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 .
1. This is in response to communication filed on 7/09/24 in which claims 1-20 are pending.
Double Patenting
2. 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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4. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-25 of U.S. Patent No. 11,706100 . Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same network management of controlling of network capacity and communication priorities.
U.S. Patent No. 11,706100
U.S. Application No. 18/787997
1. A method of operating a management system in a communications network to manage communications services corresponding to a first venue, the method comprising: storing event type traffic flow prioritization information in a storage device, said event traffic prioritization information indicating for different types of events, different data traffic flow priorities; sending a command to one or more network devices to provide traffic prioritization during an event in accordance with the prioritization information corresponding to the type of event which is occurring;
receiving input information from the first venue indicating, for the first venue, at least two of: event type information, event schedule information, parking lot vehicle occupancy information, parking lot vehicle occupancy change information, information on the number of people in an area, information on the direction of movement in people in an area, or wireless device presence information;
determining, based on the received input information and one or more trained communications resource requirement models which were trained based on information from the first venue, predicted communications resources predicted to be needed by a venue network at the first venue for a first time interval;
and sending a command to one or more network devices to alter the communications resources provided to the first venue based on the predicted communications resources needed for the first time interval.
1. A method of operating a management system in a communications network to manage communications services corresponding to a first venue, the method comprising: storing event type traffic flow prioritization information in a storage device, said event type traffic flow prioritization information indicating, for
different types of events, different data traffic flow priorities;
receiving input information corresponding to the first venue indicating, for the first venue, at least event type information and event schedule information;
and sending a command to one or more network devices to provide traffic prioritization during said first event in accordance with the event type traffic flow prioritization information and the event type information.
It would have been obvious to one with ordinary skill in the art to omit “sending a command to one or more network devices to provide traffic prioritization during an event in accordance with the prioritization information corresponding to the type of event which is occurring” from the present claimed invention in order to merely broaden the scope of the pending claim by omitting the cited limitation.
5. Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,052147. Although the claims at issue are not identical, they are not patentably distinct from each other because they claim the same network management of controlling of network capacity and communication priorities.
U.S. Patent No. 12,052147
U.S. Application No. 18/7878997
15. A management system in a communications network, said management system configured to manage communications services corresponding to a first venue, the management system comprising: a storage device including stored event type traffic flow prioritization information, said event type traffic flow prioritization information indicating for different types of events, different data traffic flow priorities; a receiver; a transmitter; and a processor configured to: control the management system to store event type traffic flow prioritization information in a storage device, said event type traffic flow prioritization information indicating for different types of events, different data traffic flow priorities; operate the receiver to receive input information corresponding to the first venue indicating, for the first venue, at least event type information and event schedule information;
determine, based on the received input information and one or more trained communications resource requirement models which were trained based on information from the first venue, predicted communications resources predicted to be needed by a venue network at the first venue during a first event;
and control the transmitter to send a command to one or more network devices to provide traffic prioritization during said first event in accordance with the event type traffic flow prioritization information and the event type information.
15. A management system in a communications network, said management system configured to manage communications services corresponding to a first venue, the management system comprising: a storage device including stored event type traffic flow prioritization information, said event type traffic flow prioritization information indicating, for different types of events, different data traffic flow priorities; a receiver; a transmitter; and a processor configured to: control the management system to store event type traffic flow prioritization information in a storage device, said event type traffic flow prioritization information indicating, for different types of events, different data traffic flow priorities; operate the receiver to receive input information corresponding to the first venue indicating, for the first venue, at least event type information and event schedule information;
and control the transmitter to send a command to one or more network devices to provide traffic prioritization during said first event in accordance with the event type traffic flow prioritization information and the event type information.
It would have been obvious to one with ordinary skill in the art to omit “determine, based on the received input information and one or more trained communications resource requirement models which were trained based on information from the first venue, predicted communications resources predicted to be needed by a venue network at the first venue during a first event” from the present claimed invention in order to merely broaden the scope of the pending claim by omitting the cited limitation.
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2022/0060911 to Bhorkar et al teaches Network Traffic Forecasting For Non-Ticketed events.
U.S. Patent No. 11,924118 to Kalra et al teaches Dynamic Network Resource Availability for Planned Events.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJENANE BAYARD whose telephone number is (571)272-3878. The examiner can normally be reached 9-5.
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, John Follansbee can be reached at (571)272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJENANE M BAYARD/Primary Examiner, Art Unit 2444