correspondent of record for these specific reel/frame entries.
Ownership chain analysis — US 7,316,029 B1
Method note / limitation up front: I rebuilt the chain from the Google Patents legal-events record (https://patents.google.com/patent/[US7316029B1](/patent/US7316029B1)/en), which does surface reel/frame numbers, conveyance types, execution and recording dates. I could not retrieve the "correspondent of record" for any of these reel/frame entries in this run — Google Patents does not expose that field, and my targeted searches on the specific reel/frame strings (012355/0954, 041895/0210, 052969/0475, 055604/0001, 062595/0001) returned only mirror pages and docket material, no correspondent data. Do not treat the correspondent as absent from the USPTO record — treat it as not retrieved here. Verifying it requires a direct pull from https://assignmentcenter.uspto.gov/ (for this patent, app 10/003,816).
Inventors
| Inventor | Name as recorded | Employer at filing |
|---|---|---|
| Benjamin J. Parker | PARKER, BENJAMIN J. | Sprint Communications Company, L.P. |
| Shane W. Werner | listed as "Werner, Shane W." on the patent; "WERNER, SHANE R." in the assignment | Sprint Communications Company, L.P. |
| Charles Diaz | DIAZ, CHARLES | Sprint Communications Company, L.P. |
| Terry M. Frederick | FREDERICK, TERRY M. | Sprint Communications Company, L.P. |
Employer determination: All four inventors assigned their rights to Sprint Communications Company, LP by an instrument executed 2001-10-19 — six days before the 2001-10-25 filing date — recorded 2001-11-29 at Reel 012355/0954. A same-week, all-inventor assignment to the filing entity is the signature of an employee-invention assignment, so all four are presumptively Sprint employees at filing.
Unusual patterns: None evident. There is no split among inventors, no third-party co-owner, and no evidence of inventors retaining rights. I found no evidence of inventors departing Sprint within 12 months of filing — and note that a departure pattern would be largely irrelevant here anyway, because the inventors held no retained interest to sell (the rights were assigned pre-filing). The only anomaly is the middle-initial discrepancy (Werner "W." vs. "R."), already flagged in the prior section; I did not resolve it.
Original assignee
Sprint Communications Company, L.P. (Missouri; the entity recorded on the issued patent and on Reel 012355/0954).
- Primary line of business: U.S. competitive local exchange / long-distance carrier and, by 2001, a broadband and integrated-services network operator (later Sprint Corporation; also the parent lineage of Sprint Spectrum L.P., Sprint PCS, etc.).
- Product embodying the claims: The specification itself names the commercial vehicle — Sprint's Integrated On-Demand Network (ION) service (see "One example of a commercially available service of this type is the Integrated On-Demand Network (ION) operated by Sprint Communications"). The claimed architecture is framed as an ISP/carrier-side subscription service, not a boxed product, so "shipping a product" is the wrong frame; the relevant question is whether Sprint deployed the security-services architecture in ION. I cannot confirm the extent of commercial deployment, and I flag that Sprint was in the process of scaling back/writing down the ION initiative around the 2001 filing window. Treat "practiced by the original assignee" as unverified.
- Current status: Operating, but no longer independent. Sprint Corporation was acquired by T-Mobile US, Inc.; the merger closed 2020-04-01. Sprint Communications Company L.P. survives as a T-Mobile subsidiary. No bankruptcy filing by Sprint is reflected anywhere in the chain. The Sprint brand was retired post-merger.
Assignment timeline
Recorded events, chronological (excluding pure maintenance-fee and patent-grant postings, which are not assignments):
2001-10-19 (executed) / recorded 2001-11-29 — Reel 012355/0954
- Conveyance: Assignment (ASSIGNMENT OF ASSIGNORS' INTEREST)
- Assignors: Parker, Benjamin J.; Werner, Shane R.; Diaz, Charles; Frederick, Terry M.
- Assignee: Sprint Communications Company, LP (Missouri)
- Correspondent: not retrieved — see method note. No recurrence to flag.
- Context: Original employee-invention assignment — inventors to employer, executed six days before filing.
2017-02-03 (executed) / recorded 2017-03-06 — Reel 041895/0210
- Conveyance: Security Agreement (GRANT OF FIRST PRIORITY AND JUNIOR PRIORITY SECURITY INTEREST IN PATENT RIGHTS)
- Assignor: Sprint Communications Company L.P.
- Assignee: Deutsche Bank Trust Company Americas (New York)
- Correspondent: not retrieved.
- Context: Securitization / collateral — Sprint pledged patent rights as loan collateral. Not a transfer of title.
2020-04-01 (executed) / recorded 2020-04-02 — Reel 052969/0475
- Conveyance: Release / Termination (TERMINATION AND RELEASE OF FIRST PRIORITY AND JUNIOR PRIORITY SECURITY INTEREST)
- Assignor: Deutsche Bank Trust Company Americas
- Beneficiary: Sprint Communications Company L.P.
- Correspondent: not retrieved.
- Context: Collateral release — discharges the 2017 security interest. Not a title transfer.
2020-04-01 (executed) / recorded 2020-04-02 — Reel 053182/0001
- Conveyance: Security Agreement
- Assignors: T-Mobile USA, Inc.; ISBV LLC; T-Mobile Central LLC; and others (Sprint-family entities including Sprint Communications Company L.P., Sprint Spectrum L.P., Sprint International Incorporated, Clearwire entities, Boost Worldwide LLC, Assurance Wireless USA L.P., PushSpring, Layer3 TV)
- Assignee: Deutsche Bank Trust Company Americas (New York)
- Correspondent: not retrieved.
- Context: Securitization / collateral — a new, portfolio-wide security agreement recorded the day after the merger closed, replacing the released 2017 package. Not a title transfer.
2021-03-03 (executed) / recorded 2021-03-04 — Reel 055604/0001
- Conveyance: Assignment (ASSIGNMENT OF ASSIGNOR'S INTEREST)
- Assignor: Sprint Communications Company L.P.
- Assignee: T-Mobile Innovations LLC (Kansas)
- Correspondent: not retrieved.
- Context: Internal corporate reorganization / post-merger integration. The reel/frame is a bulk portfolio instrument — mirrors of this same reel/frame appear across very large numbers of unrelated Sprint patents and applications (e.g., US 8,818,986; US 7,924,789; US 11,076,270), i.e., hundreds of properties were conveyed under one covering assignment rather than a one-patent deal.
2022-08-22 (executed) / recorded 2022-08-23 — Reel 062595/0001
- Conveyance: Release (RELEASE BY SECURED PARTY / RELEASE OF SECURITY INTEREST)
- Assignor: Deutsche Bank Trust Company Americas
- Beneficiaries/Owners named: Sprint Communications Company L.P., Sprint Spectrum LLC, Sprint International Incorporated, Sprintcom LLC, Clearwire IP Holdings LLC, Clearwire Communications LLC, Boost Worldwide LLC, Assurance Wireless USA L.P., T-Mobile USA Inc., T-Mobile Central LLC, PushSpring LLC, Layer3 TV LLC, IBSV LLC
- Correspondent: not retrieved.
- Context: Collateral release — retires the 2020 security agreement. Not a title transfer.
Net title history (ignoring collateral): only two real transfers of ownership in 24 years — inventors → Sprint (2001), and Sprint → T-Mobile Innovations LLC (2021). That is the whole substantive chain.
Timeline diagram
timeline
title Ownership of US 7316029
2001 : Inventors assign to Sprint Communications LP
: Application filed 25 Oct 2001
2008 : Patent issued 01 Jan 2008
2017 : Security interest granted to Deutsche Bank
2020 : Sprint releases 2017 security interest
: T-Mobile US acquires Sprint 01 Apr 2020
: New Deutsche Bank security agreement
2021 : Assigned to T-Mobile Innovations LLC
2022 : Deutsche Bank releases security interests
2024 : Patent expires 31 Dec 2024
NPE / troll-pattern signals
Shell-entity transfer — not present. The only operating-co → LLC hop is Sprint → T-Mobile Innovations LLC (Reel 055604/0001, 2021-03-03). "Innovations" is not one of the "IP / Patents / Licensing / Holdings / Ventures" naming tells, the LLC sits in Kansas (the former Sprint Overland Park legal/IP home, not a Delaware/Texas registered-agent address), and it is a wholly-owned affiliate of an operating telecom — the ordinary corporate IP-holding pattern, not an arm's-length sale to an anonymous licensing shell. No evidence it is licensing-only or product-free.
Known asserter in the chain — not present. Chain principals are Sprint Communications Company L.P., Deutsche Bank Trust Company Americas, and T-Mobile Innovations LLC. None matches Acacia, Marathon, IV, IPNav, Wi-LAN/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock, or any Unified/RPX-listed high-frequency plaintiff. Notably, in the Intellectual Ventures II v. Sprint Spectrum litigation (E.D. Tex. 2:17-cv-00662) and General Access Solutions v. Sprint, Sprint was the defendant/target, not the asserter — inverse of an NPE signal.
Repeat correspondent across the chain — unclear. Cannot be assessed. Correspondent data was not retrievable in this run (see method note). Note that even if a single recording firm recurs, that cuts weakly here: the chain is a carrier, a bank, and an operating-company affiliate, and banks routinely use their own counsel — recurrence across this chain would not by itself indicate an NPE operator.
Cascading transfers — not present. Two substantive transfers across ~20 years, with the LLC hop occurring in a single step and covering a bulk portfolio (Reel 055604/0001). No <24-month chain of successive LLC-to-LLC conveyances, and no shared correspondent address evidence.
Pre-litigation transfer — not present. The prior section found no infringement suit naming this patent. The 2021-03-03 transfer predates the patent's 2024-12-31 expiration and follows the 2020-04-01 merger close by ~11 months — i.e., it looks like merger-integration timing, not assertion setup. Without a suit, there is no pre-suit window to measure.
Bankruptcy fire-sale — not present. No Sprint Chapter 7/11 event appears in the record; the corporate event is an acquisition (T-Mobile US closes Sprint merger 2020-04-01), not a liquidation. The Deutsche Bank recordings are ordinary secured financing, released on schedule.
Privateering — not present. No evidence T-Mobile Innovations LLC asserts on T-Mobile's behalf against competitors, and no SEC-filing or Patent Progress/EFF coverage surfaced connecting this patent to a privateering arrangement. The 2021 assignment is an intra-family reorganization, not a transfer to an independent NPE.
Defensive aggregator — not present. The chain does not terminate at RPX, AST, LOT, Unified Patents, or OIN. It terminates at an operating-company IP subsidiary.
Verdict
Defensive / non-asserting — with an explicit caveat that the fit is imperfect and that this is a non-NPE corporate-holding outcome rather than a classic defensive-aggregator outcome.
Justification: The substantive title chain contains only two real transfers — inventors → Sprint Communications Company L.P. (Reel 012355/0954, executed 2001-10-19) and Sprint → T-Mobile Innovations LLC (Reel 055604/0001, executed 2021-03-03) — with the intervening Deutsche Bank entries (Reels 041895/0210, 052969/0475, 053182/0001, 062595/0001) being security interests and their releases, not conveyances of title. Every enumerated NPE signal is either not present or unclear for lack of correspondent data, and no litigation naming this patent was located, so the patent has been non-asserted throughout its life and is now expired (2024-12-31). The nearest rubric category for a chain ending in an operating company's IP-holding subsidiary with no assertion is "non-asserting"; strictly, the rubric's "Defensive / non-asserting" is defined by termination at a defensive aggregator, which did not occur — if your scoring requires literal satisfaction of that parenthetical, the honest response is that none of the five labels fits cleanly, and "Insufficient data" would be defensible only on the ground that I could not retrieve correspondent-of-record confirmation.
Verification link: https://assignmentcenter.uspto.gov/ (search by patent number 7,316,029 or application 10/003,816); mirrored index at https://assignment.uspto.gov/patent/index.html. A direct pull there is the only way to close the correspondent gap flagged throughout.
Generated 10/1/2026, 12:33:29 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll search for the patent and its cited prior art references.
Let me gather details on the remaining cited references.
I've hit my search-step limit, so I'll compile the prior-art analysis now, anchored to the authoritative granted-patent text and the specific references I was able to retrieve. Where I could not retrieve a full text this run, I say so explicitly rather than fabricating a description.
Prior-Art Analysis — US 7,316,029 B1
0. Patent confirmation (literal-ID check)
The number 7316029, searched literally, resolves to exactly one US patent: US 7,316,029 B1, "Network security services architecture," Appl. No. 10/003,816, filed and priority-dated 2001-10-25, granted 2008-01-01 (Google Patents / USPTO record at https://patents.google.com/patent/[US7316029B1](/patent/US7316029B1)/en). Per the operating rule to interpret IDs literally and not auto-correct, I note again that the sibling hits for the bare string (JP 7316029 B2 gastrostomy-catheter jig; a Brazilian registry entry; a Lithuanian association notice) are different identifiers in different domains and are excluded from this analysis.
Important framing for the request: the 17 references below are the "Patent Citations (17)" of record on the face of US 7,316,029 — i.e., the examiner-cited §102/§103 art. The "42 Cited By" entries (Fortinet, Cisco, Zscaler, etc.) are later documents citing this patent, not prior art against it, and must not be treated as anticipatory art here.
1. Complete citation list as-of-record (17 references)
Dates are taken verbatim from the patent's citation table (priority/earliest date | publication/grant date).
| # | Patent / Pub. | Earliest date | Pub./grant date | Assignee | Title |
|---|---|---|---|---|---|
| 1 | US 5,822,435 A | 1992-07-10 | 1998-10-13 | Secure Computing Corp. | Trusted path subsystem for workstations |
| 2 | US 5,845,091 A | 1996-02-15 | 1998-12-01 | Bay Networks, Inc. | Forwarding of internetwork packets to a destination network via a selected one of a plurality of paths |
| 3 | US 5,848,233 A | 1996-12-09 | 1998-12-08 | Sun Microsystems, Inc. | Method and apparatus for dynamic packet filter assignment |
| 4 | US 5,889,958 A | 1996-12-20 | 1999-03-30 | Livingston Enterprises, Inc. | Network access control system and process |
| 5 | US 5,968,176 A | 1997-05-29 | 1999-10-19 | 3Com Corporation | Multilayer firewall system |
| 6 | US 5,987,611 A | 1996-12-31 | 1999-11-16 | Zone Labs, Inc. | System and methodology for managing internet access on a per application basis for client computers connected to the internet |
| 7 | US 6,145,002 A | 1997-11-14 | 2000-11-07 | Qwest Communications Int'l | System and method for accessing an internet service provider |
| 8 | US 6,178,505 B1 | 1997-03-10 | 2001-01-23 | Internet Dynamics, Inc. | Secure delivery of information in a network |
| 9 | US 6,230,271 B1 | 1998-01-20 | 2001-05-08 | Pilot Network Services, Inc. | Dynamic policy-based apparatus for wide-range configurable network service authentication and access control using a fixed-path hardware configuration |
| 10 | US 6,393,481 B1 | 1997-10-06 | 2002-05-21 | Worldcom, Inc. | Method and apparatus for providing real-time call processing services in an intelligent network |
| 11 | US 2003/0072318 A1 | 2001-09-14 | 2003-04-17 | Nokia Inc. | System and method for packet forwarding |
| 12 | US 6,823,462 B1 | 2000-09-07 | 2004-11-23 | IBM | Virtual private network with multiple tunnels associated with one group name |
| 13 | US 6,832,321 B1 | 1999-11-02 | 2004-12-14 | America Online, Inc. | Public network access server having a user-configurable firewall |
| 14 | US 6,853,988 B1 | 1999-09-20 | 2005-02-08 | Security First Corp. | Cryptographic server with provisions for interoperability between cryptographic systems |
| 15 | US 6,954,790 B2 | 2000-12-05 | 2005-10-11 | Interactive People Unplugged Ab | Network-based mobile workgroup system |
| 16 | US 7,176,791 B2 | 2003-12-11 | 2007-02-13 | NEC Corp. | Security verification method and device |
| 17 | US 7,203,190 B1 | 1998-10-01 | 2007-04-10 | Siemens AG | Method and apparatus for routing in a communication or data network, or in a network of communication and data networks |
Non-patent citations (4) of record: Cisco 6400 Carrier-Class Broadband Aggregator data sheet (2000); Log-On Data X-Stop ES2000; OPSEC Check Point FireWall-1 v1.01 (Nov. 1998); Trend Micro InterScan3 (2001).
2. Most relevant prior art (Tier 1 — closest to the claimed subject matter)
2.1 US 5,968,176 — 3Com, "Multilayer firewall system"
- Citation: US 5,968,176 A; priority/filed 1997-05-29 (PCT WO 98/54644, filed 1998-05-28); granted 1999-10-19; inventors Nessett & Sherer; 3Com (later HP).
- Description (verified): Distributes firewall/security functions across multiple network devices at multiple protocol layers (routers, remote-access equipment, switches, NICs), coordinated by a centralized policy-definition component that translates security-policy statements into per-node configuration data. Enforcement is pushed to the devices "pertinent to their part of the network." Not a pathway-per-subscriber architecture; it is a distributed, policy-driven firewall.
- Potentially anticipates / renders obvious: Claims 2, 5, 9 (a pathway "having a firewall," firewall + other features, multiple firewall grades/enforcement) and elements of claim 1 (multiple security functions coordinated to protect subscriber traffic). It is best characterized as a §103 reference against the firewall-containing pathway claims, not a clean §102 anticipation of independent claim 1 (which requires the SSD + subscriber configuration + SSG pathway/pass-through steering).
2.2 US 6,832,321 — America Online, "Public network access server having a user-configurable firewall"
- Citation: US 6,832,321 B1; filed 1999-11-02; granted 2004-12-14; America Online, Inc. (continuation US 8,011,000 B2).
- Description (verified): A server-side (ISP access-server) firewall that is user-configurable, expressly framed as an alternative to both "one-size-fits-all" enterprise firewalls and client-based firewalls. The access server maintains a user-changeable security setting per client and selectively grants/allows inbound access per that setting. The spec shows three predefined security settings — block all inbound connections; block inbound connections from unknown addresses; allow all inbound connections — plus a customizable advanced mode, and states the default is auto-selected if the user makes no choice.
- Potentially anticipates / renders obvious: This is the closest reference to the claimed graded, user-selectable firewall at the network/ISP level. It maps strongly onto claims 9–13: a set of selectable firewall "grades," where one grade blocks inbound connections not initiated by the user (the spec's "high" level) and another permits established/known connections. Also relevant to claims 1 and 2. Because it is ISP-server-based and user-configurable, it is a serious §102/§103 reference against the firewall-grading dependent claims even though it does not itself describe pathway demultiplexing.
2.3 US 5,889,958 — Livingston Enterprises, "Network access control system and process"
- Citation: US 5,889,958 A; filed 1996-12-20; granted 1999-03-30; Livingston Enterprises (the originator of RADIUS).
- Description (partially verified): An ISP-side access-control subsystem built from integrated software modules — a RADIUS module (with user profiles 46), a network access module, and a firewall filtering module — operating on the same communications servers/routers that user traffic traverses. It provides centralized, server-based content monitoring ("ChoiceNet"), offering both content-monitored ("kid") and unrestricted ("adult") accounts, and can redirect/deny access per user. It is explicitly ISP-oriented and profile-driven.
- Potentially anticipates / renders obvious: Claim 15 (network-side subscription/profile-based access control with content monitoring), claim 4 and claim 1 (content-filter feature; AAA/RADIUS profile-driven steering). Notably this reference is the same Willens/Livingston patent later asserted in re LinkSmart '118 reexaminations — confirming it is a workhorse §102/§103 reference in this exact field. Strongest §102(b) candidate for the profile-driven, network-side filtering concepts.
2.4 US 6,230,271 — Pilot Network Services, "Dynamic policy-based apparatus… using a fixed-path hardware configuration"
- Citation: US 6,230,271 B1; filed 1998-01-20; granted 2001-05-08; Pilot Network Services, Inc.
- Description (verified): A managed-firewall service appliance ("Device FW"). Explicitly addresses the scalability problem of offering managed firewall services to many customers. A security handler obtains customer security policies and enforces them via a plurality of packet-processing components with communications paths therebetween and configurable policy-enforcement means on those paths — i.e., different traffic paths within one physical configuration, each enforcing a selected policy (packet-filtered vs. application-filtered paths).
- Potentially anticipates / renders obvious: Claim 1 (managed, subscription-style, multi-path policy enforcement for many subscribers), claims 2/5/9 (firewall and content/application filtering on a pathway), and claim 14 (multiple components/communications paths). The "single physical configuration serving a wide range of per-customer policies" teaching is directly on point for the pathway-selection + per-subscriber configuration concept, making it the best §103 anchor for independent claim 1 alongside a pathway-selection reference.
2.5 US 5,845,091 — Bay Networks, "Forwarding … via a selected one of a plurality of paths"
- Citation: US 5,845,091 A; filed 1996-02-15; granted 1998-12-01; Bay Networks, Inc.
- Description (from title/record; full text not retrieved this run): Selection of one of a plurality of paths for forwarding internetwork packets to a destination — the generic network-layer mechanism underlying the claimed "route the user to a respective one of the security service pathways" step.
- Potentially anticipates / renders obvious: The pathway-selection mechanism of claim 1 and claim 15 step 6. By itself it does not involve security features, so it is a §103 reference to combine with a security-feature reference (e.g., 5,968,176 or 6,832,321), not a standalone §102 anticipation.
2.6 US 6,145,002 — Qwest, "System and method for accessing an internet service provider"
- Citation: US 6,145,002 A; filed 1997-11-14; granted 2000-11-07; Qwest Communications International.
- Description (from title/record): ISP-access/subscription provisioning methods — the network-side "sign the subscriber up, then provision their connectivity" model.
- Potentially anticipates / renders obvious: Claim 15 (storing a subscription profile and using it to govern connectivity), i.e., the "captive-portal + subscription-profile" environment. Relevant as a §103 reference for the method's provisioning steps.
2.7 US 5,848,233 — Sun Microsystems, "Method and apparatus for dynamic packet filter assignment"
- Citation: US 5,848,233 A; filed 1996-12-09; granted 1998-12-08; Sun Microsystems.
- Description (from title/record): Dynamic assignment of packet filters to network interfaces — i.e., per-user/per-flow filtering configuration, close in spirit to "configure the pathway as required for the user."
- Potentially anticipates / renders obvious: Claims 1 and 2 (dynamically configured firewall/packet filtering) and the pathway-configuration step of claim 15 step 6.
3. Secondary references (relevant to specific features)
| Reference | Date | Relevance | Claims potentially implicated |
|---|---|---|---|
| US 5,987,611 (Zone Labs) | 1996-12-31 / 1999-11-16 | Per-application management of Internet access (firewall/filter per application) for client computers | Claims 1, 4 (filtering/firewall feature) |
| US 6,178,505 (Internet Dynamics) | 1997-03-10 / 2001-01-23 | "Secure delivery of information in a network" — controlled/filtered content delivery to users | Claim 4 (content filter) |
| US 7,203,190 (Siemens) | 1998-10-01 / 2007-04-10 | Routing of traffic in a communication/data network (multiple-network routing) | Claims 1, 15 (traffic routing/steering) |
| US 5,845,091 (see §2.5) | 1996-02-15 / 1998-12-01 | Multi-path packet forwarding | Claims 1, 15 |
| US 2003/0072318 A1 (Nokia) | 2001-09-14 / 2003-04-17 | Packet forwarding; qualified only as §102(e) art (US application filed pre-priority, published post-priority) | Claims 1, 15 (forwarding), at most |
| US 6,393,481 (Worldcom) | 1997-10-06 / 2002-05-21 | Real-time service processing in an intelligent network (service selection/provisioning) | Claim 15 (service provisioning) — marginal |
4. Marginal / off-point references (cited but weak on the claims)
| Reference | Date | Why it is marginal |
|---|---|---|
| US 5,822,435 (Secure Computing, "Trusted path subsystem for workstations") | 1992-07-10 / 1998-10-13 | Host/workstation trusted-path security; not network-side pathway architecture |
| US 6,823,462 (IBM, "VPN with multiple tunnels associated with one group name") | 2000-09-07 / 2004-11-23 | VPN tunneling/group naming; no pathway/feature selection |
| US 6,853,988 (Security First, "Cryptographic server…") | 1999-09-20 / 2005-02-08 | Cryptographic-server interoperability; not firewall/filter/AV provisioning |
| US 6,954,790 (Interactive People Unplugged, "Network-based mobile workgroup system") | 2000-12-05 / 2005-10-11 | Mobile workgroup networking; no security-feature menu |
| US 7,176,791 (NEC, "Security verification method and device") | 2003-12-11 / 2007-02-13 | Date problem: on its face dated after the 2001-10-25 priority date, so it does not qualify as §102 prior art on the record shown (unless it carries an unlisted earlier priority — not shown). Treat as background only. |
Non-patent citations: the Cisco 6400 aggregator data sheet, the Log-On Data X-Stop ES2000, the Check Point FireWall-1 OPSEC specification, and the Trend Micro InterScan3 material are the commercial-product underpinnings of the spec's own enumerated units (concentrator, content filter, firewall, virus scanner). These are §102(a)/§102(b) "publicly available / printed publication" art that speaks to the individual components, not the claimed architecture — i.e., they are the reason the claims are architecture claims rather than component claims.
5. §102 anticipation mapping (summary)
| Claim(s) | Strongest single-reference candidate | Basis | Assessment |
|---|---|---|---|
| 1 (apparatus, all 6 elements) | US 6,230,271 (Pilot, multiple policy paths for many managed customers) or US 5,968,176 (3Com) | Multi-path/coordinated security for subscriber traffic | No clean §102 anticipation located. No single reference retrieved discloses the full combination (SSD + stored subscriber configuration + SSG that steers to SSD in "initialized state," then to a pathway or the pass-through router). Best attacked as §103 combinations. |
| 2, 5, 9 (firewall pathways / graded firewalls) | US 6,832,321 (AOL, user-configurable ISP firewall w/ 3 preset levels) + US 5,968,176 (3Com) | Network-side, user-configurable graded firewall | Strong §102/§103 against the grading claims (esp. 9–12/17–19). |
| 3, 7 (virus-scan pathway) | No strong single reference; Trend Micro InterScan3 NPS | Gateway virus scanning | §103 only (component art); note the architecture of a dedicated virus-scan pathway is the novelty. |
| 4 (content-filter pathway) | US 5,889,958 (Livingston/Willens, ISP-side centralized content monitoring) + US 6,178,505 | Server-side content filtering tied to profiles | §102(b)/§103 candidate for the filtering feature. |
| 11–13, 18–20 (low/med/high firewall definitions) | US 6,832,321 (AOL: block-all-inbound / block-unknown / allow-all) | Three preset user-selectable firewall levels incl. "block inbound not initiated by user" | Closest prior art of all; near-direct read on the high/medium/low gradations. |
| 14 (user-side and internet-side switches) | US 6,230,271 (multiple packet-processing components with communications paths therebetween) | Demux/remux across processing components | §103 candidate. |
| 15–20 (method) | US 5,889,958 + US 6,145,002 (ISP subscription) + US 5,845,091 (multi-path forwarding) | Profile-driven redirect to features / multi-path selection | §103 combination; the "captive portal → profile → pathway or pass-through" flow is the point of novelty. |
6. Honest limitations & confidence
- Verified via live retrieval this run: US 5,968,176, US 6,832,321, US 6,230,271, and US 5,889,958 abstracts/descriptions (and the record's citation metadata for all 17).
- Not retrieved in full this run (description drawn from title + citation record, and flagged as such): US 5,845,091, US 5,848,233, US 6,145,002, US 5,987,611, US 6,178,505, US 6,823,462, US 6,853,988, US 6,954,790, US 7,203,190, US 5,822,435, US 2003/0072318. I will not invent column/line support for these.
- Date flag: US 7,176,791 (NEC) is dated after the '029 priority date on the record shown and therefore is not §102 art on its face — worth verifying against any unlisted foreign priority.
- Legal status flag (carried forward from the earlier section): the patent is "Expired – Lifetime" with adjusted expiration 2024-12-31, which affects current enforceability but not the historical §102/§103 analysis above.
- No fabrication of claim-chart detail: I did not obtain the actual prosecution office actions, so the "claims potentially anticipated" column reflects my analysis of the references against the issued claim language — not a certified record of which claims the examiner actually rejected, nor a final anticipation conclusion. A definitive §102 call requires the full text of each reference.
If you want, I can produce a formal element-by-element §102 claim chart for claim 1 and the graded-firewall claims (9–13) against US 6,832,321 and US 5,968,176 specifically — those are the two references most likely to bear on patentability.
Generated 10/1/2026, 12:33:39 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
I'll verify key details of the cited prior art references before building the § 103 analysis, since the analysis must be grounded in what each reference actually discloses.
Let me verify the secondary references that bear on dynamic/per-user security assignment and ISP access architecture.
Obviousness Analysis — US 7,316,029 B1 under 35 U.S.C. § 103
I. Scope, framework, and evidence base
This section builds on the two previously generated sections (patent summary and litigation summary) and does not repeat the bibliographic, claim-1/claim-15 overview, or dependent-claim catalog already provided there. Where a fact from those sections is needed, I reference it without restating it.
Legal framework applied (pre-AIA, because the application was filed 2001-10-25):
- § 103(a) asks whether the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art (PHOSITA).
- Graham v. John Deere Co., 383 U.S. 1 (1966): scope/content of the prior art; differences between prior art and claims; level of ordinary skill; secondary considerations.
- KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007): a combination is obvious where it is "nothing more than the predictable use of prior-art elements according to their established functions"; motivation may come from design incentives, market demand, and "the background knowledge, creativity, and common sense of the person of ordinary skill."
- MPEP § 2144 rationales relied on below: (A) combining prior-art elements per known methods to yield predictable results; (B) simple substitution of one known element for another; (D) applying a known technique to a known device ready for improvement; (F) a "finite number of identified, predictable solutions."
- Because this is a pre-AIA patent, the "prior art" universe is bounded by § 102(a)/(b)/(e) as of 2001-10-25 (and the applicant's actual invention date, which is not in the record — see caveats in § VIII).
Evidence base used: the Citations (17) and Non-Patent Citations (4) listed on the patent's own Google Patents page (https://patents.google.com/patent/[US7316029B1](/patent/US7316029B1)/en), as supplemented by the retrieved texts of those references.
II. Which cited items actually qualify as prior art (a threshold issue that matters here)
Not everything the examiner listed can be used against every claim. I interpret the identifiers literally.
| Cited reference | Filed | Granted/Pub. | Usable against claim 1 (priority 2001-10-25)? |
|---|---|---|---|
| US 5,822,435 (Secure Computing) | 1992-07-10 | 1998-10-13 | Yes — § 102(b) |
| US 5,845,091 (Bay Networks) | 1996-02-15 | 1998-12-01 | Yes — § 102(b) |
| US 5,848,233 (Radia, Sun Microsystems) | 1996-12-09 | 1998-12-08 | Yes — § 102(b) |
| US 5,889,958 (Willens, Livingston) | 1996-12-20 | 1999-03-30 | Yes — § 102(b) |
| US 5,968,176 (Nessett & Sherer, 3Com) | 1997-05-28/29 | 1999-10-19 | Yes — § 102(b) |
| US 5,987,611 (Freund, Zone Labs) | 1996-12-31 | 1999-11-16 | Yes — § 102(b) |
| US 6,145,002 (Qwest) | 1997-11-14 | 2000-11-07 | Yes — § 102(a)/(b) |
| US 6,178,505 (Internet Dynamics) | 1997-03-10 | 2001-01-23 | Yes — § 102(a)/(e) |
| US 6,230,271 (Pilot Network Services) | 1998-01-20 | 2001-05-08 | Yes — § 102(a)/(e) |
| US 6,393,481 (Worldcom) | 1997-10-06 | 2002-05-21 | Yes — § 102(e) (filing predates priority) |
| US 6,832,321 (Barrett, AOL) | 1999-11-02 | 2004-12-14 | Yes — § 102(e) (per pre-AIA § 102(e), a U.S. patent granted on an application filed before the applicant's invention date is prior art; a pre-2001 filing date makes this its most probable status) |
| US 6,823,462 (IBM) | 2000-09-07 | 2004-11-23 | Yes — § 102(e) |
| US 6,853,988 (Security First) | 1999-09-20 | 2005-02-08 | Yes — § 102(e) |
| US 6,954,790 (Interactive People Unplugged) | 2000-12-05 | 2005-10-11 | Yes — § 102(e) |
| US 7,203,190 (Siemens) | 1998-10-01 | 2007-04-10 | Yes — § 102(e) |
| US 2003/0072318 A1 (Nokia) | 2001-09-14 | 2003-04-17 | Marginal — only if its filing predates the applicant's actual invention date |
| US 7,176,791 (NEC) | 2003-12-11 | 2007-02-13 | No — post-dates the priority date; cannot be used |
Non-patent citations (all usable as § 102(a)/(b) printed publications):
- Cisco Systems, Cisco 6400 Carrier-Class Broadband Aggregator Data Sheet (2000)
- Log-On Data, X-Stop ES2000
- OPSEC Check Point FireWall-1, Version 1.01 (Nov. 1998)
- Trend Micro, InterScan Virus protection and email management for the Internet gateway (2001)
Contradiction / discrepancy flagged literally
The patent's Detailed Description calls the content-filter box an "X-Stop™ R2000 available from Log-On Data Corporation," while the examiner's Non-Patent Citation is "Log-On Data X-Stop ES2000." I am not resolving which is correct; either way, both identify the same pre-2001 Log-On Data content-filter product line, so the discrepancy does not change the analysis. I also note the previously flagged "Werner, Shane W." / "WERNER, SHANE R." naming discrepancy is untouched here.
III. Level of ordinary skill in the art
A PHOSITA as of October 2001 would be a network/security engineer (B.S. in EE/CS plus ~2–4 years, or equivalent) with working knowledge of: IP networking and routing; RADIUS/AAA and user-profile databases; packet-filter firewalls and port-based rule sets; stateful inspection; NAT; gateway redirection and captive-portal authentication; content filtering (URL/keyword); and inline virus scanning (HTTP/FTP/SMTP, CVP integration). This is a systems-integration art, not a design-the-transistor art — which matters, because the patent's asserted novelty is an architecture that arranges known network security functions.
IV. The claim-1 architecture, element by element, against cited art
Claim 1 is an apparatus claim whose elements were each independently known. The chart below identifies the citing reference(s) that teach each element.
| Claim 1 element | Where the cited art teaches/suggests it |
|---|---|
| (a) "plurality of security service pathways each providing a respective combination of security service features" | US 5,968,176 (3Com) — "distributed firewall functions" across "a variety of network devices"; particular devices "enforce that part of the policy pertinent to their part of the network," across MAC/network/transport/application layers. US 6,230,271 (Pilot) — a managed-service apparatus in which "a single configuration of physical components can be configured to provide a wide range of security policy choices," supporting "a number of customers with widely varying security policies." |
| (b) "service selection dashboard allowing said user to select from a plurality of security service features" | US 5,889,958 (Willens) — ISP offers selectable accounts ("content monitored 'kid' Internet accounts as well as unrestricted 'adult' accounts") and value-added services (game service; "VIPguest"). US 5,987,611 (Freund) — a supervisor serves an interface for access-rule selection. |
| (c) "network management server … storing a subscriber configuration in response to said user selected security service features" | US 5,889,958 — RADIUS server 16 storing user profiles 46. US 5,848,233 — "SMS maintains a series of filtering profiles" per user. US 6,832,321 — access server "maintain[s] … a user-changeable security setting." |
| (d) "pass-through router for coupling said user traffic to said external internet independently of said security service pathways" | US 5,848,233 — the router is (re)configured with a filter; when no policy restricts the user, the router simply forwards. US 5,889,958 — firewall router 28 sits between the ISP network and Internet 26. A direct, unmediated path to the Internet is the default network behavior absent a policy. |
| (e) "service selection gateway coupled to said user for directing said user traffic to … said service selection dashboard, said pass-through router, or one of said security service pathways" | US 5,848,233 — ANCS/SMS "dynamically reconfigure[s]" the network components that forward packets from the client, and the same infrastructure first restricts and then re-points traffic. US 5,987,611 — "ISP authentication server 371 signals the POP server 320a to only allow limited access … and redirect all requests to a 'Sandbox' server." Cisco 6400 NPL — the concentrator/SSG is disclosed as already performing service selection and directing subscriber traffic. |
| (f) "security service router for coupling said plurality of security service pathways to said external internet" | US 5,968,176 — routers are among the policy-enforcing nodes. US 5,889,958 — firewall router at the Internet edge. |
| (g) "directs … to said service selection dashboard if said subscriber configuration is in an initialized state" | US 5,848,233 — the default login filtering profile is applied to "newly connected client systems [to] perform login, but nothing else." US 5,987,611 — unverified clients are redirected to a limited "Sandbox"/account-maintenance site. These are the functional equivalent of a captive portal/initialized state. |
| (h) "after initialization … directs … to a respective one of said security service pathways or to said pass-through router in response to said subscriber configuration" | US 5,848,233 — "[i]f the user login is successful, the SMS selects or generates a user filtering profile"; "different users may be allowed different access based on who the user is and what set of services the user has subscribed to." |
Observation: no single cited reference contains all of (a)–(h). Claim 1 is therefore a combination claim, and its validity turns on whether the combination was obvious. I believe it was, for the reasons in §§ V–VII.
V. Primary combination A — AOL '321 + Sun '233 (+ Livingston '958): claim 1 and claim 15
Why this is the natural primary combination
US 6,832,321 (Barrett, AOL) is the closest single reference to the patent's stated motivation. It expressly recognizes the very problem the '029 patent recites: client-based firewalls "require a certain amount of technical sophistication"; users "may be unable or unwilling to install a client-based firewall properly"; each user "must separately update that user's firewall"; and always-on broadband removes the security advantage of temporary IP addresses. Its solution is a server-based, ISP-side, user-configurable firewall in which the ISP "may respond to new threats … by implementing a response at a centrally managed location." That is precisely the rationale in the '029 specification ("relieved of the burden of selecting, installing, configuring, and maintaining software").
AOL '321 further discloses:
- a user-changeable security setting maintained at the access server, with three predefined settings ("block all inbound connections," "block inbound connections from unknown addresses," "allow all inbound connections") plus a customizable "Advanced" mode — i.e., selectable security levels;
- hiding the user's local IP address from the public network by substituting a "dynamically assigned host address" (a NAT-equivalent) — mapping to the '029 firewall's NAT function;
- blocking/allowing by connection, by packet, by address, and by connection type, and checking inbound connections against the stored setting — i.e., the policy-driven gateway concept.
Why '233 supplies the routing logic
US 5,848,233 (Radia, Sun) supplies the missing "initialized state → dashboard → post-login pathway" logic almost line-for-line in filter form:
- A default login profile applies to all newly connected clients and "allow[s] newly connected client systems to perform login, but nothing else" → claim 1's "initialized state" and claim 15's "directing a user to a captive portal."
- The SMS selects/generates a user filtering profile after successful login → claim 1's "after initialization … in response to said subscriber configuration" and claim 15's "storing a subscription profile … determining … which security service features to apply."
- The reference expressly frames the problem in the same ISP terms: "an internet service provider (ISP) may have users who connect, login, logoff … The ISP would like to control access to this dynamically changing set of users. Furthermore, different users may be allowed different access based on who the user is and what set of services the user has subscribed to."
- The filter is applied by reconfiguring the components of the network that forward packets … such as the router or the modem — a gateway/edge enforcement point.
Why '958 supplies the subscription/dashboard and AAA infrastructure
US 5,889,958 (Willens, Livingston) discloses an ISP access-control subsystem comprising a communications server, RADIUS server, and remote access server, in which the ISP offers selectable accounts and value-added services, stores user profiles, filters content centrally, and bills through RADIUS accounting. It even describes per-user rule sets applied by the server through which "users' traffic travels to get to the Internet," and a "central, server based permit list" that "cannot be tampered with by the end users" — the '029 "network management server storing a subscriber configuration."
Motivation to combine A
- Same field, same problem, same actor. All three are ISP/access-server security architectures addressing always-on subscribers; '321 expressly identifies the ISP as the competent party to operate security centrally.
- Complementary, non-overlapping disclosures. '321 has the user-configurable server-side firewall setting; '233 has the login-triggered, subscription-driven profile switch; '958 has the RADIUS/AAA store, menu of subscription services, and content filtering. Combining them yields the '029 architecture with no change in the respective functions of any element (KSR "predictable use … according to established functions").
- Market/design incentive. ISPs (including the patent's own assignee, Sprint, whose ION service the specification names) already operated service-selection gateways with RADIUS-backed subscription menus — the Cisco 6400 NPL expressly describes the SSG/SSD/AAA arrangement. Adding security features to that existing subscription menu is "applying a known technique to a known device ready for improvement" (MPEP § 2144(D)).
- Cost pressure. '271 and '321 both articulate cost/efficiency motivations identical to the '029 patent's stated goal of "lower cost than would be the case for user installations."
Conclusion for Combination A: claim 1 (and, with routine gateway redirection, claim 15) would have been obvious over '321 in view of '233 and '958.
VI. Primary combination B — 3Com '176 + Pilot '271 + AOL '321 + the four NPL appliance datasheets: the "plurality of pathways" and the feature mix (claims 2–8, 14)
This combination is the better fit for the pathway elements of claims 2–8 and 14.
What each supplies
| Element | Reference and teaching |
|---|---|
| Multiple security devices, each enforcing a different part of a common policy | US 5,968,176 (3Com) — "distributed firewall functions"; devices "enforce that part of the policy pertinent to their part of the network"; firewall placed not in a single node but distributed ("[t]ypically in the prior art, firewall functionality … is placed in single nodes … this approach does not scale well"). |
| A single hardware platform reconfigurable to many customers' differing policies | US 6,230,271 (Pilot) — "a single configuration of physical components can be configured to provide a wide range of security policy choices"; "allows a central service provider to install and maintain a collection of similar apparatus and support a number of customers with widely varying security policies"; explicitly addresses the "scalability" problem of offering "managed firewall services to many customers." |
| Firewall appliance | OPSEC Check Point FireWall-1, v1.01 (Nov. 1998) — the patent itself names FireWall-1 as the firewall software for units 45–47. |
| Content-filter appliance | Log-On Data X-Stop ES2000 — the patent itself names the X-Stop product. |
| Virus-scan appliance | Trend Micro InterScan (2001) — the patent itself names InterScan VirusWall. |
| Aggregation/SSG substrate | Cisco 6400 NPL — the concentrator the patent names as concentrator 11/20. |
Why the pathways and combinations are obvious
Once one accepts (as '176 and '271 teach) that security functions may be distributed across multiple cooperating devices under a central policy, arranging those devices into five discrete pipelines is an exercise in ordinary engineering:
- The individual appliances were commercial off-the-shelf products named in the patent itself, each performing a well-understood function (firewall, content filter, virus scan).
- Courts treat "arranging known elements in a known way to achieve a predictable result" as obvious (KSR). Placing a content filter before a firewall in an inline path, or scanning inbound traffic at a common CVP-style collector before it reaches several firewalls, are predictable topological choices with known trade-offs, and the patent itself concedes they are alternatives ("Alternatively, separate pathways containing a firewall but no content filter could be deployed").
- For claim 7 (content filter + virus scanner, no firewall) and claim 8 (all three), the finite enumerations follow from a 3-feature menu (2³ = 8 combinations); the patent claims only a subset. Where a "finite number of identified, predictable solutions" exists, § 103 forecloses the claim (KSR).
- For claim 2 (a pathway with a firewall), claim 3 (virus scanner), claim 4 (content filter), and claims 5–6 (paired combinations), each is directly met by the cited art, and the motivation to offer them separately is the cost-optimization rationale the patent itself asserts and '271 expressly discloses.
- Claim 14 (user-side switch + internet-side switch) — demultiplexing per-user traffic to parallel processing paths and re-multiplexing is conventional Ethernet switching; the patent names a Cisco Catalyst 6509 (a standard switch) and the Cisco 12000 series routers. No non-obvious structure is recited: the claim merely places stock switches at the input and output of the pathway bank. US 5,845,091 (Bay Networks), cited, is directed to forwarding packets "via a selected one of a plurality of paths" and reinforces the idea that path-selection/forwarding selection among parallel paths was known.
Motivation to combine B: '176 itself supplies the "why" — distributing firewall work across multiple devices "relieves … routers … of significant processing," "provides better scaling opportunities," and "prevents the emergence of choke points" (cf. '029's efficiency rationale). '271 supplies the multi-tenant managed-service motivation. The appliances are conceded by the applicant to be commercially available.
VII. The graded firewall — claims 9–13 (and 17–20) are the most vulnerable
The "three grades" are the feature the patent most clearly treats as inventive, yet they are the weakest under § 103 because they are explicitly disclosed as a triad in AOL '321, and the constituent rules were conventional.
US 6,832,321's three predefined settings map directly onto claims 10–13:
- "allow all inbound connections" (and block by default / by connection type) — the lowest protection;
- "block inbound connections from unknown addresses" — a middle grade (stateful, permits return traffic from previously contacted hosts);
- "block all inbound connections" — the highest inbound protection;
- plus "Advanced" customization for "particular addresses[,] … certain types of connections … and/or … any other conditions."
Claim 11 (low = outgoing port blocking, e.g., FTP-data 20, Telnet 23, SMTP 25): blocking outbound TCP ports is the paradigmatic packet-filter rule; '176 expressly discloses "transport layer functions, such as filtering" and "application layer functions such as filtering" under policy, and Check Point FireWall-1 (NPL) is a stateful rule-based filter. No PHOSITA would regard "block outbound port 23" as non-obvious.
Claim 12 (medium = both directions): '321 expressly teaches blocking inbound and related outbound contexts; combining directionality across the same rule set is a simple substitution of a known element (KSR; MPEP § 2144(B)).
Claim 13 (high = outgoing port blocking + block all inbound not user-initiated): this is the classic "stateful firewall" default-deny-inbound posture. '321 discloses allowing inbound "if an outbound connection was previously established by the client computer with the outside computer" — the functional definition of user-initiated traffic — and the "block all inbound" preset.
Because the three grades differ only by how many of the same, known filter rules are enabled, the gradation itself is a design choice among a finite set of predictable options, with the acknowledged trade-off (the '029 specification admits the Low grade is chosen to preserve H.323 video/audio/data conferencing, i.e., a functionality/security trade-off a POSITA would weigh). That is textbook § 103.
VIII. Method claim 15 and dependent method claims 16–20
Claim 15 adds nothing beyond claim 1 operated as a sequence. Each step is met:
- "directing a user to a captive portal" ← '233's default login profile that permits "login, but nothing else"; '611's "Sandbox" redirection by the ISP authentication server.
- "presenting security service features" ← '958's menu of monitored/unrestricted accounts and value-added services.
- "storing a subscription profile … selected … through said captive portal" ← '958's RADIUS user profiles (and RADIUS is expressly identified in the '029 specification).
- "receiving user traffic … at a service selection gateway" ← Cisco 6400 NPL / '233's ANCS-and-router model.
- "determining from said subscription profile which security service features to apply" ← '233's SMS selecting the user filtering profile "based on … what set of services the user has subscribed to."
- "re-directing … to a particular security service pathway … or … to a pass-through router" ← '233's reconfiguration of the forwarding components; '176's distributed enforcement nodes; redirecting to an alternate destination is old in the access-control art (and the patent's own cited art in the same family, e.g., the reexamination record for US 5,889,958, repeatedly shows redirection-to-alternate-destination being applied against "individualized rule set" claims).
Claims 16–20 merely re-express pages 2–8 and 9–13 in method form and rise or fall with them.
IX. Anticipated counterarguments, and where this case is weakest
I am identifying the strongest non-obviousness arguments so the analysis is not one-sided:
No single reference teaches routing away to a different physical pathway. '233 reconfigures a single forwarding point with different rules; it does not select among physically separate processing paths. Rebuttal: '176 and '271 supply multi-device/multi-path security enforcement, and '029's pathways are just parallel appliance chains, not a new machine. Also, '029's claim 14 admits the pathway bank is bounded by ordinary Ethernet switches (the Cisco Catalyst 6509 and 12000 named in the specification) — argument for the "nothing more than predictable arrangement" rationale.
The specific 5-pathway taxonomy (33–37) with a shared CVP virus-scan module 50. This is the most "architectural" element. Rebuttal: the patent concedes alternatives ("Alternatively, separate pathways … could be deployed"), and the CVP approach is a standard Check Point integration (the NPL cites "OPSEC Check Point FireWall-1"), so the CVP collector is itself a known, documented interfacing technique.
Secondary considerations (objective indicia). No evidence in the record of unexpected results, long-felt but unmet need, commercial success with nexus, copying, or industry praise is established by the patent file. Absent such evidence, the § 103 case is not offset. If the patent owner were to assert commercial success of an ISP security offering, a nexus would have to be proven against the claimed combination (not merely the accused feature).
§ 102(e) timing risk for US 6,832,321. Because the '321 patent is being used only as § 102(e) art, its availability depends on the applicant's actual invention date (pre-AIA). If the applicants could swear behind 1999-11-02 (unlikely given a 2001-10-25 filing with no earlier priority claim shown in the record), '321 would drop out. However, the combination survives without '321, because '233 + '958 + '176 + '271 + the four NPL datasheets independently supply every element of claims 1–20; '321's chief value is the three-grade teaching for claims 10–13, which is otherwise supplied by conventional stateful-firewall practice and the FireWall-1 NPL.
Teaching away. I find no teaching away. '321's criticism is of client-based firewalls, which supports, not discourages, the network-side architecture; nothing in '176 or '271 discourages multiple policy-distinct pathways.
X. Bottom line
| Claims | Strongest § 103 combination | Confidence |
|---|---|---|
| 1, 15 | US 6,832,321 (AOL) + US 5,848,233 (Sun/Radia) + US 5,889,958 (Livingston/Willens), optionally + Cisco 6400 NPL | High |
| 2–8 | Any of the above + US 5,968,176 (3Com) + Log-On Data X-Stop, Trend Micro InterScan, Check Point FireWall-1 NPLs; for combinations, KSR "finite predictable solutions" + patent's own admission of alternatives | High |
| 9, 10, 14 | Same + US 6,230,271 (Pilot) (single platform → many customer policies) and US 5,845,091 (Bay Networks) (selected one of a plurality of paths) | High |
| 11–13 (and 18–20) | US 6,832,321's three predefined inbound settings + "Advanced" customization, + FireWall-1 NPL (stateful port rules); gradation = design choice | High for 11–12; Moderate–High for 13 |
| 16, 17 | Fall with 2–8 and 9–13 | High |
Overall assessment: Every element of the two independent claims was known and in the same field by October 2001, and the recited architecture is an aggregation of off-the-shelf network security appliances (FireWall-1, X-Stop, InterScan — all named by the applicant) arranged around a RADIUS/AAA subscription substrate that the assignee itself was already operating (the Cisco 6400/SSG/SSD arrangement in the specification). The strongest motivations — ISP-side central management ('321), login-triggered per-subscription policy switching ('233), selectable ISP subscription services with RADIUS billing ('958), distributed/parallel security enforcement ('176), and single-platform multi-customer configurability ('271) — are all in the cited art and all point the same way. I assess claims 1 and 15, and most dependents, as likely obvious under § 103, with the practical caveat below.
Caveats I want on the record:
- This is a technical patent-analyst assessment, not a legal opinion; it does not account for any prosecution-history amendments, any terminal disclaimer, or any claim-construction positions the owner might take.
- The pre-AIA invention date is not established by the record I have; § 102(e)-based references (notably '321, '233-adjacent items, '332 is not § 102(b)) depend on it.
- I could not retrieve full texts for US 6,145,002 (Qwest), US 6,178,505 (Internet Dynamics), or US 6,393,481 (Worldcom) within my search budget; my characterizations of those three rest on their titles/classification rather than verified disclosure, and I have not relied on them for any element mapping above.
- Consistent with the earlier section's negative finding: US 7,316,029 is expired (adjusted expiration 2024-12-31), so this obviousness analysis is of validity/defensive interest rather than of live infringement exposure.
Generated 10/1/2026, 12:34:05 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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