DETAILED ACTION
Status of Claims
This action is in reply to the application filed on 09/15/2023.
Claims 1-20 are currently pending and have been examined.
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 time-wise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A non-statutory 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 non-statutory 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 16 of the instant Application (“AppClaims”) are rejected on the ground of non-statutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 12,445,419 B2 (“PatClaims”) because they are not patentably distinct as shown in the mapping below.
AppClaim 16 Anticipated by --------------->
Broader claim only difference omits limitations in PatClaim.
A method, comprising:
creating a first virtual private label cloud (vPLC) for a first reseller based upon a cloud service provider (CSP)-provided infrastructure in a region, wherein creating the first vPLC comprises allocating a first portion of the CSP-provided infrastructure to the first vPLC;
creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a second portion of the CSP-provided infrastructure to the second vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller; and
using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller.
PatClaim 1
A method, comprising:
creating a first virtual private label cloud (vPLC) for a first reseller based upon a cloud service provider (CSP)-provided infrastructure in a region, wherein creating the first vPLC comprises allocating a first portion of the CSP-provided infrastructure to the first vPLC;
creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a second portion of the CSP-provided infrastructure to the second vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller;
…
Claims 1-15 and 17-20 of the instant Application (“AppClaims”) are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1 and 16 of U.S. Patent No. US 12,445,419 B2 (“PatClaims”) in view of Milojicic et al. (US 2013/0111027 A1, cited in 04/11/2024 IDS) because they are not patentably distinct as shown in the mapping below.
AppClaim 1 Obvious over ----------------->
A method comprising:
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
PatClaim 1 in view of Milojicic
A method comprising:
…a cloud service provider (CSP)-provided infrastructure in a region
creating a first virtual private label cloud (vPLC) for a first reseller based upon a cloud service provider (CSP)-provided infrastructure in a region, wherein creating the first vPLC comprises allocating a first portion of the CSP-provided infrastructure to the first vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
PatClaim 1 doesn’t recite using a first portion of CSP-provided infrastructure to provide one or more CSP-offered cloud services to one or more customers of the CSP.
However, limitation merely recites old and well-known method of operating CSP infrastructure; see Milojicic ¶0007, 0010.
Would have been obvious to one of ordinary skill in the art to provide cloud service(s) to customers to income from direct sales (Milojicic ¶0007).
AppClaim 2 Obvious over --------------------->
Limitation recited.
creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a third portion of the CSP-provided infrastructure to the second vPLC; and
using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller
PatClaim 1 in view of Milojicic
creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a second portion of the CSP-provided infrastructure to the second vPLC;
using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller
AppClaim 3, 4, 6-10 Obvious over ------------>
Limitations recite various characteristics of the CSP-provided infrastructure which are old and well-known and disclosed by Milojicic.
PatClaim 1 in view of Milojicic
Milojicic ¶0010-0012, 0036
AppClaim 5 Obvious over --------------------->
Limitation implicitly taught by PatClaim 1; disclosed by Milojicic.
wherein the first reseller-offered cloud services are based upon at least one of the CSP-offered cloud services
PatClaim 1 in view of Milojicic
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller
CSP services being ‘resold’; see also Milojicic ¶0008
AppClaim 11 Obvious over ----------------->
System claim embodiment, see mapping/ explanation for AppClaim 1 above.
PatClaim 16 in view of Milojicic
AppClaim 12-15 Obvious over ---------------->
See mapping/explanation for AppClaim 2-10 above.
PatClaim 16 in view of Milojicic
AppClaim 17-20 Obvious over ---------------->
See mapping/explanation for AppClaim 2-10 above.
PatClaim 1 in view of Milojicic
Claim 1 and 11 of the instant Application (“AppClaims”) are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 11 of copending Application No. 18/468,037 (“RefAppClm”). The claims are not patentably distinct as shown in the mapping below. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
AppClaim 1 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A method, comprising:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 1
A method comprising:
using a first portion of a cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC;
using the first vPLC to provide a first subset of first reseller-offered cloud services to one or more customers of the first reseller;
…
AppClaim 11 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A system, comprising:
one or more processors; and
one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to:
use a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
create a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
use the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 11
A system comprising:
one or more processors; and
one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to:
use a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
create a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC;
use the first vPLC to provide a first subset of first reseller-offered cloud services to one or more customers of the first reseller;
…
Claim 1 and 11 of the instant Application (“AppClaims”) are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 17 of copending Application No. 18/368,870 (“RefAppClm”). The claims are not patentably distinct as shown in the mapping below. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
AppClaim 1 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A method, comprising:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 1
A method, comprising:
using a first portion of a cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
…
AppClaim 11 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A system, comprising:
one or more processors; and
one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to:
use a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
create a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
use the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 17
A system, comprising:
one or more processors; and
one or more computer readable media storing computer-executable instructions that, when executed by the one or more processors, cause the system to perform operations comprising:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
…
Claim 1 and 11 of the instant Application (“AppClaims”) are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 and 16 of copending Application No. 18/468,047 (“RefAppClm”). The claims are not patentably distinct as shown in the mapping below. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
AppClaim 1 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A method, comprising:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
creating a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 1
A method, comprising:
using a first portion of the CSP-provided infrastructure in the first region to provide one or more CSP-offered cloud services to one or more customers of a CSP;
creating a first virtual private label cloud (vPLC) for a first reseller in the first region, wherein creating the first vPLC comprises allocating a second portion of the plurality of portions of the CSP-provided infrastructure to the first vPLC;
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
…
AppClaim 11 Anticipated by --------------->
Broader claim only difference omits limitations in RefAppClm.
A system, comprising:
one or more processors; and
one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to:
use a first portion of cloud service provider (CSP)-provided infrastructure in a first region to provide one or more CSP-offered cloud services to one or more customers of the CSP;
create a first virtual private label cloud (vPLC) for a first reseller based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion of the CSP-provided infrastructure to the first vPLC; and
use the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller.
RefAppClm 16
A system comprising:
one or more processors; and
one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to:
use a first portion of the CSP-provided infrastructure in the first region to provide one or more CSP-offered cloud services to one or more customers of a CSP;
create a first virtual private label cloud (vPLC) for a first reseller in the first region, wherein creating the first vPLC comprises allocating a second portion of the plurality of portions of the CSP-provided infrastructure to the first vPLC;
use the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller;
…
Claim Rejections – 35 USC § 102
The following is a quotation of the appropriate paragraphs of 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 –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Milojicic et al. (US 2013/0111027 A1, cited in 04/11/2024 IDS).
Claims 1 and 11:
Milojicic discloses the limitations as shown in the following rejections:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region (e.g. geographically collocated partition) to provide one or more CSP-offered cloud services to one or more customers of the CSP (¶0007, 0010-0011), “cloud service providers may offer the computing resources enabled by their cloud computing environments to customers in the general public in exchange for payments” (¶0007).
creating a first virtual private label cloud (vPLC) for a first reseller (Value Added Reseller (VAR)) based upon the CSP-provided infrastructure, wherein creating the first vPLC comprises allocating a second portion (reservation) of the CSP-provided infrastructure to the first vPLC (¶0008, 0016-0019, 0037-0039), “the VAR purchases the right to use physical resources in the partition for a temporary period of time. As a result, the VAR acquires the physical resources in the partition” (¶0019).
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller (¶0022-0026, 0040-0043), “The VAR can resell use of the pool of physical resources to customers or end-users as value added features” (¶0022).
[Claim 11] one or more processors; and one or more non-transitory computer readable media storing computer-executable instructions that, when executed by the one or more processors of a computing system, cause the system to…(¶0010-0011, 0035).
Claims 2 and 12:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses (¶0008, 0062, 0063) multiple VARs, and accordingly discloses the limitations under the same essential rationale as described for the first vPLC above: creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a third portion of the CSP-provided infrastructure to the second vPLC (¶0008, 0016-0019, 0037-0039); and using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller (¶0022-0026, 0040-0043).
Claims 3, 4 and 13:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the CSP-provided infrastructure is organized as a plurality of data centers of the CSP in the first region…wherein the CSP-provided infrastructure is organized as a single data center of the CSP in the first region (¶0010-0011).
Claims 5 and 14:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first reseller-offered cloud services are based upon at least one of the CSP-offered cloud services (¶0008, 0010, 0012, 0027-0030, 0055-0056).
Claims 6 and 15:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the second portion of the CSP-provided infrastructure comprises at least one compute resource or a memory resource (¶0011-0013, 0036).
Claim 7:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises a first rack, the first rack comprising a first plurality of servers; and the second portion of the CSP-provided infrastructure comprises a second rack separate from the first rack, the second rack comprising a second plurality of servers (¶0011, 0013, 0036, 0042, 0050, 0058) disclosing VAR resources, including server racks, are reserved for their (customer) use and are thus separate from the resources used to provide service to general public users.
Claim 8:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises a first server in a first rack; and the second portion of the CSP-provided infrastructure comprises a second server in the first rack (¶0011, 0013, 0036, 0042, 0050, 0058).
Claim 9:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises a first hypervisor executed by a server on a rack; and the second portion of the CSP-provided infrastructure comprises a second hypervisor executed by the server on the rack (¶0010, 0013, 0036, 0050, 0055, 0058) disclosing “cloud 101 is configured to enable virtual machines and virtual storage resources to be implemented on top of physical resources such that end users of cloud 101 are able to instantiate and use such virtual machines” (¶0010) implicitly disclosing hypervisors to run the VMs.
Claim 10:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion comprises a first set of memory resources from the CSP-provided infrastructure and the second portion comprises a second set of memory resources (reserved resources) from the CSP-provided infrastructure, wherein the first set of memory resources is different from the second set of memory resources (¶0007, 0011-0012, 0019, 0036) disclosing VAR resources are reserved for their (customer) use and are thus different from the resources used to provide service to general public users.
Claim 16:
Milojicic discloses the limitations as shown in the following rejections:
using a first portion of cloud service provider (CSP)-provided infrastructure in a first region (e.g. geographically collocated partition) to provide one or more CSP-offered cloud services to one or more customers of the CSP (¶0007, 0010-0011), “cloud service providers may offer the computing resources enabled by their cloud computing environments to customers in the general public in exchange for payments” (¶0007).
creating a first virtual private label cloud (vPLC) for a first reseller (Value Added Reseller (VAR)) based upon a cloud service provider (CSP)-provided infrastructure in a first region (e.g. geographically collocated partition) , wherein creating the first vPLC comprises allocating a first portion (reservation) of the CSP-provided infrastructure to the first vPLC (¶0008-0011, 0016-0019, 0037-0039), “the VAR purchases the right to use physical resources in the partition for a temporary period of time. As a result, the VAR acquires the physical resources in the partition” (¶0019).
using the first vPLC to provide one or more first reseller-offered cloud services to one or more customers of the first reseller (¶0022-0026, 0040-0043), “The VAR can resell use of the pool of physical resources to customers or end-users as value added features” (¶0022).
Milojicic further discloses (¶0008, 0062, 0063) multiple VARs (resellers), and accordingly discloses the limitations under the same essential rationale as described for the first vPLC above: creating a second vPLC for a second reseller based upon the CSP-provided infrastructure, wherein creating the second vPLC comprises allocating a second portion of the CSP-provided infrastructure to the second vPLC (¶0008, 0016-0019, 0037-0039)…using the second vPLC to provide one or more second reseller-offered cloud services to one or more customers of the second reseller (¶0022-0026, 0040-0043).
Claim 17:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses the CSP-provided infrastructure is organized as one or more data centers of the CSP in the region (¶0010-0011).
Claim 18:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises at least one compute resource or a memory resource, and the second portion of the CSP-provided infrastructure comprises at least one compute resource or a memory resource (¶0011-0013, 0036, 0008).
Claim 19:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises a first rack, the first rack comprising a first plurality of servers; and the second portion of the CSP-provided infrastructure comprises a second rack separate from the first rack, the second rack comprising a second plurality of servers (¶0011, 0013, 0036, 0042, 0050, 0058) disclosing VAR resources, including server racks, are reserved for their (customer) use and are thus separate from the resources reserved by other VARs.
Claim 20:
Milojicic discloses the limitations as shown in the rejections above. Milojicic further discloses wherein the first portion of the CSP-provided infrastructure comprises a first server in a rack; and the second portion of the CSP-provided infrastructure comprises a second server in the rack (¶0011, 0013, 0036, 0042, 0050, 0058).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
“Physical Layer Network Isolation in Multi-tenant Clouds” is directed to methods of isolating tenant cloud resources.
“Study of Software as a Service Support Platform for Small and Medium Businesses” describes aspects of the cloud service provider ecosystem and stakeholders including providers, resellers and tenants.
Each of the following include disclosure regarding resellers in the context of cloud services US 20140215590 A1; US 20160043909 A1; US 20160203533 A1; US 20160337365 A1; US 10878483 B1.
Any inquiry of a general nature or relating to the status of this application or concerning this communication or earlier communications from the Examiner should be directed to Paul Mills whose telephone number is 571-270-5482. The Examiner can normally be reached on Monday-Friday 11:00am-8:00pm. If attempts to reach the examiner by telephone are unsuccessful, the Examiner’s supervisor, April Blair can be reached at 571-270-1014.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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/P. M./
Paul Mills
01/02/2026
/APRIL Y BLAIR/Supervisory Patent Examiner, Art Unit 2196