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 .
Claims 1-20 are pending.
This is in response to communications filed on 7/18/24.
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 1-2, 4-12, 14-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of co-pending Application No. 18776413 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because of the claim correspondence given below:
Claim 1 of the pending application
Claim 2 (claim 1 plus claim 2) of the co-pending application
A configuration file chaining system comprising: a processor; and a memory coupled to the processor, the memory having program instructions stored thereon that, upon execution, cause an Information Handling System (IHS) to:
An Information Handling System (IHS) comprising: a processor; and a manifest engine stored in a memory coupled to the processor, the memory having program instructions stored thereon that, upon execution, cause the manifest engine to: generate the configuration chain: (claim 1 and claim 2)
sequentially receive a plurality of data structures, the data structures storing configuration data associated with a plurality of domains that each have a different level of priority relative to one another, wherein the configuration data comprises one or more parameters for an application; and for each data structure: when the configuration data comprises a parameter for the application and when the parameter does not exist in a template associated with the application, store the parameter in the template;
sequentially receive a plurality of data structures, the data structures storing configuration data associated with a plurality of domains that each have a different level of priority relative to one another, wherein the configuration data comprises one or more parameters for an application; and for each data structure, when the configuration data comprises a parameter for the application and when the parameter does not exist in a template associated with the application, store the parameter in the template.(claim 2)
and using the template, custom configure the application on a target computing device.
Custom configure the application on the target computing device using the template (claim 1)
For claims 2, 12 and 20, claim 4 of the co-pending application teaches the corresponding limitations.
For claim 4, claim 2 and claim 3 of the co-pending application teaches the configuration file.
For claim 5, claim 9 of the co-pending application teaches the corresponding limitations.
For claim 6 and claim 14, the claims of the co-pending application do not mention configuring another application. However, that is within the scope of ordinary skill in the art. It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to configure another application, since configuring plural application with the same parameter speeds the configuration process when applications are related and shares common parameters.
For claim 7 and claim 15, claim 6 of the co-pending application mention storing and receiving is performed at the vendor sites. Claim 6 does not mention configuring by the vendor. It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to configure by the vendor, since such configuration enhances the flexibility.
For claim 8 and claim 16, co-pending application does not mention various domains – user, system, application and customs. These domains are well known in the art. It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to provide the plural domains including user, system, application and custom so that plural application in different domains can be optimally configured.
For claim 9 and claim 17, claim 7 of the co-pending application teaches the corresponding limitations.
For claim 10 and claim 18, claim 8 of the co-pending application teaches the corresponding limitations.
For claim 11, claims 10 and 11 of the co-pending application teach the corresponding limitations (as explained in the table)
For claim 19, claims 1 and 2 of the co-pending application teach the corresponding limitations (as explained in the table)
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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) 1-7, 11-15, 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sans et al (US Patent 11888684).
For claim 1, Sans et al teach the following limitations: A configuration file chaining system (Fig 1 – Fig 6; col 10 mentions Fig 5 shows the aggregation of various layers to generate aggregate table; thus Fig 5 shows the configuration file chaining system) comprising: a processor; and a memory coupled to the processor, the memory having program instructions stored thereon that, upon execution, cause an Information Handling System (IHS) (line 64, col 14 through line 3, col 15, lines 45-62 of col 15 mention that storage medium stores the code causing a processor in the computing device to perform the techniques) to: sequentially receive a plurality of data structures (Fig 3B shows that step 312 and step 313 receives configuration metadata from system template layers and tenant specific layers; the layers are shown in Fig 4 and represent data structures; lines 35-40 of col 8) , the data structures storing configuration data (line 63, col 1 through line 5 col 2; line 49, col 7 through line 2 col 8 – each layer represents configuration data) associated with a plurality of domains (tenant specific domain, system domain and override domain for tenant/system as explained in col 9 and Fig 4; lines 63, col 1 through line 5 col 2 – system layer, tenant layer, override layer – system layer is for system domain and tenant layer is for tenant domain) that each have a different level of priority relative to one another (lines 55-66 of col 13 – override data/domain has higher priority, tenant override has the highest priority; system layer prioritizes system and tenant layer prioritizes tenant; lines 25-35 of col 2 and lines 60-65 of col 11 – tenant data and overrides are applied to system data – thus system data has lowest priority), wherein the configuration data comprises one or more parameters for an application (lines 1-13 of col 11; lines 60-65 of col 4; lines 45-50 of col 6; lines 1-10 of col 8 mention that each feature of software application (i.e., parameter of application is associated with configuration data)) ; and for each data structure: when the configuration data comprises a parameter for the application (Fig 3A, Fig 3C, line 22, col 12 through line 5 of col 13 mention the updating of the configuration data, whereas the layers have the configuration data including parameter of the application; lines 1-10 of col 8 and lines 20-30 of col 12); and when the parameter does not exist in a template associated with the application store the parameter in the template (Fig 5 501 is the template, lines 50-51 of col 8 – single list; Fig 5 shows the merging as explained in lines 1-25 of col 10 and step 314 of Fig 3B; thus the template is updated with the data from the layers); and using the template, custom configure the application on a target computing device (step 315 of Fig 3B; line 62, col 11 through line 6, col 12 software application receives the configuration data; lines 35-45 of col 11).
For claim 2, Sans et al teach the following limitations: wherein the program instructions, upon execution, further cause the IHS to: generate an answer file using the template; and custom configure the application using the answer file (lines 20-35 of col 10 – templates are files; thus 501 is a file; lines 1-10 of col 8 mention configuration; lines 45-51 of col 8 mention configuration with single list).
For claim 3, Sans teach the following limitations wherein the template comprises a template file that specifies a format and type of configuration data (lines 40-60 of col 7 – can be region or business type; lines 10-25 of col 8 – particular set of accounts - format) that is expected from one of an installer associated with the application or a configuration tool associated with the application (lines 25-30 of col 12 – input for automated software configuration).
For claim 4, Sans teaches that wherein the data structure comprises a configuration file that stores the parameter (lines 25-30 of col 10 -files and lines 1-45 of col 9 – layers store metadata corresponding to product feature).
For claim 5, Sans et al teach wherein the parameter comprises a configuration setting of the application (lines 1-25 of col 8 – each new feature is associated with metadata that is stored in database to configure the application – feature toggle enable functionality).
For claim 6, Sans et al teach the following limitations wherein the program instructions, upon execution, further cause the IHS to custom configure, using the parameter, another application on the computing device (line 60, col 7 through line 2, col 8 features and parameters to be adapted to different use cases; lines 40-60 of col 7 – common configuration data; thus, one parameter is used to configure plural applications when there is relationship).
For claim 7, Sans et al teach wherein the program instructions, upon execution, further cause the IHS to custom configure the application on the computing device by the vendor of the computing device (lines 15-25 of col 8 – software vendors can create configuration template to target specific vertical segments).
For claim 11, Sans et al teach the following limitations: A configuration file chaining method (Fig 1 – Fig 6; col 10 mentions Fig 5 shows the aggregation of various layers to generate aggregate table; thus Fig 5 shows the configuration file chaining system) comprising: sequentially receiving a plurality of data structures (Fig 3B shows that step 312 and step 313 receives configuration metadata from system template layers and tenant specific layers; the layers are shown in Fig 4 and represent data structures; lines 35-40 of col 8) , the data structures storing configuration data (line 63, col 1 through line 5 col 2; line 49, col 7 through line 2 col 8 – each layer represents configuration data) associated with a plurality of domains (tenant specific domain, system domain and override domain for tenant/system as explained in col 9 and Fig 4; lines 63, col 1 through line 5 col 2 – system layer, tenant layer, override layer – system layer is for system domain and tenant layer is for tenant domain) that each have a different level of priority relative to one another (lines 55-66 of col 13 – override data/domain has higher priority, tenant override has the highest priority; system layer prioritizes system and tenant layer prioritizes tenant; lines 25-35 of col 2 and lines 60-65 of col 11 – tenant data and overrides are applied to system data – thus system data has lowest priority), wherein the configuration data comprises one or more parameters for an application (lines 1-13 of col 11; lines 60-65 of col 4; lines 45-50 of col 6; lines 1-10 of col 8 mention that each feature of software application (i.e., parameter of application is associated with configuration data)) ; and for each data structure: when the configuration data comprises a parameter for the application (Fig 3A, Fig 3C, line 22, col 12 through line 5 of col 13 mention the updating of the configuration data, whereas the layers have the configuration data including parameter of the application; lines 1-10 of col 8 and lines 20-30 of col 12); and when the parameter does not exist in a template associated with the application storing the parameter in the template (Fig 5 501 is the template, lines 50-51 of col 8 – single list; Fig 5 shows the merging as explained in lines 1-25 of col 10 and step 314 of Fig 3B; thus the template is updated with the data from the layers); and using the template, custom configure the application on a target computing device (step 315 of Fig 3B; line 62, col 11 through line 6, col 12 software application receives the configuration data; lines 35-45 of col 11).
For claim 12, Sans et al teach the following limitations: generating an answer file using the template; and custom configuring the application using the answer file (lines 20-35 of col 10 – templates are files; thus 501 is a file; lines 1-10 of col 8 mention configuration; lines 45-51 of col 8 mention configuration with single list).
For claim 13, Sans teach the following limitations wherein the template comprises a template file that specifies a format and type of configuration data (lines 40-60 of col 7 – can be region or business type; lines 10-25 of col 8 – particular set of accounts - format) that is expected from one of an installer associated with the application or a configuration tool associated with the application (lines 25-30 of col 12 – input for automated software configuration).
For claim 14, Sans et al teach the following limitations custom configuring, using the parameter, another application on the computing device (line 60, col 7 through line 2, col 8 features and parameters to be adapted to different use cases; lines 40-60 of col 7 – common configuration data; thus, one parameter is used to configure plural applications when there is relationship).
For claim 15, Sans et al teach custom configuring the application on the computing device by the vendor of the computing device (lines 15-25 of col 8 – software vendors can create configuration template to target specific vertical segments).
For claim 19, Sans et al teach the following limitations: A computer program product comprising a non-transitory computer readable storage medium having program instructions stored thereon that, upon execution by an Information Handling System (IHS) (line 64, col 14 through line 3, col 15, lines 45-62 of col 15 mention that storage medium stores the code causing a processor in the computing device to perform the techniques), cause the IHS to: sequentially receive a plurality of data structures (Fig 3B shows that step 312 and step 313 receives configuration metadata from system template layers and tenant specific layers; the layers are shown in Fig 4 and represent data structures; lines 35-40 of col 8) , the data structures storing configuration data (line 63, col 1 through line 5 col 2; line 49, col 7 through line 2 col 8 – each layer represents configuration data) associated with a plurality of domains (tenant specific domain, system domain and override domain for tenant/system as explained in col 9 and Fig 4; lines 63, col 1 through line 5 col 2 – system layer, tenant layer, override layer – system layer is for system domain and tenant layer is for tenant domain) that each have a different level of priority relative to one another (lines 55-66 of col 13 – override data/domain has higher priority, tenant override has the highest priority; system layer prioritizes system and tenant layer prioritizes tenant; lines 25-35 of col 2 and lines 60-65 of col 11 – tenant data and overrides are applied to system data – thus system data has lowest priority), wherein the configuration data comprises one or more parameters for an application (lines 1-13 of col 11; lines 60-65 of col 4; lines 45-50 of col 6; lines 1-10 of col 8 mention that each feature of software application (i.e., parameter of application is associated with configuration data)) ; and for each data structure: when the configuration data comprises a parameter for the application (Fig 3A, Fig 3C, line 22, col 12 through line 5 of col 13 mention the updating of the configuration data, whereas the layers have the configuration data including parameter of the application; lines 1-10 of col 8 and lines 20-30 of col 12); and when the parameter does not exist in a template associated with the application store the parameter in the template (Fig 5 501 is the template, lines 50-51 of col 8 – single list; Fig 5 shows the merging as explained in lines 1-25 of col 10 and step 314 of Fig 3B; thus the template is updated with the data from the layers); and using the template, custom configure the application on a target computing device (step 315 of Fig 3B; line 62, col 11 through line 6, col 12 software application receives the configuration data; lines 35-45 of col 11).
For claim 20, Sans et al teach the following limitations: wherein the program instructions, upon execution, further cause the IHS to: generate an answer file using the template; and custom configure the application using the answer file (lines 20-35 of col 10 – templates are files; thus 501 is a file; lines 1-10 of col 8 mention configuration; lines 45-51 of col 8 mention configuration with single list).
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) 8-10 and 16-`18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sans et al (US Patent 11888684), and further in view of Pampati et al (US Patent Application Publication 2024/0422198).
For claim 8 and claim 16, Sans et al teach that the domains comprise a user domain (401C in Fig 4 – tenant), a system domain (401A in Fig 4 -system) and a custom domain (overrides 401B and 401D). Sans et al do not explicitly mention about application domain. However, Sans et al uses any number of layers (lines 53-65 of col 8) Pampati et al teach configuration data corresponding to application ([0068] identity parameters of an application for a plurality of platform). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to provide additional domain corresponds to application (i.e., application domain), since that will further facilitate the application configuration.
For claim 9 and claim 17, Sans teaches configure the application after installation (lines 35-55 of col 11 – installed software receives the configuration data). Sans does not explicitly mention configuring the Linux-based application, although Sans can use Linux (lines 28-30 of col 16). Pampati et al teach configuring Linux application ([0068] – configuring applications for a plurality of platform). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to configure the Linux applications since that will enhance performance of the Linux based system. With the consideration of the type of OS, the application can be further optimized for the system.
For claim 10 and claim 18, Sans teaches configure the application after installation (lines 35-55 of col 11 – installed software receives the configuration data). Sans does not explicitly mention configuring the windows-based application, although Sans can use Windows (lines 28-30 of col 16). Pampati et al teach configuring Windows application ([0068] – configuring applications for a plurality of platform). It would have been obvious for one ordinary skill in the art before the effective filing date of the invention to configure the Windows applications since that will enhance performance of the Windows based system. With the consideration of the type of OS, the application can be further optimized for the system.
Conclusion
PTO-892 cites additional references that provide the background and related information, but are not relied upon for rejections.
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/FAHMIDA RAHMAN/Primary Examiner, Art Unit 2175