CTNF 18/783,726 CTNF 73852 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 Action is in response to Application filed on July 25, 2024 in which claims 1-20 are presented for examination. Priority 02-26 AIA Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement The information disclosure statement (IDS) submitted on March 30 2026 and September 05, 2024 are was in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Double Patenting 08-33 AIA 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. 08-34 AIA Claim s 1-8 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-8 of U.S. Patent No. 12,074,922 . Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-8 of the present application are being anticipated by claims 1-8 of the U.S. Patent No. 12,074,922 . Application No. 18/783726 US Patent No. 12,074,922 B2 1. A system comprising: a processor; and a machine-readable storage medium comprising instructions executable by the processor to: monitor status of a first application server instance executing within a cluster computing environment , wherein the first application server instance is to implement a communication session established using a signaling protocol ; on determining that the first application server instance is non-operational , select a second application server instance; and cause a mid-session request received from a communication network, to be directed to a second application server instance , wherein the mid-session request pertains to the communication session , and wherein the communication session is continued to be supported by the second application server instance. 2.The system as claimed in claim 1, wherein the instructions are further executable by the processor to update session affinity information within a key-value store of the cluster computing environment, wherein the session affinity information, when updated, is to associate the communication session with the second application server instance from the first application server instance. 3.The system as claimed in claim 1, the instructions are executable by the processor to select the second application server instance based on a selection parameter, the selection parameter comprising service name of a service implementing the communication session, a predefined policy, hardware configuration of a deployable unit executing the second application server instance, availability of the second application server instance, or a combination thereof. 4.The system as claimed in claim 3, wherein to cause the mid-session request to be directed to the second application server instance, the instructions are executable by the processor to: determine the selection parameter associated with the first application server instance; compare the selection parameter with corresponding selection parameters associated with a plurality of application server instances executing within the cluster computing environment; and identify the second application server instance from amongst the plurality of application server instances on determining that the selection parameter associated with the first application server instance matches the selection parameter associated with the second application server instance. 5.The system as claimed in claim 1, wherein on determining the first application server instance is non-operational, the instructions executable by the processor are to update a status of the first application server instance as unavailable in a key-value store within the cluster computing environment. 6.The system as claimed in claim 4, wherein the key-value store is to store one of a communication state information and an application state information of the communication session. 7.The system as claimed in claim 1, wherein the instructions executable by the processor are to: receive a signaling protocol response upon directing the mid-session request to the second application server instance; and transmit the signaling protocol response to a communication network. 8.The system as claimed in claim 1, wherein the signaling protocol is Session Initiation Protocol. 9.A method comprising: receiving, by a second application server instance, a mid-session request pertaining to a communication session previously implemented by a first application server instance within a cluster computing environment; obtaining one of a communication state information and an application state information corresponding to the communication session implemented by the first application server instance; and processing the mid-session request by the second application server instance to manage the communication session based on one of the communication state information and the application state information. 10.The method as claimed in claim 9, wherein the method comprises: in response to receiving the mid-session request by the second application server instance, determining whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieving one of the communication state information and the application state information on determining that the session context is not present within the cache. 11.The method as claimed in claim 10, wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof. 12.The method as claimed in claim 9, wherein the method further comprises: continuing the communication session through the second application server instance; and updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance. 13.The method as claimed in claim 12, wherein a copy of the updated communication state information and updated application state information is stored within a local cache of the second application server instance. 14.A non-transitory computer-readable medium comprising computer-readable instructions being executable by a processing resource to: cause a second application server instance to retrieve one of a communication state information and an application state information corresponding to an ongoing communication session, wherein the ongoing communication session is implemented by a first application server instance within a cluster computing environment; and continue the communication session through the second application server instance based on one of the communication state information and the application state information. 15.The non-transitory computer-readable medium as claimed in claim 14, wherein the instruction are executable to further: determine receipt of a mid-session request pertaining to the communication session; and process the mid-session request by the second application server instance based on one of the communication state information and the application state information. 16.The non-transitory computer-readable medium as claimed in claim 15, wherein the instruction are executable to further: in response to receiving the mid-session request by the second application server instance, determine whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieve one of the communication state information and the application state information on determining that the session context is not present within the cache. 17.The non-transitory computer-readable medium as claimed in claim 16, wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof. 18.The non-transitory computer-readable medium as claimed in claim 14, wherein the first application server instance and the second application server instance are each implemented within a first deployable unit of computing and a second logical deployable unit of computing. 19.The non-transitory computer-readable medium as claimed in claim 18, wherein the first logical deployable unit of computing and the second deployable unit of computing is a pod. 20.The non-transitory computer-readable medium as claimed in claim 14, wherein the instruction are executable to further: updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance. 1. A system comprising: a processor; and a machine-readable storage medium comprising instructions executable by the processor to: monitor status of a first application server instance executing within a cluster computing environment , wherein the first application server instance is to implement a communication session established using a signaling protocol ; on determining that the first application server instance is non-operational , select a second application server instance; and cause a mid-session request, received from a communication network, to be directed to the second application server instance , wherein the mid-session request pertains to the communication session ; and cause the second application server instance to process the mid-session request based on one of a communication state information and an application state information corresponding to the communication session implemented by the first application server instance, wherein the communication session is continued to be supported by the second application server instance. 2. The system as claimed in claim 1, wherein the instructions are further executable by the processor to update session affinity information within a key-value store of the cluster computing environment, wherein the session affinity information, when updated, is to associate the communication session with the second application server instance from the first application server instance. 3. The system as claimed in claim 1, the instructions are executable by the processor to select the second application server instance based on a selection parameter, the selection parameter comprising service name of a service implementing the communication session, a predefined policy, hardware configuration of a deployable unit executing the second application server instance, availability of the second application server instance, or a combination thereof. 4.The system as claimed in claim 3, wherein to cause the mid-session request to be directed to the second application server instance, the instructions are executable by the processor to: determine the selection parameter associated with the first application server instance; compare the selection parameter with corresponding selection parameters associated with a plurality of application server instances executing within the cluster computing environment; and identify the second application server instance from amongst the plurality of application server instances on determining that the selection parameter associated with the first application server instance matches the selection parameter associated with the second application server instance. 5.The system as claimed in claim 1, wherein on determining the first application server instance is non-operational, the instructions executable by the processor are to update a status of the first application server instance as unavailable in a key-value store within the cluster computing environment. 6.The system as claimed in claim 5, wherein the key-value store is to store the one of the communication state information and the application state information of the communication session. 7. The system as claimed in claim 1, wherein the instructions executable by the processor are to: receive a signaling protocol response upon directing the mid-session request to the second application server instance; and transmit the signaling protocol response to the communication network. 8. The system as claimed in claim 1, wherein the signaling protocol is Session Initiation Protocol. 9. A method comprising: receiving, by a second application server instance, a mid-session request pertaining to a communication session previously implemented by a first application server instance within a cluster computing environment; obtaining one of a communication state information and an application state information corresponding to the communication session implemented by the first application server instance; and processing the mid-session request by the second application server instance to manage the communication session based on one of the communication state information and the application state information. 10. The method as claimed in claim 9, wherein the method comprises: in response to receiving the mid-session request by the second application server instance, determining whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieving one of the communication state information and the application state information on determining that the session context is not present within the local cache. 11. The method as claimed in claim 10, wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof. 12. The method as claimed in claim 9, wherein the method further comprises: continuing the communication session through the second application server instance; and updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance. 13. The method as claimed in claim 12, wherein a copy of the updated communication state information and updated application state information is stored within a local cache of the second application server instance. 14. A non-transitory computer-readable medium comprising computer-readable instructions being executable by a processing resource to: cause a second application server instance to retrieve one of a communication state information and an application state information corresponding to an ongoing communication session, wherein the ongoing communication session is implemented by a first application server instance within a cluster computing environment; and continue the communication session through the second application server instance based on one of the communication state information and the application state information. 15. The non-transitory computer-readable medium as claimed in claim 14, wherein the instruction are executable to further: determine receipt of a mid-session request pertaining to the communication session; and process the mid-session request by the second application server instance based on one of the communication state information and the application state information. 16. The non-transitory computer-readable medium as claimed in claim 15, wherein the instruction are executable to further: in response to receiving the mid-session request by the second application server instance, determine whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieve one of the communication state information and the application state information on determining that the session context is not present within the local cache. 17. The non-transitory computer-readable medium as claimed in claim 16, wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof. 18. The non-transitory computer-readable medium as claimed in claim 14, wherein the first application server instance and the second application server instance are each implemented within a first deployable unit of computing and a second deployable unit of computing. 19. The non-transitory computer-readable medium as claimed in claim 18, wherein the first deployable unit of computing and the second deployable unit of computing is a pod. 20. The non-transitory computer-readable medium as claimed in claim 14, wherein the instruction are executable to further: updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance . 08-30 AIA A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co. , 151 U.S. 186 (1894); In re Vogel , 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert , 245 F.2d 467, 114 USPQ 330 (CCPA 1957). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 08-31 AIA Claim s 9-20 is/are rejected under 35 U.S.C. 101 as claiming the same invention as that of claim s 9-20 of prior U.S. Patent No. U.S. Patent No. 12,074,922 . This is a statutory double patenting rejection. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 9-20 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Seenivasan et al. US Publication No. 2022/0360503 . As per claim 9, Seenivasan et al. disclose “a method” by providing ( method and a system for monitoring application services in network. The system comprises ASM client and ASM server. The ASM client is configured in UE to monitor parameters related to applications in UE. The ASM server monitors VAL server based on parameters associated with VAL server. The ASM server obtain status information of VAL server by performing either pull procedure, push procedure, and subscribe-notify procedure. Further, the ASM server provides the status information to one or more entities for performing one or more actions. Thus, facilitates the system to monitor the application services and indicate one or more entities to perform corrective actions to provide seamless and uninterrupted services to users (See Abstract ); and, Seenivasan et al. also disclose “receiving, by a second application server instance, a mid-session request pertaining to a communication session previously implemented by a first application server instance within a cluster computing environment” ( Paragraphs 0042-0043 describing second ASM server 304 receives the status request from the first ASM server 303 to obtain the status information of the VAL sever 305 ); “obtaining one of a communication state information and an application state information corresponding to the communication session implemented by the first application server instance” ( Paragraph 0039 describing he ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107. In another example, the ASM server 105 may obtain the status information of the VAL server 104 when the VAL server 104 is deployed in a distributed network. The distributed network is a network system over which computer programming, software, and data are spread out across in more than one computer and communicate complex messages through nodes and are dependent upon each other. The distributed network may include a plurality of ASM servers ); and “processing the mid-session request by the second application server instance to manage the communication session based on one of the communication state information and the application state information” ( Paragraphs 0042-0044 describing second ASM server 304 transmits the status request to the VAL server 305 to obtain the status information. The VAL server 305 receives the status request from the second ASM server 304. The VAL server 305 transmits the status information to the second ASM server 304 ). As per claim 14, Seenivasan et al. disclose “a non-transitory computer-readable medium comprising computer-readable instructions being executable by a processing resource” by providing ( method and a system for monitoring application services in network. The system comprises ASM client and ASM server. The ASM client is configured in UE to monitor parameters related to applications in UE. The ASM server monitors VAL server based on parameters associated with VAL server. The ASM server obtain status information of VAL server by performing either pull procedure, push procedure, and subscribe-notify procedure. Further, the ASM server provides the status information to one or more entities for performing one or more actions. Thus, facilitates the system to monitor the application services and indicate one or more entities to perform corrective actions to provide seamless and uninterrupted services to users (See Abstract ); and, Seenivasan et al. also disclose “Cause a second application server instance to retrieve one of a communication state information and an application state information corresponding to an ongoing communication session, wherein the ongoing communication session is implemented by a first application server instance within a cluster computing environment” ( Paragraphs 0042-0043 describing second ASM server 304 receives the status request from the first ASM server 303 to obtain the status information of the VAL sever 305 ); “and continue the communication session through the second application server instance based on one of the communication state information and the application state information” ( Paragraph 0039 describing he ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107. In another example, the ASM server 105 may obtain the status information of the VAL server 104 when the VAL server 104 is deployed in a distributed network. The distributed network is a network system over which computer programming, software, and data are spread out across in more than one computer and communicate complex messages through nodes and are dependent upon each other. The distributed network may include a plurality of ASM servers ); ( Paragraphs 0042-0044 describing second ASM server 304 transmits the status request to the VAL server 305 to obtain the status information. The VAL server 305 receives the status request from the second ASM server 304. The VAL server 305 transmits the status information to the second ASM server 304 ). Regarding claim 9, Seenivasan et al. disclose “a method” by providing ( method and a system for monitoring application services in network. The system comprises ASM client and ASM server. The ASM client is configured in UE to monitor parameters related to applications in UE. The ASM server monitors VAL server based on parameters associated with VAL server. The ASM server obtain status information of VAL server by performing either pull procedure, push procedure, and subscribe-notify procedure. Further, the ASM server provides the status information to one or more entities for performing one or more actions. Thus, facilitates the system to monitor the application services and indicate one or more entities to perform corrective actions to provide seamless and uninterrupted services to users (See Abstract ); and, Seenivasan et al. also disclose “receiving, by a second application server instance, a mid-session request pertaining to a communication session previously implemented by a first application server instance within a cluster computing environment” ( Paragraphs 0042-0044 describing second ASM server 304 receives the status request from the first ASM server 303 to obtain the status information of the VAL sever 305 ); “obtaining one of a communication state information and an application state information corresponding to the communication session implemented by the first application server instance” ( Paragraph 0039 describing he ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107. In another example, the ASM server 105 may obtain the status information of the VAL server 104 when the VAL server 104 is deployed in a distributed network. The distributed network is a network system over which computer programming, software, and data are spread out across in more than one computer and communicate complex messages through nodes and are dependent upon each other. The distributed network may include a plurality of ASM servers ); and “processing the mid-session request by the second application server instance to manage the communication session based on one of the communication state information and the application state information” ( Paragraphs 0042-0044 describing second ASM server 304 transmits the status request to the VAL server 305 to obtain the status information. The VAL server 305 receives the status request from the second ASM server 304. The VAL server 305 transmits the status information to the second ASM server 304 ). As per claim 10, Seenivasan et al. disclose “wherein the method comprises: in response to receiving the mid-session request by the second application server instance, determining whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieving one of the communication state information and the application state information on determining that the session context is not present within the cache ( Paragraph 0039 describing the ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107). As per claim 11, Seenivasan et al. disclose “wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof ( Paragraphs 0042-0044 ). As per claims 12-13, Seenivasan et al. disclose “wherein the method further comprises: continuing the communication session through the second application server instance; and updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance ”; “wherein a copy of the updated communication state information and updated application state information is stored within a local cache of the second application server instance” (Paragraph 0058 describing FIG. 3B includes the ASM server 301 and the VAL server 302. In the push procedure, at step 1, the VAL server 302 decides to update status information to the ASM server 301 based on configuration or local policies periodically or upon certain situations. The VAL server 302 decides to update the status information to the ASM server 301 based on a threshold value corresponding to each of the one or more parameters associated with the VAL server 302. At step 2, the VAL server 302 transmits monitoring information report to the ASM server 301. The VAL server 302 transmits the status information of the VAL server 302 to the ASM server 301 in the monitoring information report ). As per claim 15, Seenivasan et al. disclose “wherein the instruction are executable to further: determine receipt of a mid-session request pertaining to the communication session, and process the mid-session request by the second application server instance based on one of the communication state information and the application state information ( Paragraphs 0042-0044 describing second ASM server 304 receives the status request from the first ASM server 303 to obtain the status information of the VAL sever 305 ). As per claim 16, Seenivasan et al. disclose “wherein the instruction are executable to further: in response to receiving the mid-session request by the second application server instance, determine whether a session context pertaining to the communication session is present within a local cache of the second application server instance; and retrieve one of the communication state information and the application state information on determining that the session context is not present within the cache” ( Paragraph 0039 describing the ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107). As per claim 17, Seenivasan et al. disclose “wherein the session context is to indicate information pertaining to a state of the communication session, state of an application implementing the communication, or a combination thereof ( Paragraphs 0042-0044 ). As per claim 18, Seenivasan et al. disclose “wherein the first application server instance and the second application server instance are each implemented within a first deployable unit of computing and a second logical deployable unit of computing ( Figures 1-8 and corresponding text ). As per claim 19, Seenivasan et al. disclose “wherein the first logical deployable unit of computing and the second deployable unit of computing is a pod ( Figures 1-8 and corresponding text ). As per claim 20, Seenivasan et al. disclose “wherein the instruction are executable to further: updating a key-value store associated with the cluster computing environment with updated communication state information and updated application state information of the communication session, wherein the key-value store when updated associates the updated communication state information and updated application state information with the second application server instance” (Paragraph 0058 describing FIG. 3B includes the ASM server 301 and the VAL server 302. In the push procedure, at step 1, the VAL server 302 decides to update status information to the ASM server 301 based on configuration or local policies periodically or upon certain situations. The VAL server 302 decides to update the status information to the ASM server 301 based on a threshold value corresponding to each of the one or more parameters associated with the VAL server 302. At step 2, the VAL server 302 transmits monitoring information report to the ASM server 301. The VAL server 302 transmits the status information of the VAL server 302 to the ASM server 301 in the monitoring information report ) . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-21-aia AIA Claim (s) 1-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Seenivasan et al. US Publication No. 2022/0360503 in view of Gv et al. US Patent No. 10,789,129 . As per claim 1, Seenivasan et al. disclose “a system comprising: a processor; and a machine-readable storage medium comprising instructions executable by the processor” ( Figures 1 and 7 ) to: “monitor status of a first application server instance executing within a cluster computing environment, wherein the first application server instance is to implement a communication session established using a signaling protocol” by providing ( method and a system for monitoring application services in network. The system comprises ASM client and ASM server. The ASM client is configured in UE to monitor parameters related to applications in UE. The ASM server monitors VAL server based on parameters associated with VAL server. The ASM server obtain status information of VAL server by performing either pull procedure, push procedure, and subscribe-notify procedure. Further, the ASM server provides the status information to one or more entities for performing one or more actions. Thus, facilitates the system to monitor the application services and indicate one or more entities to perform corrective actions to provide seamless and uninterrupted services to users (See Abstract ); and, Seenivasan et al. also disclose “cause a mid-session request received from a communication network, to be directed to a second application server instance, wherein the mid-session request pertains to the communication session, and wherein the communication session is continued to be supported by the second application server instance” ( Paragraphs 0042-0044 describing second ASM server 304 receives the status request from the first ASM server 303 to obtain the status information of the VAL sever 305 ). It is noted however, Seenivasan et al. do not specifically detail the aspects of “on determining that the first application server instance is non- operational, select a second application server instance” as recited in the instant claim 1. On the other hand, Gv et al. disclose “on determining that the first application server instance is non- operational” by identifying a first instance of a first service of the application executing on a first server of the set of servers hosting the application and determining other instances of the first service are unavailable on other servers of the set of servers hosting the application (See Abstract ), and “select a second application server instance” ( Col. 8, lines 48-60 describing the dynamic run list generator 310 may determine, based on the type of server application used (e.g., APACHE TOMCAT®, WILDFLY®, etc.) and select an appropriate script for restoring the underlying service ). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have incorporated the techniques of Gv et al. in the method for monitoring application servers of Seenivasan et al. because they are both directed to management of application servers and are both from the same field of endeavor. Such combination would have enhanced the versatility of Seenivasan et al. by allowing it to effectively facilitate monitoring of application services and indicate entities to perform corrective actions to provide seamless and uninterrupted services to users while maintaining availability on subsets of the application services. As per claim 2, Seenivasan et al. disclose “wherein the instructions are further executable by the processor to update session affinity information within a key-value store of the cluster computing environment, wherein the session affinity information, when updated, is to associate the communication session with the second application server instance from the first application server instance” (Paragraph 0058 describing FIG. 3B includes the ASM server 301 and the VAL server 302. In the push procedure, at step 1, the VAL server 302 decides to update status information to the ASM server 301 based on configuration or local policies periodically or upon certain situations. The VAL server 302 decides to update the status information to the ASM server 301 based on a threshold value corresponding to each of the one or more parameters associated with the VAL server 302. At step 2, the VAL server 302 transmits monitoring information report to the ASM server 301. The VAL server 302 transmits the status information of the VAL server 302 to the ASM server 301 in the monitoring information report ). As per claim 3, Seenivasan et al. disclose “the instructions are executable by the processor to select the second application server instance based on a selection parameter, the selection parameter comprising service name of a service implementing the communication session, a predefined policy, hardware configuration of a deployable unit executing the second application server instance, availability of the second application server instance, or a combination thereof ( Figures 1-8 and corresponding text ). As per claim 4, Seenivasan et al. disclose “wherein to cause the mid-session request to be directed to the second application server instance, the instructions are executable by the processor to: determine the selection parameter associated with the first application server instance; compare the selection parameter with corresponding selection parameters associated with a plurality of application server instances executing within the cluster computing environment; and identify the second application server instance from amongst the plurality of application server instances on determining that the selection parameter associated with the first application server instance matches the selection parameter associated with the second application server instance (Paragraphs 0039-0044 ). As per claim 5, Seenivasan et al. disclose “wherein on determining the first application server instance is non-operational, the instructions executable by the processor are to update a status of the first application server instance as unavailable in a key-value store within the cluster computing environment (Paragraph 0058 describing FIG. 3B includes the ASM server 301 and the VAL server 302. In the push procedure, at step 1, the VAL server 302 decides to update status information to the ASM server 301 based on configuration or local policies periodically or upon certain situations. The VAL server 302 decides to update the status information to the ASM server 301 based on a threshold value corresponding to each of the one or more parameters associated with the VAL server 302. At step 2, the VAL server 302 transmits monitoring information report to the ASM server 301. The VAL server 302 transmits the status information of the VAL server 302 to the ASM server 301 in the monitoring information report ). As per claim 6, Seenivasan et al. disclose “wherein the key-value store is to store one of a communication state information and an application state information of the communication session” ( Paragraph 0039 describing the ASM server 105 may communicate with the VAL user database 107 via ASM-VAL-UDB interface to obtain user profile of the VAL server 104, user configuration of the VAL server 104, VAL application server configuration and communication profile which is stored in the VAL user database 107). As per claim 7, Seenivasan et al. disclose “wherein the instructions executable by the processor are to: receive a signaling protocol response upon directing the mid-session request to the second application server instance; and transmit the signaling protocol response to a communication network ( Paragraphs 0093, 0095-0097, 0100 ). As per claim 8, Seenivasan et al. disclose “wherein the signaling protocol is Session Initiation Protocol” ( Paragraphs 0093, 0095-0097, 0100 ). Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FRANTZ COBY whose telephone number is (571)272-4017. The examiner can normally be reached Monday-Thursday 7AM-5:30PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tonia Dollinger can be reached at (571) 272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. 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If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FRANTZ COBY/Primary Examiner, Art Unit 2459 May 26, 2026 Application/Control Number: 18/783,726 Page 2 Art Unit: 2459 Application/Control Number: 18/783,726 Page 3 Art Unit: 2459 Application/Control Number: 18/783,726 Page 4 Art Unit: 2459 Application/Control Number: 18/783,726 Page 5 Art Unit: 2459 Application/Control Number: 18/783,726 Page 6 Art Unit: 2459 Application/Control Number: 18/783,726 Page 7 Art Unit: 2459 Application/Control Number: 18/783,726 Page 8 Art Unit: 2459 Application/Control Number: 18/783,726 Page 9 Art Unit: 2459 Application/Control Number: 18/783,726 Page 10 Art Unit: 2459 Application/Control Number: 18/783,726 Page 11 Art Unit: 2459 Application/Control Number: 18/783,726 Page 12 Art Unit: 2459 Application/Control Number: 18/783,726 Page 13 Art Unit: 2459 Application/Control Number: 18/783,726 Page 14 Art Unit: 2459 Application/Control Number: 18/783,726 Page 15 Art Unit: 2459 Application/Control Number: 18/783,726 Page 16 Art Unit: 2459 Application/Control Number: 18/783,726 Page 17 Art Unit: 2459 Application/Control Number: 18/783,726 Page 18 Art Unit: 2459 Application/Control Number: 18/783,726 Page 19 Art Unit: 2459 Application/Control Number: 18/783,726 Page 20 Art Unit: 2459 Application/Control Number: 18/783,726 Page 21 Art Unit: 2459 Application/Control Number: 18/783,726 Page 22 Art Unit: 2459 Application/Control Number: 18/783,726 Page 23 Art Unit: 2459 Application/Control Number: 18/783,726 Page 24 Art Unit: 2459 Application/Control Number: 18/783,726 Page 25 Art Unit: 2459 Application/Control Number: 18/783,726 Page 26 Art Unit: 2459 Application/Control Number: 18/783,726 Page 27 Art Unit: 2459 Application/Control Number: 18/783,726 Page 29 Art Unit: 2459 Application/Control Number: 18/783,726 Page 30 Art Unit: 2459 Application/Control Number: 18/783,726 Page 31 Art Unit: 2459 Application/Control Number: 18/783,726 Page 32 Art Unit: 2459 Application/Control Number: 18/783,726 Page 33 Art Unit: 2459 Application/Control Number: 18/783,726 Page 34 Art Unit: 2459 Application/Control Number: 18/783,726 Page 35 Art Unit: 2459 Application/Control Number: 18/783,726 Page 36 Art Unit: 2459 Application/Control Number: 18/783,726 Page 37 Art Unit: 2459 Application/Control Number: 18/783,726 Page 38 Art Unit: 2459 Application/Control Number: 18/783,726 Page 39 Art Unit: 2459 Application/Control Number: 18/783,726 Page 40 Art Unit: 2459 Application/Control Number: 18/783,726 Page 41 Art Unit: 2459 Application/Control Number: 18/783,726 Page 42 Art Unit: 2459 Application/Control Number: 18/783,726 Page 43 Art Unit: 2459
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