Detailed Action
Claims 1-30 are pending in this application. This is a response to the Amendments/Remarks filed on 7/16/26. This is a Final Rejection.
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.
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Claims 1-30 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-30 of U.S. Patent No. 11,956,306 in view of US 2011/0320625 issued to Riggert et al.(Riggert). Although the claims at issue are not identical, they are not patentably distinct from each other because ‘306 teaches the instant claims except for the limitation of “wherein the network data indicated how the additional data is to be combined or distributed with respect to the plurality of endpoints”. ‘306 however does teach processing of data.
Riggert teaches wherein the network data indicated how the additional data is to be combined or distributed with respect to the plurality of endpoints([0016] In another example embodiment described herein, the receiving endpoint includes a data combiner that combines data packets received at the receiving endpoint. In one situation, the data combiner inspects the data received at the receiving endpoint for protocol headers to gather the receiver content information…...).
Therefore it would have been obvious to one ordinary skill in the art before the effective filing date of the claimed invention to modify the teachings of ‘306 of reserving and processing of data based on header information to apply the known method of Riggert of combining received data based on header information in order to provide the predictable result of reserving and combining data based on header information.
One ordinary skill in the art would have been motivated to combine the teachings in order to reduce network latency and improve data quality(Riggert, para.4)
Instant Claims
11,956,306
1. A method, comprising:
receiving, at a network device, network data associated with a multicast operation to be collectively performed by a plurality of endpoints;
reserving resources, based, at least in part, on the header information from the network data, of the network device to process additional data to be received from the plurality of endpoints; and
providing, by the network device, the network data to a plurality of additional network devices, the plurality of additional network devices identified based, at least in part, on information obtained from the network data, wherein the network data indicates how the additional data is to be combined or distributed with respect to the plurality of endpoints.
2. The method of claim 1, wherein one or more headers in the network data indicate a mapping between the network data and a virtual memory space of an endpoint device, and the information obtained from the network data comprises the mapping.
3. The method of claim 1, further comprising: storing the information obtained from the network data; retrieving the information in response to receiving the data from the plurality of endpoints; and using the retrieved information and reserving resources to process the data received from the plurality of endpoints.
4. The method of claim 1, wherein an endpoint of the plurality of endpoints comprises a parallel processing unit, and at least a portion of the network data is used by the parallel processing unit to perform at least a portion of the multicast operation.
5. The method of claim 1, wherein the network device receives the network data in response to at least one of a read operation or a write operation performed with respect to a memory of a parallel processing unit of an endpoint.
6. The method of claim 1, further comprising: processing the additional data received from the plurality of endpoints based, at least in part, on reduction information obtained from one or more headers in the network data.
7. The method of claim 1, further comprising: identifying a cycle in a topology, wherein the resources are reserved based, at least in part, on the cycle identified.
8. The method of claim 1, further comprising: updating both reduction information and routing information in a header prior to providing the network data to the plurality of additional network devices.
9. The method of claim 1, wherein providing the network data comprises sending the network data to the plurality of additional network devices, and the method further comprises: freeing the reserved resources in response to determining that a threshold amount of time has elapsed since the network data was sent and that at least one of the plurality of additional network devices has not responded to receiving the network data.
10. The method of claim 1, further comprising: determining that the resources of the network device that are reserved are insufficient to process the additional data to be received from the plurality of endpoints; and waiting to process the network data until sufficient resources are available.
21. A method, comprising:
receiving, at a network device, first network data associated with a multicast operation to be collectively performed by at least a plurality of endpoints;
reserving resources of the network device to process second network data to be received from the plurality of endpoints, wherein resources to reserve are determined based, at least in part, on information obtained from the first network data;
sending, from the network device, the first network data to a plurality of additional network devices, the plurality of additional network devices identified based at least in part on the information obtained from the first network data;
receiving, at the network device, the second network data; and
processing, by the network device, the second network data using the reserved resources.
22. The method of claim 21, wherein the first network data comprises one or more headers, the one or more headers comprising information indicative of a mapping between the first network data and a virtual memory space of an endpoint device.
26. The method of claim 21, further comprising:
storing the information obtained from the header of the first network data; retrieving the information in response to receiving the second network data; and
using the retrieved information to process the second network data.
23. The method of claim 21, wherein an endpoint of the plurality of endpoints comprises a parallel processing unit, and wherein at least a portion of the first network data is used by the parallel processing unit to perform at least a portion of the multicast operation.
24. The method of claim 21, wherein the network device receives first network data sent in response to at least one of a read or write operation on a memory of a parallel processing unit on an endpoint.
25. The method of claim 21, further comprising:
processing the second network data based, at least in part, on reduction information obtained from one or more headers in the first network data.
27. The method of claim 21, further comprising:
identifying a cycle in a topology; and
reserving the resources based, at least in part, on the identification of the cycle.
28. The method of claim 21, further comprising:
update reduction and routing information in the header prior to sending the first network data to the plurality of additional network devices.
29. The method of claim 21, further comprising:
freeing the reserved resources in response to determining that a threshold amount of time has elapsed since sending the first network data and that at least one of the additional network devices has not responded to receiving the first network data.
30. The method of claim 21, further comprising: determining that insufficient resources of the network device are available to process the second network data to be received from the plurality of endpoints; and holding the first network data until sufficient resources are available.
Allowable Subject Matter
Claims 1-30 allowed over prior art, however are still rejected under Double Patenting, therefore the applicant is advised to file TD to overcome the Double Patenting rejection.
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: the prior art singly or in combination does not teach the totality of the independent claims when read in light of the specification.
The closest prior art of record is US 2012/0076067 issued to Yao et al.(Yao)
As per claims 1, 11, 21, Yao teaches a method/a network device, comprising: at least one processor; and at least one memory comprising instructions that, in response to execution by the at least one processor, cause the network device/a non-transitory machine-readable medium having stored thereon instructions which, in response to execution by one or more processors, cause the one or more processors to at least(Fig.1): to comprising: receiving, at a network device, network data associated with a multicast data (Fig.1,2, [0030] Firstly, in step S10, RP 31 receives the multicast data packets, the multicast data packets…);
the network device to process data to be received from the plurality of endpoints(Fig.1, [0012] According the second aspect of present invention, providing a processing device, used for processing the multicast data packets from mobile multicast source point, in the first rendezvous point of communication network…..)
providing, by the network device, the network data to a plurality of additional network devices, the plurality of additional network devices identified based, at least in part, on information obtained from the network data(Fig.2, 6A-7C, [0048] Then, the method enters step S11. In step S11, RP 31 determines whether it is needed to send the multicast data packets to RP 32 and 33. In the present embodiment, we name the RP 31 that received the multicast data packet as the first RP, the sending object RP to which the first RP may forward the multicast data packet as the second RP 32 and 33…. [0050] RP 31 determines if the source IP address of the outermost layer IP header of present multicast data packet contains the unicast address of RP 32 or 33, according to the obtained multicast data packet. It should be noted that, when the multicast data packet only contains one layer of IP header, the outermost layer IP header is the only one layer of IP header. If the source IP address of the outermost IP header of present multicast data packet contains neither the unicast address of RP 32, nor the unicast address of RP 33, then RP 31 determines the need to forward the multicast data packet to other RP in anycast group 5. [0051] Then, the method enters step S12. In step S12, RP31 directly sends the multicast data packet to RP32 and 33 respectively. RP can send the multicast data packet to all the other RPs in anycast group 5, by using the way of unicast tunnel, or adding the routing extension header (mainly for IPv6) or by source routing options (mainly for IPv4) in data packets.)
However these prior art does not teach nor would it be obvious to one ordinary skill in the art to combine to teach the totality of the claim and at least the underlined portions below
As per claims 1,11,21, receiving, at a network device, network data associated with a multicast operation to be collectively performed by a plurality of endpoints;
reserving, based, at least in part, on header information from the network data, resources of the network device to process additional data to be received from the plurality of endpoints; and
providing, by the network device, the network data to a plurality of additional network devices, the plurality of additional network devices identified based, at least in part, on information obtained from the network data, wherein the network data indicates how the additional data is to be combined or distributed with respect to the plurality of endpoints.
Also, the applicant's reply makes evident the reason for allowance, satisfying the record as a whole as required by rule 37 CFR 1.104 (e). In this case, the substance of applicant's remarks, pgs.10-12, filed on 7/16/26. Thus, the reason for allowance is in all probability evident from the record (see MPEP 1302.14).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Response to Arguments
Applicant’s arguments/amendments with respect to the Double Patenting, 112(b) and 103 rejection(s) have been fully considered and are persuasive. Therefore, those rejection(s) has been withdrawn. However, upon further consideration, a new ground of rejection(Double Patenting Rejection) is made.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
US 2005/0010687 issued to Dai, teaches a parallel processor computer interconnect router comprises a multicasting module and a gathering module. The multicasting module is operable to receive a single incoming multicast packet comprising a destination identifier identifying a plurality of destination nodes, and to output multiple unicast packets, each of the multiple unicast packets comprising a destination header identifying a single destination node from among the plurality of destination nodes. The gathering module is operable to receive unicast reply packets from the plurality of destination nodes, and to output a combined multicast reply packet.
US 8,051,423 issued to Amin, teaches a parallel processing infrastructure, which enables the robust design of task scheduler(s) and communication primitive(s). This is achieved, in one embodiment of the present invention, by decomposing the general problem of exploiting parallelism into three parts. First, an infrastructure is provided to track resources. Second, a method is offered by which to expose the tracking of the aforementioned resources to task scheduler(s) and communication primitive(s). Third, a method is established by which task scheduler(s) in turn may enable and/or disable communication primitive(s). In this manner, an improved parallel processing infrastructure is provided
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/BACKHEAN TIV/
Primary Examiner
Art Unit 2459
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