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 .
Claims 1-20 are subject to examination and rejected.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,095,671. Although the claims at issue are not identical, they are not patentably distinct from each other because of the reasons below:
Instant Application
U.S. Patent No. 12,095,671
Claim 1. A method for reducing latency in a telecommunications network, the method comprising:
requesting, by a network function (NF), resource metrics from one or more NFs registered with a network function repository function (NRF);
checking, by the NF upon earlier expiration of an isolation timer or a periodic timer, a status of a NF not providing an update to the resource metrics;
determining, by the NF using a response timer, a round-trip time for each registered NF with updated resource metrics; and
ranking, by the NF, each registered NF using the round-trip time and the updated resource metrics.
Claim 1. A method for reducing latency in a telecommunications network, the method comprising:
receiving, by a network function (NF) at registration time with a network function repository function (NRF), resource metrics and a network address for each NF registered with the NRF;
invoking, by the NF, one or more network addresses to request updated resource metrics from an associated NF;
starting, by the NF, a response timer for each invoked network address;
stopping, by the NF, the response timer for each invoked network address upon receipt of an updated resource metrics from the associated NF;
checking, by the NF, a status of a non-responsive NF upon earlier expiration of an isolation timer or a periodic timer;
determining, by the NF, a round-trip time for each associated NF having a start time and a stop time; and
determining, by the NF, a ranking for each NF based on the round-trip time and the updated resource metrics.
Claim 10. A telecommunications network comprising:
a network function repository function (NRF) configured with a list of network functions (NFs) operating in the telecommunications network, the NRF configured to provide resource metrics of listed NFs to each NF at a time of registration with the NRF; and
each NF in the list is further configured to:
initiate a response timer for each request sent to update the resource metrics from one or more NFs in the list;
send a status check to a non-responsive NF to the request upon earlier expiration of an isolation timer or a refresh timer;
calculate a round-trip time based on the response timer for a responsive NF to the request; and
determine a rating for each responsive NF based on the round-trip time and received updated resource metrics.
Claim 10. A telecommunications network comprising:
one or more network functions (NFs), each NF configured to provide services to other NFs; and
a network function repository function (NRF) configured with a list of each NF of the one or more NFs operating in the telecommunications network, the NRF configured to provide a uniform resource locator and resource metrics of listed NFs to each NF at a time of registration with the NRF,
wherein each NF in the list is further configured to:
request updated resource metrics from one or more NFs in the list;
initiate a response timer for each request;
send another request to a non-responsive NF upon earlier expiration of an isolation timer or a refresh timer;
calculate a round-trip time based on receipt of a response from a NF; and
determine a rating for each NF for which a response is received, the rating based on the round-trip time and the updated resource metrics.
Claim 17. A method for reducing latency in a telecommunications network, the method comprising:
initiating, by a network function (NF), a response timer for each request sent to update resource metrics from one or more NFs provided by a network function repository function (NRF);
sending, by the NF, a status check to a non-responsive NF upon earlier expiration of an isolation timer or a refresh timer;
calculating, by the NF, a round-trip time based on the response timer for a responsive NF; and
determining, by the NF, a rating for each responsive NF based on the round-trip time and received updated resource metrics.
Claim 17. A method for reducing latency in a telecommunications network, the method comprising:
registering by a network function (NF) with a network function repository function (NRF);
receiving, by the NF from the NRF, resource metrics and a uniform resource locator (URL) for each NF registered with the NRF;
requesting, by the NF, updated resource metrics from one or more registered NFs using an associated URL;
checking, by the NF, a status of a non-responsive NF upon earlier expiration of an isolation timer or a periodic timer;
determining, by the NF using a response timer, a round-trip time for each registered NF for which a response was received with the updated resource metrics; and
ranking, by the NF, each registered NF using the round-trip time and the updated resource metrics.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHONG G KIM whose telephone number is (571)270-0619. The examiner can normally be reached Mon-Fri @ 9am - 5pm.
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, Nicholas R. Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHONG G KIM/Examiner, Art Unit 2443
/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443
Prosecution Insights