DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 17-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims do not fall within at least one of the four categories of patent eligible subject matter because the specification paragraph [00129] mentions computer-readable media could be a carrier wave. Claims 17-20 need to be amended to state -- non-transitory computer-readable media -- to overcome the 101 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, 3, and 17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-5, 7, 10, 11, 13-16, 19, and 20 of U.S. Patent No. 12,003,380 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because comparing claims 1, 3, and 17 of the application with claims 1, 3-5, 7, 10, 11, 13-16, 19, and 20 of the patent, claims 1, 3, and 17 of the application are anticipated by patent claims 1, 3-5, 7, 10, 11, 13-16, 19, and 20 in that claims 1, 3-5, 7, 10, 11, 13-16, 19, and 20 of the patent contain all the limitations of claims 1, 3, and 17 of the application. Claims 1, 3, and 17 of the application therefore are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art of record.
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: Applicants have claimed uniquely distinct features in the application, which are not found in the prior art, either singularly or in combination. The independent claims identify the following uniquely distinct features:
I. The primary reason for the allowance of the claims are the inclusion of the limitation in the claims which are not found in the prior art references. The following claim elements “forwarding multiple communications between the multiple computing nodes over the substrate network in a manner that emulates functionality that would be provided by the one or more specified network routers if the one or more specified network routers were physically provided, after the forwarding of the multiple communications, receiving one or more routing communications that are each directed to at least one of the specified network routers and include network routing information for the virtual computer network that is specified in accordance with a predefined network routing protocol, the one or more routing communications being sent by one or more of the multiple computing nodes under control of one or more software programs executed by the customer on the one or more computing nodes to facilitate handling of communications for at least part of the virtual computer network,” together with the other elements are the reasons for allowance.
1. Regarding claim 1 – A computer-implemented method comprising: under control of one or more computing systems of a configurable network service that provides virtual computer networks to remote customers, and for each of multiple remote customers, receiving configuration information from the customer for a virtual computer network provided for the customer by the configurable network service, the provided virtual computer network including multiple of a plurality of computing nodes provided by the configurable network service, the configuration information being received via a programmatic interface of the configurable network service and indicating network topology information for the provided virtual computer network and indicating multiple network addresses to use for the provided virtual computer network, the indicated network topology information specifying one or more network routers that each are indicated to be connected to one or more of the multiple computing nodes of the provided virtual computer network, assigning one of the multiple network addresses to each of the specified network routers to enable communications to be directed over the virtual computer network to the specified network router, and automatically providing the virtual computer network for the customer in accordance with the indicated network topology information by overlaying the virtual computer network on a distinct substrate network without physically providing the one or more specified network routers, the providing of the virtual computer network including: forwarding multiple communications between the multiple computing nodes over the substrate network in a manner that emulates functionality that would be provided by the one or more specified network routers if the one or more specified network routers were physically provided, after the forwarding of the multiple communications, receiving one or more routing communications that are each directed to at least one of the specified network routers and include network routing information for the virtual computer network that is specified in accordance with a predefined network routing protocol, the one or more routing communications being sent by one or more of the multiple computing nodes under control of one or more software programs executed by the customer on the one or more computing nodes to facilitate handling of communications for at least part of the virtual computer network, updating the network topology information for the virtual computer network based on the specified network routing information included in the received one or more routing communications, and after the updating of the network topology information, forwarding one or more additional communications between the multiple computing nodes over the substrate network in accordance with the updated network topology information and in a manner that emulates the functionality that would be provided by the one or more specified network routers if the one or more specified network routers were physically provided.
2. Regarding claim 3 – A computer-implemented method comprising: under control of one or more computing systems of a configurable network service that provides virtual computer networks to clients, receiving one or more requests to provide a first virtual computer network for a first client in accordance with specified configuration information, the configuration information indicating one or more specified networking devices of the first virtual computer network that interconnect multiple computing nodes of the first virtual computer network; and automatically providing the first virtual computer network in accordance with the configuration information by overlaying the first virtual computer network on a distinct substrate network without physically providing the one or more specified networking devices, the providing of the first virtual computer network including: forwarding multiple communications between the multiple computing nodes over the substrate network in a manner that emulates functionality that would be provided by the one or more specified networking devices if the one or more specified networking devices were physically provided; after the forwarding of the multiple communications, receiving one or more routing communications that are each directed to at least one of the specified networking devices and include network routing information for the first virtual computer network that is specified in accordance with a predefined network routing protocol, the one or more routing communications being sent by one or more nodes controlled by the first client that facilitate handling communications for at least part of the first virtual computer network, updating the configuration information for the first virtual computer network based on the specified network routing information included in the received one or more routing communications, and after the updating of the configuration information, forwarding one or more additional communications between the multiple computing nodes over the substrate network in accordance with the updated configuration information.
3. Regarding claim 17 - A non-transitory computer-readable storage medium whose contents configure a computing system to perform a method, the method comprising: under control of the configured computing system, receiving information from a client for use in configuring a virtual computer network for the client, the configuring including specifying interconnections between multiple computing nodes of the virtual computer network, the specified interconnections including one or more networking devices of the virtual computer network; and automatically providing the configured virtual computer network without physically providing the one or more networking devices, the providing of the virtual computer network including forwarding multiple communications between the multiple computing nodes in accordance with the specified interconnections and in a manner that would be performed by the one or more networking devices if the one or more networking devices were physically provided, the providing of the virtual computer network further including: receiving one or more routing communications that are each directed to at least one of the one or more networking devices and include network routing information for the virtual computer network, the one or more routing communications being sent by one or more of the multiple computing nodes; and updating the specified interconnections of the provided virtual computer network based on the network routing information included in the received one or more routing communications to enable one or more additional communications to be forwarded between the multiple computing nodes in accordance with the updated specified interconnections.
The closest prior art, either singularly or in combination, fail to anticipate or render the above limitations obvious.
Conclusion
1. Cao et al. (US 2021/0392661 A1) discloses method and apparatus for wireless communications.
2. Jacobs (US 2018/0139242 A1) discloses policy management.
3. Dalai et al. (US 8,838,756 B2) discloses management and implementation of enclosed logical networks in a virtual lab.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to John Pezzlo whose telephone number is (571) 272-3090. The examiner can normally be reached on Monday to Friday from 8:30 AM to 5:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ayman A. Abaza, can be reached at telephone number (571) 270-0422. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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John Pezzlo
2 June 2026
/John Pezzlo/
Primary Examiner, Art Unit 2465B
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