DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
The amendment(s) filed 09/25/2026 have been entered.
Per the 09/25/2026 amendment(s):
Claim(s) 1, 12 and 18 are currently amended.
Claim(s) 1-20 are now pending.
Response to Arguments
Applicant’s arguments, see Pages 9-13 of Remarks, filed 09/25/2026, with respect to §103 rejections have been fully considered and are persuasive. The §103 rejection(s) have/has been withdrawn. The non-statutory double patenting rejections are maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,101,257 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because both claims are directed to redirecting a client request from a first workload to a second workload when the first workload exceeds a capacity threshold. Below is a table showing the correspondence between instant Claims 1-12 and 18 and Claims 1-12 and 18 of the conflicting Patent, with differences underlined.
Claim No.
instant application
(18/786,114)
Conflicting Patent
(US 12,101,257 B2)
Claim No.
1
A method comprising:
A method comprising:
…
1
running a first workload hosted on a cloud-computing network that is remote from an enterprise edge network, wherein the first workload is a facsimile of a workload on devices of the enterprise edge network;
a second workload that is a facsimile of the first workload, the second workload hosted on a cloud computing network that is remote from the enterprise edge network.
Note: examiner is mapping “first workload” of the instant application to “second workload” of the Conflicting Patent
1
determining that a capacity associated with the first workload meets or exceeds a threshold capacity;
The method of claim 1, further comprising: determining that a capacity associated with the second workload meets or exceeds the threshold capacity; and
9
receiving a request to establish a connection between a client device and the first workload;
receiving, from a client device and at the one or more devices of the enterprise edge network, a request to establish a connection between the client device and the first workload;
1
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up a second workload hosted on the cloud-computing network, the second workload being a facsimile of the first workload; and
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up a third workload on resources of the cloud computing network, the third workload being a facsimile of at least one of the first workload or the second workload.
9
based at least in part on the capacity meeting or exceeding the threshold capacity for the first workload hosted on the cloud-computing network, redirecting a client device to establish a connection with the second workload hosted on the cloud-computing network instead of the first workload hosted on the cloud-computing network.
redirecting, by an orchestration system associated with the enterprise edge network, the client device to establish the connection with a second workload that is a facsimile of the first workload, the second workload hosted on a cloud computing network that is remote from the enterprise edge network.
1
2
The method of claim 1, further comprising:
The method of claim 1, further comprising:
2
determining that the capacity associated with the first workload is less than the threshold capacity; and
determining that the capacity associated with the first workload is less than the threshold capacity; and
based at least in part on the capacity being less than the threshold capacity, causing the connection to be established between the client device and the first workload.
based at least in part on the capacity being less than the threshold capacity, causing the connection to be established between the client device and the first workload.
3
The method of claim 1, further comprising:
The method of claim 1, further comprising:
3
determining that the capacity associated with the first workload is less than the threshold capacity; and based at least in part on the capacity being less than the threshold capacity,
determining that the capacity associated with the first workload is less than the threshold capacity; and based at least in part on the capacity being less than the threshold capacity,
causing new connections to be established between client devices and the first workload while maintaining the connection between the client device and the second workload hosted on the cloud-computing network.
causing new connections to be established between client devices and the first workload while maintaining the connection between the client device and the second workload hosted on the cloud computing network.
4
The method of claim 1, further comprising:
The method of claim 1, further comprising:
4
obtaining, by an orchestration system associated with the enterprise edge network, configuration data indicating a configuration associated with the first workload; and
obtaining, by the orchestration system, configuration data indicating a configuration associated with the first workload; and
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up, by the orchestration system, the second workload on resources of the cloud-computing network,
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up, by the orchestration system, the second workload on resources of the cloud computing network,
wherein the configuration associated with the first workload is replicated by the orchestration system in the second workload based at least in part on the configuration data.
wherein the configuration associated with the first workload is replicated by the orchestration system in the second workload based at least in part on the configuration data.
5
The method of claim 4, wherein the configuration data is indicative of a networking policy associated with the first workload.
The method of claim 4, wherein the configuration data is indicative of a networking policy associated with the first workload.
5
6
The method of claim 1, wherein the connection is at least one of a virtual private network (VPN) connection, a Zero Trust Networking (ZTN) connection, a reverse proxy connection, or a forward proxy connection, and
The method of claim 1, wherein the connection is at least one of a virtual private network (VPN) connection, a Zero Trust Networking (ZTN) connection, a reverse proxy connection, or a forward proxy connection, and
6
wherein the first workload and the second workload are associated with a security function.
wherein the first workload and the second workload are associated with a security function.
7
The method of claim 1, further comprising receiving, at the enterprise edge network and from the second workload hosted on the cloud-computing network, a portion of traffic sent by the client device over the connection.
The method of claim 1, further comprising receiving, at the enterprise edge network and from the second workload hosted on the cloud-computing network, a portion of traffic sent by the client device over the connection.
7
8
The method of claim 1, further comprising:
The method of claim 1, further comprising:
8
prior to determining that the capacity associated with the first workload meets or exceeds the threshold capacity, establishing another connection between another client device and the first workload; and
prior to determining that the capacity associated with the first workload meets or exceeds the threshold capacity, establishing another connection between another client device and the first workload; and
based at least in part on the determining that the capacity associated with the first workload meets or exceeds the threshold capacity, migrating the other connection such that the other connection is between the other client device and the second workload hosted on the cloud-computing network.
based at least in part on the determining that the capacity associated with the first workload meets or exceeds the threshold capacity, migrating the other connection such that the other connection is between the other client device and the second workload hosted on the cloud-computing network.
9
The method of claim 1, further comprising:
The method of claim 1, further comprising:
9
determining that a capacity associated with the second workload meets or exceeds the threshold capacity; and
determining that a capacity associated with the second workload meets or exceeds the threshold capacity; and
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up a third workload on resources of the cloud-computing network, the third workload being a facsimile of at least one of the first workload or the second workload.
based at least in part on the capacity meeting or exceeding the threshold capacity, spinning up a third workload on resources of the cloud computing network, the third workload being a facsimile of at least one of the first workload or the second workload.
10
The method of claim 1, wherein determining that the capacity meets or exceeds the threshold capacity comprises:
The method of claim 1, wherein determining that the capacity meets or exceeds the threshold capacity comprises:
10
receiving, at a monitor of the cloud-computing network, utilization data indicating a utilization history associated with the first workload;
receiving, at a monitor of the cloud-computing network, utilization data indicating a utilization history associated with the first workload;
receiving, at the monitor, capacity data indicating the capacity associated with the first workload; and
receiving, at the monitor, capacity data indicating the capacity associated with the first workload; and
determining, by the monitor and based at least in part on the utilization data and the capacity data, that the capacity meets or exceeds the threshold capacity.
determining, by the monitor and based at least in part on the utilization data and the capacity data, that the capacity meets or exceeds the threshold capacity.
11
The method of claim 10, wherein the monitor determines that the capacity meets or exceeds the threshold capacity at least partially using machine-learning techniques.
The method of claim 10, wherein the monitor determines that the capacity meets or exceeds the threshold capacity at least partially using machine-learning techniques.
11
12
A system comprising: one or more processors; and one or more non-transitory computer-readable media storing instructions that, when executed, cause the one or more processors to perform operations comprising:
A system comprising:
one or more processors; and
one or more non-transitory computer-readable media storing instructions that, when executed, cause the one or more processors to perform operations comprising:
12
running a first secure access node hosted on a cloud-computing network that is remote from an enterprise edge network, wherein the first secure access node is a facsimile of a secure access node on devices of the enterprise edge network;
causing a facsimile of the secure access node to be hosted on resources of a cloud-computing network that is remote from the enterprise edge network; and
determining that a capacity associated with the first secure access node meets or exceeds a threshold capacity;
determining that a capacity associated with a secure access node of an enterprise edge network meets or exceeds a threshold capacity;
receiving a request to establish a connection between a client device and the first secure access node;
redirecting, by an orchestration system associated with the enterprise edge network, a connection request received from a first client device …;
based at least in part on the capacity meeting or exceeding the threshold capacity for the first secure access node hosted on the cloud-computing network, spinning up a second secure access node hosted on the cloud-computing network, the second secure access node being a facsimile of the first secure access node; and
based at least in part on the capacity meeting or exceeding the threshold capacity, causing a facsimile of the secure access node to be hosted on resources of a cloud-computing network that is remote from the enterprise edge network; and
at least one of:
based at least in part on the capacity meeting or exceeding the threshold capacity, redirecting the client device to establish a connection with the second secure access node hosted on the cloud-computing network instead of the first secure access node hosted on the cloud-computing network.
redirecting, by an orchestration system associated with the enterprise edge network, a connection request received from a first client device such that a first connection is established between the first client device and the facsimile of the secure access node; or
migrating, by the orchestration system associated with the enterprise edge network, an existing connection between a second client device and the secure access node such that a second connection is established between the second client device and the facsimile of the secure access node.
18
One or more non-transitory computer-readable media storing instructions that, when executed, cause one or more processors to perform operations comprising:
One or more non-transitory computer-readable media storing instructions that, when executed, cause one or more processors to perform operations comprising:
18
running a first secure access node hosted on a cloud-computing network that is remote from an enterprise edge network, wherein the first secure access node is a facsimile of a secure access node on devices of the enterprise edge network;
based at least in part on the capacity meeting or exceeding the threshold capacity, causing a facsimile of the secure access node to be hosted on resources of a cloud-computing network that is remote from the enterprise edge network; and
determining that a capacity associated with the first secure access node meets or exceeds a threshold capacity;
determining that a capacity associated with a secure access node of an enterprise edge network meets or exceeds a threshold capacity;
receiving a request to establish a connection between a client device and the first secure access node;
redirecting, by an orchestration system associated with the enterprise edge network, a connection request received from a first client device …;
based at least in part on the capacity meeting or exceeding the threshold capacity for the first secure access node hosted on the cloud-computing network, spinning up a second secure access node hosted on the cloud-computing network, the second secure access node being a facsimile of the first secure access node; and
based at least in part on the capacity meeting or exceeding the threshold capacity, causing a facsimile of the secure access node to be hosted on resources of a cloud-computing network that is remote from the enterprise edge network; and
at least one of:
based at least in part on the capacity meeting or exceeding the threshold capacity, redirecting the client device to establish a connection with the second secure access node hosted on the cloud-computing network instead of the first secure access node hosted on the cloud-computing network.
redirecting, by an orchestration system associated with the enterprise edge network, a connection request received from a first client device such that a first connection is established between the first client device and the facsimile of the secure access node; or
migrating, by the orchestration system associated with the enterprise edge network, an existing connection between a second client device and the secure access node such that a second connection is established between the second client device and the facsimile of the secure access node.
The instant Claims 13-17 and 19-20 can be respectively mapped to Claims 13-17 and 19-20 of the Conflicting Patent and are rejected based on the overlap.
As indicated above, the subject matter claimed in the instant application is fully disclosed in the conflicting Patent and is covered by the conflicting Patent. The instant application and the conflicting Patent are claiming common subject matter, and the difference in limitation(s) are merely differences in wording. Therefore, Claims 1-20 are rejected on the ground of nonstatutory obviousness type double patenting in light of the conflicting Patent Claims 1-20.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHAWN D MILLER whose telephone number is (571)272-8599. The examiner can normally be reached M-TR 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Charles C Jiang can be reached at (571) 270-7191. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHAWN D MILLER/Primary Examiner, Art Unit 2412
