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 .
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 1,2, 4-6, 8-9, 11-13, 15-16, 18-19 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 4-8, 10-14, 16 and 17 of U.S. Patent No. 12,634,235 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because
Instant Application
U.S. Patent No. 12,634,235 B2.
1. A method comprising: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network layer connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; and facilitating a network layer connection between the gateway or provider switching device and the particular Internet Service Provider.
1. A method comprising: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; transmitting a communication to the particular Internet Service Provider over a second communication channel, wherein the communication includes one or more identifiers associated with the gateway enabling the particular Internet Service Provider to detect the gateway; and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider.
2. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
2. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
4. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
4. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
5. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
5. The method of claim 1, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
6. The method of claim 1, wherein the request to establish the network connection is received over a cloud service portal.
6. The method of claim 1, wherein the request to establish the network connection is received over a cloud service portal.
8. A system comprising: one or more processors; and a non-transitory computer-readable medium storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations including: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider.
7. A system comprising: one or more processors; and a non-transitory computer-readable medium storing instructions that when executed by the one or more processors, cause the one or more processors to perform operations including: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; transmitting a communication to the particular Internet Service Provider over a second communication channel, wherein the communication includes one or more identifiers associated with the gateway enabling the particular Internet Service Provider to detect the gateway; and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider.
9. The system of claim 8, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
8. The system of claim 7, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
11. The system of claim 8, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
10. The system of claim 7, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
12. The system of claim 8, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
11. The system of claim 7, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
13. The system of claim 8, wherein the request to establish the network connection is received over a cloud service portal.
12. The system of claim 7, wherein the request to establish the network connection is received over a cloud service portal.
15. A non-transitory computer-readable medium storing instructions that when executed by one or more processors, cause the one or more processors to perform operations including: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider.
13. A non-transitory computer-readable medium storing instructions that when executed by one or more processors, cause the one or more processors to perform operations including: receiving, over a first communication channel, a registration request associated with a unit of a structure; configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit; receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers; transmitting a communication to the particular Internet Service Provider over a second communication channel, wherein the communication includes one or more identifiers associated with the gateway enabling the particular Internet Service Provider to detect the gateway; and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider.
16. The non-transitory computer-readable medium of claim 15, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
14. The non-transitory computer-readable medium of claim 13, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider.
18. The non-transitory computer-readable medium of claim 15, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
16. The non-transitory computer-readable medium of claim 13, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device.
19. The non-transitory computer-readable medium of claim 15, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
17. The non-transitory computer-readable medium of claim 13, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device.
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.
Claim(s) 1, ,3, 8, 10, 15 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by De Smedt et al. (US 2011/0170554 A1). Regarding claims 1, 8, 15, De Smedt et al. discloses a method comprising: receiving, over a first communication channel, a registration request associated with a unit of a structure (Para 34-37 teaches of registering the gateway to the NSPs); configuring a gateway or provider switching device of the structure to connect a service network to a local area network within the unit (Para 38-48 teaches of a gateway configured to be connected to multiple NSPs); receiving a request to establish a network connection between the gateway and an Internet Service Provider, the request including an identification of a particular Internet Service Provider from a plurality of Internet Service Providers (Para 41-43 teaches of providing an identification of a NSP while requesting a particular NSP); and facilitating a connection between the gateway or provider switching device and the particular Internet Service Provider (Fig 1 and Para 38-48 teaches of providing communication via the gateway). Regarding claims 3, 10, 17, De Smedt et al. discloses a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes assigning an Internet Protocol address from a set of Internet Protocol address pre-allocated by the Internet Service Provider to the gateway or provider switching device (Para 26-27 teaches of assigning a local IP address from a set of private IP address).
Claim Rejections - 35 USC § 103
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.
Claim(s) 2,4, 7, 9, 11, 14, 16, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Smedt et al. (US 2011/0170554 A1). In view of Amara et al. (US 2004/0083295 A1). Regarding claims 2, 9, 16, De Smedt et al. discloses the claimed invention as set forth in claim 1 above. De Smedt et al. does not disclose a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider. However Amara et al. discloses a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes configuring the gateway or provider switching device using virtual local area network tags or virtual extensible local area network tags that match the particular Internet Service Provider (Para 9-10 and Para 21 and Para 38 teaches of a virtual local area network tags that match the requirement for the ISP provider). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to use the method of using virtual local area network tags of Amara et al. with the system of DE Smedt et al. in order to provide a system for transmitting a packet via an initiating security gateway may include receiving a packet including a virtual local area network tag and mapping the virtual local area network tag to a selector. Regarding claims 4, 11, 18, De Smedt et al. discloses the claimed invention as set forth in claim 1 above. De Smedt et al. does not disclose a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device. However Amara et al. discloses a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes enabling a physical interface between the gateway and the Internet Service Provider via the provider switching device. (Para 33-34 teaches of cable connection mechanism). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to use the method of using Layer 2 tunneling of Amara et al. with the system of DE Smedt et al. in order to provide a system for transmitting a packet via an initiating security gateway may include receiving a packet including a virtual local area network tag and mapping the virtual local area network tag to a selector. Regarding claims 7, 14, 20, De Smedt et al. discloses the claimed invention as set forth in claim 1 above. De Smedt et al. does not disclose a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes receiving an Internet Protocol address from a Remote Authentication Dial-In User Service server. However Amara et al. discloses a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes receiving an Internet Protocol address from a Remote Authentication Dial-In User Service server (Para 40-41 teaches of RADIUS that is used for communication to the access server). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to use the method of using RADIUS for accessing server of Amara et al. with the system of DE Smedt et al. in order to provide a system for transmitting a packet via an initiating security gateway may include receiving a packet including a virtual local area network tag and mapping the virtual local area network tag to a selector.
Claim(s) 5, 6, 12, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over De Smedt et al. (US 2011/0170554 A1). In view of Hartwig et al. (US 2017/0063614 A1). Regarding claims 5, 12, 19, De Smedt et al. discloses the claimed invention as set forth in claim 1 above. De Smedt et al. does not disclose a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device. However Hartwig et al. discloses a method, wherein facilitating the connection between the gateway or provider switching device and the particular Internet Service Provider includes establishing a multiprotocol label switch configured to route data packets between the particular Internet Service Provider and the gateway via the provider switching device. (Para 33-36 teaches of using MPLS protocol). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to use the method of using MPLS protocol Hartwig et al. with the system of DE Smedt et al. in order to provide a system to provisioning of network ports and virtual links for a computer-based network. Regarding claims 6, 13, De Smedt et al. discloses the claimed invention as set forth in claim 1 above. De Smedt et al. does not disclose a method, wherein the request to establish the network connection is received over a cloud service portal. However Hartwig et al. discloses a method, wherein the request to establish the network connection is received over a cloud service portal (Para 33-36 teaches of using MPLS protocol). It would have been obvious to one having ordinary skill in the art before the filing date of the claimed invention to use the method of using MPLS protocol Hartwig et al. with the system of DE Smedt et al. in order to provide a system to provisioning of network ports and virtual links for a computer-based network.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AJAY P CATTUNGAL whose telephone number is (571)270-7525. The examiner can normally be reached M-F 9:00-5:00 PM.
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/AJAY CATTUNGAL/Primary Examiner, Art Unit 2467
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