DETAILED ACTION
This communication is response to the application filed 06/12/2024. Claims 1-20 are pending and presented for examination.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06/12/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,052,180 (hereafter Patent ‘180). Although the claims at issue are not identical, they are not patentably distinct from each other because both set of claims are based on the same invention. Applicant merely broadens the scope of the independent claims of Patent ‘180 to arrive at the independent claims of the current application. Thus, the patent contains all the elements of the current application and/or the equivalents.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2011/0099420 to MacDonald McAlister discloses a monitoring component can periodically communicate with a primary and a secondary replica for an instance, with each capable of residing in a separate data zone or geographic location to provide a level of reliability and availability. A database running on the primary instance can have information synchronously replicated to the secondary replica at a block level, such that the primary and secondary replicas are in sync. In the event that the monitoring component is not able to communicate with one of the replicas, the monitoring component can attempt to determine whether those replicas can communicate with each other, as well as whether the replicas have the same data generation version. Depending on the state information, the monitoring component can automatically perform a recovery operation, such as to failover to the secondary replica or perform secondary replica recovery.
US 2022/0066883 to Wang et al. discloses uploading a snapshot to a cloud object storage platform (108) of a cloud infrastructure (106) by a computer system. The snapshot is uploaded as a set of log segments conforming to an object format of the storage platform. The log segment includes data blocks in the set of data blocks and a first set of metadata having an identifier of the data set (130) for each of the multiple data blocks, the identifier of a snapshot, and a logical block address (LBA) of a data block. The metadata is communicated to a server component running in a cloud compute and block storage platform (110) by the computer system.
US 2020/0287781 to Kryvokrysenko discloses a network connection and termination system can enable service or application developers to un-bind a live network session from a specific backend server and migrate the live network session to a different backend server, without interrupting the network session and without network client cooperation. This is accomplished by a network connection manager being the actual endpoint for the network connections, instead of any backend resources. The network connection manager can be fault-tolerant. In some embodiments, it contains multiple nodes replicating the state of the network connections so that if one node fails, another can resume the connection in its place.
US 2006/0198296 to Majee et al. discloses receiving information defining a first connection between a first network device and a computer; establishing a replication channel between the first network device and a backup device; storing backup control information at the backup device; communicating a message flow between the first network device and the computer on the first transport connection; in response to unavailability of the first network device, communicating messages on the replication channel that cause (a) establishing a second connection between the backup device and the computer; (b) continuing communication of the message flow between the backup device and the computer based on the backup control information.
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/RASHEED GIDADO/Primary Examiner, Art Unit 2464