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 .
DETAILED ACTION
This is response to Application 18/784,543 filed on 07/25/2024 in which claims 1-20 are presented for examination.
Allowable Subject Matter
Claims 10 and 19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-6, 8, 9, 11-16, 18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 10,382,401 B1) in view of Mathew et al. (US 2022/0353180 A1).
1. Regarding claim 1, Lee teaches a device for communicating within a network, the device comprising:
at least one processor; and
at least one memory storing instructions that, when executed by the at least one processor, cause the device to
receive, from a network gateway, a connectivity policy for the device (Fig. 10, 11A, 11B, and 23 col 19 lines 59-67controller with connection policies; endpoint is a machine as well as a gateway); and
facilitate communication between the device and the network gateway according to the connectivity policy (Fig. 24 establish and maintain continuous connections between the controller and the endpoints), wherein
the device includes a kernel (Fig. 23 networking kernel)
the connectivity policy specifies at least one of the first kernel tunnel or the
second kernel tunnel for uplink transmission of packets from the device (Fig. 24 and 29A establish a secure tunnel).
Lee does not explicitly disclose kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy.
Mathew teaches kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy (Paragraph [0048] kernel; virtual switch includes fast path and slow path/first and second tunnels).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy as taught by Mathew in the system of Lee for efficient packet lookup and forwarding see Paragraph [0048] of Mathew.
2. Regarding claim 12, Lee teaches a network gateway for facilitating communication within a network, the network gateway comprising:
at least one processor; and
at least one memory storing instructions that, when executed by the at least one processor, cause the network gateway to
send a connectivity policy to a device within the network (Fig. 10, 11A, 11B, and 23 col 19 lines 59-67controller with connection policies; endpoint is a machine as well as a gateway); and
facilitate communication between the device and the network gateway according to the
connectivity policy (Fig. 10, 11A, 11B, and 23 col 19 lines 59-67controller with connection policies; endpoint is a machine as well as a gateway), and
the connectivity policy specifies at least one of the first kernel tunnel or the
second kernel tunnel for downlink transmission of packets to the device (Fig. 24 and 29A establish a secure tunnel).
Lee does not explicitly disclose kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy.
Mathew teaches kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy (Paragraph [0048] kernel; virtual switch includes fast path and slow path/first and second tunnels).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide kernel with at least a first kernel tunnel and a second kernel tunnel, the first kernel tunnel connecting the device to the network gateway via a first access network and the second kernel tunnel connecting the device to the network gateway via a second access network, and the device includes a kernel virtual switch configured to switch between the first kernel tunnel and the second kernel tunnel to facilitate the communication between the device and the network gateway based on the connectivity policy as taught by Mathew in the system of Lee for efficient packet lookup and forwarding see Paragraph [0048] of Mathew.
3. Regarding claim 2, Lee in view of Mathew teaches wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the device to:
receive, from the network gateway, a virtual internet protocol (IP) address, default policies, and application policies for the device (Lee, col 20 lines 63-67, col 21 lines 23-30, and col 31 lines 52-63 virtual IP addresses and policy evaluation).
4. Regarding claim 3, Lee in view of Mathew teaches, wherein the communication between the device and the network gateway facilitates communication between the device and at least one other device via the virtual IP address of the device and a virtual IP address of the at least one other device, the virtual IP address of the at least one other device being assigned by the network gateway (Lee, Fig. 24 and col 20 lines 63-67, col 21 lines 23-30, and col 31 lines 52-63 virtual IP addresses and policy evaluation).
5. Regarding claim 4, Lee in view of Mathew teaches, wherein the communication between the device and the network gateway facilitates communication between the device and a cloud-based device via the virtual IP address of the device and a physical IP address of the cloud-based device (Lee, Fig 19 Cloud over IP system; hybrid).
6. Regarding claims 5 and 15, Lee in view of Mathew teaches, wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the device to:
maintain the communication between the device and the network by switching from the first kernel tunnel to the second kernel tunnel upon an event indicating that communication should no longer occur via the first kernel tunnel (Mathew, Paragraph [0048] kernel; virtual switch includes fast path and slow path/first and second tunnels).
7. Regarding claims 6 and 16, Lee in view of Mathew teaches wherein the connectivity policy specifies a priority order of the first kernel tunnel and the second kernel tunnel for each network flow from the device (Lee, Fig. 24 establish and maintain continuous connections between the controller and the endpoints, Mathew, Paragraph [0048] kernel; virtual switch includes fast path and slow path/first and second tunnels).
8. Regarding claim 8, Lee in view of Mathew teaches wherein the connectivity policy is overridden by another connectivity policy (Lee, Fig. 24 establish and maintain continuous connections between the controller and the endpoints).
9. Regarding claims 9 and 18, Lee in view of Mathew teaches wherein facilitating of the communication between the device and the network gateway according to the connectivity policy includes performing load balancing between the first kernel tunnel and the second kernel tunnel and directing data of the device to the network gateway based on network conditions (Lee, Fig. 30, col. 62 lines 50-67 load balancer)
10. Regarding claims 11 and 20, Lee in view of Mathew teaches wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the device to:
update the connectivity policy at the kernel virtual switch upon a change in a network condition (Lee, Fig. 24 establish and maintain continuous connections between the controller and the endpoints, Mathew, Paragraph [0048] kernel; virtual switch includes fast path and slow path/first and second tunnels).
11. Regarding claim 13, Lee in view of Mathew teaches, wherein the at least one memory stores instructions that,
when executed by the at least one processor, cause the network gateway to:
assign a virtual internet protocol (IP) address to the device within the network, wherein the network gateway is configured to facilitate the communication between the device and the network gateway to enable communication between the device and at least one other device via the virtual IP address of the device and a virtual IP address of the at least one other device, the virtual IP address of the at least one other device being assigned by the network gateway (Lee, Fig. 24 and col 20 lines 63-67, col 21 lines 23-30, and col 31 lines 52-63 virtual IP addresses and policy evaluation).
12. Regarding claim 14, Lee in view of Mathew teaches, wherein the network gateway is configured to facilitate the communication between the device and the network gateway to enable communication between the device and a cloud-based device via the virtual IP address of the device and a physical IP address of the cloud-based device (Lee, Fig 19 Cloud over IP system; hybrid).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 10,382,401 B1) in view of Mathew et al. (US 2022/0353180 A1) in further view of Fletcher et al. (US 2007/0153782 A1).
13. Regarding claims 7 and 17, Lee in view of Mathew does not explicitly disclose wherein the at least one memory stores instructions that, when executed by the at least one processor, cause the device to:
replicate and send a packet from the device via each of the first kernel tunnel and the second kernel tunnel; wherein a first packet is accepted at a packet destination and a remainder of the packets are discarded at the packet destination.
Fletcher teaches replicate and send a packet from the device via each of the first kernel tunnel and the second kernel tunnel; wherein a first packet is accepted at a packet destination and a remainder of the packets are discarded at the packet destination (Paragraph [0110] packet replication; first packet is used and the others are dropped).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide replicate and send a packet from the device via each of the first kernel tunnel and the second kernel tunnel; wherein a first packet is accepted at a packet destination and a remainder of the packets are discarded at the packet destination as taught by Fletcher in the system of Lee in view of Mathew for enhanced performance see abstract of Fletcher.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure:
Tung et al. (US 2015/0350068 A1) tunnel controller
Tran et al. (US 2012/0240197 A1) tethering policies
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DIANE LEE LO whose telephone number is (571)270-1952. The examiner can normally be reached Monday - Friday 8 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faruk Hamza can be reached at (571)272-7969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DIANE L LO/Primary Examiner, Art Unit 2466
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