DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Election/Restrictions
Applicant’s election without traverse of Group I claims 23-35 in the reply filed on 04/13/2026 is acknowledged.
Claim Objections
Claims 36-41 are objected to because of the following informalities: claim status indicators for claims 36-41 should be “(Withdrawn)” as they are non-elected claims. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 23 – 35 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. US9461960B2 (or application #13/757,594). Although the claims at issue are not identical, they are not patentably distinct from each other because both instant application and Pat’960 claim resolve network address at a local host before sending the request to a global host.
Claim 23
Claim 1 and claim 2
23. For a network controller for managing hosts in a network, a method for configuring a host to resolve network addresses, the method comprising:
configuring an address resolution module in a host to resolve a network address; and
(ii) forward packets using the resolved network address.
configuring a managed forwarding element in the host to (i) avoid sending a request to resolve the network address to another host by using the address resolution module to resolve the network address
1. For a managed forwarding element (MFE) that operates in a host machine to implement a plurality of logical networks for a plurality of machines operating on the host machine, a method comprising:
at the MFE, receiving a packet from a particular machine operating on the host machine;
at the MFE, performing logical L2 switching for a first logical L2 domain to which the particular machine belongs to logically send the packet to a logical port that couples to a logical router;
while performing logical L3 routing for the logical router at the MFE, determining that a destination network address of the packet requires address resolution;
using an address resolution module operating on the host machine to resolve the network address; and
forwarding the packet using the resolved network address.
2. The method of claim 1, wherein using the address resolution module to resolve the network address avoids sending an address resolution protocol (ARP) request.
24. The method of claim 23, wherein the request to resolve the network address is an address resolution protocol (ARP) request.
2. The method of claim 1, wherein using the address resolution module to resolve the network address avoids sending an address resolution protocol (ARP) request.
25. The method of claim 23 further comprising configuring the address resolution module to maintain and use a list of address pairs, wherein each pair in the list includes a first address and a second address, the first address being an address to resolve, the second address being an address to which the first address is to be resolved.
3. The method of claim 1, wherein the address resolution module maintains and uses a list of address pairs, wherein each pair in the list includes a first address and a second address, the first address being an address to resolve, the second address being an address to which the first address is to be resolved.
26. The method of claim 25, wherein the first address is a network layer address and the second address is a data link layer address.
4. The method of claim 3, wherein the first address is a network layer address and the second address is a data link layer address.
27. The method of claim 25, wherein the first address is an Internet Protocol (IP) address and the second address is a Media Access Control (MAC) address.
5. The method of claim 3, wherein the first address is an Internet Protocol (IP) address and the second address is a Media Access Control (MAC) address.
28. The method of claim 25 further comprising configuring the address resolution module to send an address resolution protocol (ARP) request to other hosts in the network to obtain an address to which to resolve the network address when the list does not include an address pair that includes the network address.
6. The method of claim 3, wherein the address resolution module sends an address resolution protocol (ARP) request to other host machines to obtain an address to which to resolve the network address when the list does not include an address pair that includes the network address.
29. The method of claim 24, wherein the host is a first host and the list is a local list, the method further comprising:
configuring, in a second host, a global address resolution module to maintain and use a global list of address pairs that are collected from other hosts in the set of hosts; and
configuring the address resolution module to ask the global address resolution module for an address to which to resolve the network address when the local list of the first host does not include an address pair that in includes the network address.
7. The method of claim 3, wherein (i) the host machine is a first host machine and the list of address pairs is a local list, (ii) a second host machine comprises a global address resolution module to maintain and use a global list of address pairs that are collected from other host machines, and (iii) the address resolution module asks the global address resolution module for an address to which to resolve the network address when the local list of the first host does not include an address pair that includes the network address.
30. The method of claim 29 further comprising configuring the global address resolution module to send an address resolution protocol (ARP) request to other hosts in the set of hosts to obtain an address to which to resolve the network address when the global list does not include an address pair that includes the network address.
8. The method of claim 7, wherein the global address resolution module sends an address resolution protocol (ARP) request to other host machines to obtain an address to which to resolve the network address when the global list does not include an address pair that includes the network address.
31. The method of claim 29 further comprising configuring the address resolution module to create or update a particular address pair and update the local list with the particular address pair.
9. The method of claim 7, wherein the address resolution module creates a new address pair and updates the local list with the new address pair upon receiving a resolved address from the global address resolution module.
32. The method of claim 31, wherein the particular address pair is created or updated when a virtual machine is provisioned in or migrated into the first host.
10. The method of claim 3, wherein the address resolution module creates a new address pair when a new virtual machine is provisioned in or migrated to the host machine.
33. The method of claim 31 further comprising configuring the address resolution module to send the particular address pair to the global address resolution module.
11. The method of claim 10, wherein the address resolution module sends the new address pair to a global address resolution module used by address resolution modules at a plurality of host machines.
34. The method of claim 23, wherein using the address resolution module to resolve the network address comprising sending a flow entry that includes the network address, wherein configuring the address resolution module comprises configuring the address resolution module to (i) modify the flow entry to include the resolved network address and (ii) send the modified flow entry to the managed forwarding element.
12. The method of claim 1, wherein using the address resolution module to resolve the network address comprises:
sending a flow entry that includes the network address to the address resolution module; and
receiving, from the address resolution module, a modified flow entry that includes the resolved network address.
35. The method of claim 23, wherein the address resolution module and the managed switching element are separate software applications running in the host.
13. The method of claim 1, wherein the address resolution module and the managed forwarding element are separate software applications running in the host machine.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on sale in this country, more than one year prior to the date of application for patent in the United States.
Claim(s) 23 – 28 and 34 – 35 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by Nordmark US20080151893A1, hereinafter Nordmark.
Regarding claim 23, Nordmark teaches for a network controller for managing hosts in a network, a method for configuring a host to resolve network addresses, the method comprising:
(Nordmark: Summary, Fig. 1-4 and para. [0052])
configuring an address resolution module in a host to resolve a network address; and
(Nordmark: para. [0052 & 0047] figures 3 and 4 where address translation module 425 is part of routing module 400 in the host 330)
configuring a managed forwarding element in the host to (i) avoid sending a request to resolve the network address to another host by using the address resolution module to resolve the network address and (ii) forward packets using the resolved network address. (Nordmark: para. [0052] and figures 3-4 The address translation utility 425 rewrites the source and/or destination addresses of packets as they pass though the routing module 400 providing the determined destination address as routing module provide routing, thereby without having to send ARP request to another host)
Regarding claim 24, Nordmark teaches the method of claim 23, wherein the request to resolve the network address is an address resolution protocol (ARP) request. (Nordmark: para. [0052] and figure 4 The address translation utility 425 rewrites the source and/or destination addresses of packets as they pass though the routing module 400 providing the determined destination address as routing module provide routing, thereby without having to send ARP request to another host)
Regarding claim 25, Nordmark teaches the method of claim 23 further comprising configuring the address resolution module to maintain and use a list of address pairs, wherein each pair in the list includes a first address and a second address, the first address being an address to resolve, the second address being an address to which the first address is to be resolved. (Nordmark: para. [0052] and figure 4 The address translation utility 425 rewrites the source and/or destination addresses of packets as they pass though the routing module 400 providing the determined destination address as routing module provide routing, para. [0054& 0055] routing table for enabling address resolution and translation, e.g. IP addresses, MAC addresses)
Regarding claim 26, Nordmark teaches the method of claim 25, wherein the first address is a network layer address and the second address is a data link layer address.
(Nordmark: para. [0025 & 0055] vNIC is associated with one or more IP addresses one or more MAC addresses)
Regarding claim 27, Nordmark teaches the method of claim 25, wherein the first address is an Internet Protocol (IP) address and the second address is a Media Access Control (MAC) address. (Nordmark: para. [0025 & 0055] vNIC is associated with one or more IP addresses one or more MAC addresses)
Regarding claim 28, Nordmark teaches the method of claim 25 further comprising configuring the address resolution module to send an address resolution protocol (ARP) request to other hosts in the network to obtain an address to which to resolve the network address when the list does not include an address pair that includes the network address. (Nordmark: para. [0051] an ARP request is broadcast by the first host and received by the second host, which replies with the missing information)
Regarding claim 34, Nordmark teaches the method of claim 23, wherein using the address resolution module to resolve the network address comprising sending a flow entry that includes the network address, wherein configuring the address resolution module comprises configuring the address resolution module to (i) modify the flow entry to include the resolved network address and (ii) send the modified flow entry to the managed forwarding element. (Nordmark: para. [0052] and figure 4 The address translation utility 425 rewrites the source and/or destination addresses of packets as they pass though the routing module 400 providing the determined destination address as routing module provide routing)
Regarding claim 35, Nordmark teaches the method of claim 23, wherein the address resolution module (Nordmark: Fig. 4 address resolution utility 420 of Routing Module 400/328/326) and the managed switching element (Nordmark: para. [0022] virtual switch (350) and Fig.3) are separate software applications running in the host (Nordmark: para. [0022] host (330) and Fig.3).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that 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 to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under pre-AIA 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim 29 – 33 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Armstrong et al. US20110264610A1, hereinafter Armstrong.
Regarding claim 29, Nordmark teaches the method of claim 24, wherein the host is a first host and the list is a local list, (Nordmark: para. [0054 & 0055] routing table for enabling address resolution and translation, e.g. IP addresses, MAC addresses) the method further comprising:
configuring, in a second host, a global address resolution module
(Nordmark: para. [0029] global container includes a number of non-global containers, and para. [0054 & 0055] routing table for enabling address resolution and translation, e.g. IP addresses, MAC addresses); and
configuring the address resolution module to ask the global address resolution module for an address to which to resolve the network address when the local list of the first host does not include an address pair that in includes the network address. (Nordmark: para. [0051] an address resolution utility sends an ARP request is broadcast by the first host and received by the second host, which replies with the missing information).
It is noted that Nordmark do not specifically disclose: a global address resolution module to maintain and use a global list of address pairs that are collected from other hosts in the set of hosts.
However, Armstrong from the same or similar fields of endeavor teaches the use of: a global address resolution module to maintain and use a global list of address pairs (Armstrong: para. [0035] global forwarding table allows future queries to retrieve the correct routing information) that are collected from other hosts in the set of hosts (Armstrong: para. [0023 & 0079-0080] global forwarding table includes multitude of entries such as MAC addresses data that has been recognized by bridge elements). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to use the global forwarding table which include address data, e.g., MAC addresses, logical network identifier, a VLAN identifier that has been recognized by bridge elements and that has been registered with the controlling bridge 304 as taught by Armstrong in the method of Nordmark. One of ordinary skill in the art would be motivated to do so for automatic address data learning and registration in manner that may increase routing efficiency (Armstrong: para. [0010]).
Regarding claim 30, Nordmark and Armstrong teaches the method of claim 29 further comprising configuring the global address resolution module to send an address resolution protocol (ARP) request to other hosts in the set of hosts to obtain an address to which to resolve the network address when the global list does not include an address pair that includes the network address. (Nordmark: para. [0051] an address resolution utility sends an ARP request is broadcast by the first host and received by the second host, which replies with the missing information)
Regarding claim 31, Nordmark and Armstrong teach the method of claim 29, Nordmark does not explicitly teaches: further comprising configuring the address resolution module to create or update a particular address pair and update the local list with the particular address pair.
However, Armstrong from the same or similar fields of endeavor teaches the use of: further comprising configuring the address resolution module to create or update a particular address pair and update the local list with the particular address pair (Armstrong: para. [0043-0044] local bridge element query a global forwarding table 411 of controlling bridge 448 for the address data, where bridge element responds to a query with requested address data and bridge element 426 may cache the received address data for future use. para. [0036] when a virtual machine moves from an external location to an internal address, the bridge element that is assigned the VM may discover the new source address using its Ethernet-source address table. That bridge element may then notify the controlling bridge of the new address). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to use the global forwarding table which include address data, e.g., MAC addresses, logical network identifier, a VLAN identifier that has been recognized by bridge elements and that has been registered with the controlling bridge 304 as taught by Armstrong in the method of Nordmark. One of ordinary skill in the art would be motivated to do so for automatic address data learning and registration in manner that may increase routing efficiency (Armstrong: para. [0010]).
Regarding claim 32, Nordmark and Armstrong teach the method of claim 31, Nordmark does not explicitly teach: wherein the particular address pair is created or updated when a virtual machine is provisioned in or migrated into the first host.
However, Armstrong from the same or similar fields of endeavor teaches the use of: wherein the particular address pair is created or updated when a virtual machine is provisioned in or migrated into the first host. (Armstrong: para. [0036] when a virtual machine moves from an external location to an internal address, the bridge element that is assigned the VM may discover the new source address using its Ethernet-source address table. That bridge element may then notify the controlling bridge of the new address). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to use the global forwarding table which include address data, e.g., MAC addresses, logical network identifier, a VLAN identifier that has been recognized by bridge elements and that has been registered with the controlling bridge 304 as taught by Armstrong in the method of Nordmark.One of ordinary skill in the art would be motivated to do so for automatic address data learning and registration in manner that may increase routing efficiency (Armstrong: para. [0010]).
Regarding claim 33, Nordmark teaches the method of claim 31 Nordmark does not explicitly teach: further comprising configuring the address resolution module to send the particular address pair to the global address resolution module.
However, Armstrong from the same or similar fields of endeavor teaches the use of: further comprising configuring the address resolution module to send the particular address pair to the global address resolution module. (Armstrong: para. [0043-0040] the controlling bridge 448 include a global forwarding table 411 that includes stored address data, which may be continuously updated by the bridge elements 426, 428, 430, and 432, and allow for future user. para. [0036] when a virtual machine moves from an external location to an internal address, the bridge element that is assigned the VM may discover the new source address using its Ethernet-source address table. That bridge element may then notify the controlling bridge of the new address). Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to use the global forwarding table which include address data, e.g., MAC addresses, logical network identifier, a VLAN identifier that has been recognized by bridge elements and that has been registered with the controlling bridge 304 as taught by Armstrong in the method of Nordmark.One of ordinary skill in the art would be motivated to do so for automatic address data learning and registration in manner that may increase routing efficiency (Armstrong: para. [0010]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please also see PTO-892.
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/WUTCHUNG CHU/Primary Examiner, Art Unit 2418
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