DETAILED ACTION
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 .
This office correspondence is in response to the amendment filed on January 2, 2026.
Claims 1-20 are pending.
Response to Arguments
Applicant's arguments filed 01/02/2026 have been fully considered but they are not persuasive.
Applicant argues Veeriah is not a proper prior art reference. Examiner disagrees. The Veeriah publication claims the priority to a provisional application field on October 13, 2023 (US Publication No. 63/590,001) hereafter Veeriah Provisional. The disclosure/subject matter in the figures and specification in the Veeriah Provisional application is fully supported in the specification and figures of the later filed Veeriah application. As such, even if those cited paragraph numbers (0044-45, and 0061) are not present in the Veeriah Provisional application, the disclosures of those specific paragraphs are presented in the later filed application, thus, the priority date of the Veeriah Provisional application is in compliance for use with the earliest effective filing date for the disclosure in Veeriah publication.
Additionally, the limitation of creating an encrypted tunnel from the device to a VPN proxy is discloses the in the Veeriah Provisional. Veeriah Provisional application discloses handle creating, managing, configuring, and establishing a connection to a VPN using a specific VPN profile in a multi-gateway environment by ensuring privacy, security and optimal performance for the users. The plurality of modules comprises a virtual private network (VPN) profile module 306, a virtual private network (VPN) framework module 308, a user datagram protocol (UDP) tunnel proxy module 310 and a cloud module 312. the VPN profile module 306 is adapted to handle creating, managing, and configuring of one or more VPN profiles. The one or more VPN profiles comprise a collection of settings and parameters required to establish a VPN connection and allows the user to define and customize various aspects of the VPN connection. The platform offers set of application programming interfaces (API) and features for managing the one or more VPN profiles, establishing VPN connections, and ensuring secure network communication within the operating system. The tunnel proxy is connected to the VPN framework and act a proxy for traffic by receiving and encapsulating the packets, and forwarding to the intended destination. The infrastructure and services necessary to establish and secure the VPN connection within the platforms and enables the user to connect to virtual networks or resources hosted in a cloud securely and privately through a communication network. Thus, provides secure connectivity, scalability, and flexibility to establish private networks between the client devices and the tunnel for enhancing the overall security and performance of cloud-based applications and services.
Chen discloses establishing an encrypted VPN connection between a network external to a provider network connected to the provider network via a dedicated direct physical link and a set of resources of the provider network is received. A new isolated virtual network (IVN) is established to implement an encryption virtual private gateway to be used for the connection. One or more protocol processing engines (PPEs) are instantiated within the IVN, address information of the one or more PPEs is exchanged with the external network and a respective encrypted VPN tunnel is configured between each of the PPEs and the external network. Routing information pertaining to the set of resources is provided to the external network via at least one of the encrypted VPN tunnels, enabling routing of customer data to the set of resources within the provider network from the external network via an encrypted VPN tunnel implemented over a dedicated direct physical link between the external network and the provider network. The supporting limitations and essential concept of the invention is disclosed in the provisional application of Veeriah, therefore, prior arts of Chen and Veeriah are appropriate, thus, the rejection is sustained.
For at least the foregoing reasons, claims 19 and 20 recite similar features to claim 1. Claims 2-18, each depend from the independent claim, and rendered obvious by the combination of Chen and Veeriah for at least the same reasons by virtue of their dependencies. Examiner respectfully sustains the rejections.
Furthermore, as it is Applicant's right to continue to claim as broadly as possible their invention, it is also the Examiner's right to continue to interpret the claim language as broadly as possible. It is the Examiner's position that the detailed functionality that allows Applicant’s invention to overcome the prior art used in the rejection, fails to differentiate in detail how these features are unique. By the rejection above, the applicant must submit amendments to the claims in order to distinguish over the prior art use in the rejection that discloses different features of Applicant's claimed invention.
Applicant has not yet submitted claims drawn to limitations, which distinguishes over the prior art or to significantly narrow definition/scope of the claims and supply arguments commensurate in scope with the claims implies the Applicant intends broad interpretation be given to the claims. It is requested that Applicant clearly and distinctly define the claimed invention.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention 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 35 U.S.C. 103 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US Publication 2020/0252375) hereafter Chen, in view of Veeriah et al. (US Publication 2025/0126098) hereafter Veeriah.
As per claim 1, Chen discloses a method comprising: obtaining, by a processing system of a device in a communications service provider core network, a characteristic of a first network traffic flow received from a user endpoint device that is connected to the communications service provider core network via an access network (paragraphs 0023, 0027, 0052-53: various characteristics of provider network and interfaces); determining, by the processing system, that the characteristic indicates a need to route the first network traffic flow over a virtual private network (0021, 0030-32, 0039: traffic flow between sources and networks); creating, by the processing system, an encrypted tunnel from the device to a virtual private network proxy (paragraphs 0025, 0030-31, 0035); and routing, by the processing system, the first network traffic flow to the virtual private network proxy via the encrypted tunnel (paragraphs 0041, 0044, 0047-49: encrypted VPN tunnel). Although, Chen discloses VPN gateway for encrypted communication over dedicated link, but he fails to expressly disclose creating an encrypted tunnel from the device to a virtual private network proxy.
However, in the same field of endeavor, Veeriah discloses the claimed limitation of creating an encrypted tunnel from the device to a virtual private network proxy (paragraphs 44-45, 0061).
Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Veeriahs’ teaching with Chen. One would be motivated to establish and utilize VPSs setting, route traffic of a network based on location of VPN gateway and configuration matching with first service, thus improving systems communications.
As per claim 2, Chen discloses the method wherein the device is positioned at a core network interface via which the access network connects to the communications service provider core network (paragraphs 0028-29, 0052).
As per claim 3, Chen discloses the method wherein the device comprises an edge router than includes a discriminator function (paragraphs 0038, 0046, 0050).
As per claim 4, Chen discloses the method wherein the characteristic comprises at least one of: a source internet protocol address of the first network traffic flow, a destination internet protocol address of the first network traffic flow, a source port of the first network traffic flow, a destination port of the first network traffic flow, a nature of data contained within the first network traffic flow, a subscription tier of a service to which a user of the user endpoint device is subscribed, or a type of network to which the user endpoint device is connected (paragraphs 0034, 0076-77).
As per claim 5, Chen discloses the method wherein the encrypted tunnel is created without making the user endpoint device an endpoint of the encrypted tunnel (paragraphs 0020-22, 0030-32).
As per claim 6, Chen discloses the method further comprising: detecting, by the processing system, a characteristic of a second network traffic flow received from the user endpoint device; determining, by the processing system, that the characteristic of the second network traffic flow does not indicate a need to route the second network traffic flow over a virtual private network; and routing, by the processing system, the second network traffic flow over one or more existing network interfaces to a destination determined based on the characteristic of the second network traffic flow (paragraphs 0034-35, 0040-41, 0043-44).
As per claim 7, Chen discloses the method wherein the one or more existing network interfaces comprise at least one of: a core network interface or an internal network interface of a service provider internal network within the communications service provider core network (paragraphs 0023, 0027, 0052-53).
As per claim 8, Chen discloses the method wherein the service provider internal network comprises a plurality of internal services (paragraphs 0026, 0033).
As per claim 9, Chen discloses the method wherein the characteristic of the second network traffic flow indicates that the second network traffic flow requires handling by at least one internal service of the plurality of internal services (paragraphs 0027, 0035, 0040-41).
As per claim 10, Chen discloses the method wherein the destination is the at least one internal service (paragraphs 0023-24, 0030-32).
As per claim 11, Chen discloses the method wherein the internal network interface connects the processing system to the service provider internal network (paragraphs 0033, 0036, 0042).
As per claim 12, Chen discloses the method wherein the plurality of internal services comprises at least one of: a domain name system service, a parental control service, a secure browsing service, a cyber security service, or a video policy service (paragraphs 0025-26, 0052-53).
As per claim 13, Chen discloses the method wherein the core network interface connects the communications service provider core network to an internet (paragraphs 0005, 0041, 0052).
As per claim 14, Chen discloses the method wherein the destination is the internet.
As per claim 14, Chen discloses the method wherein the core network interface connects the communications service provider core network to a specialized network (paragraphs 0005, 0023, 0025).
As per claim 16, Chen discloses the method wherein the specialized network is the destination (paragraphs 0034, 0076).
As per claim 17, Chen discloses the method wherein the specialized network is at least one of: a peered content provider network, a carrier hotel network, or a cloud service provider network (paragraphs 0023, 0025, 0036).
As per claim 18, Chen discloses the method wherein the service provider internal network is connected to at least one network outside of the communications service provider core network via the internal network interface (paragraphs 0023, 0025, 0052-53).
Claim 19 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1.
Claim 20 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARZANA B HUQ whose telephone number is (571)270-3223. The examiner can normally be reached Monday - Friday: 8:30-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel L Moise can be reached at 571-272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FARZANA B HUQ/Primary Examiner, Art Unit 2455
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