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 .
Double Patenting
Claims 1, 8, and 15 of this application is patentably indistinct from claim 1 of Application No. 16/397,706. Pursuant to 37 CFR 1.78(f), when two or more applications filed by the same applicant or assignee contain patentably indistinct claims, elimination of such claims from all but one application may be required in the absence of good and sufficient reason for their retention during pendency in more than one application. Applicant is required to either cancel the patentably indistinct claims from all but one application or maintain a clear line of demarcation between the applications. See MPEP § 822.
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, 8, and 15 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12107670. Although the claims at issue are not identical, they are not patentably distinct from each other because of the following.
Below is a table with the claims of the instant application and patented application
Instant application 18/812,186
Patented application 16/397,706
Patent #12107670)
1. A method comprising: receiving, by a virtual service implemented by a computing device from a node via a network, a synchronization message indicating a first time associated with the node; and based on a time differential between the first time and a second time of a clock associated with the computing device, sending, by the virtual service via the node to one or more devices, one or more messages.
2. The method of claim 1, further comprising: storing, in a database table independent of the virtual service, the time differential, wherein the database table indicates a plurality of time differentials each associated with a respective virtual service paired with a corresponding node.
3. The method of claim 1, wherein the one or more messages comprise a time stamp based on the time differential.
4 The method of claim 1, wherein: the first time comprises a time in a first time domain associated with the node; the first time comprises a time of a clock associated with the node; or the second time comprises a time in a second time domain associated with the computing device.
5. The method of claim 1, further comprising: receiving, by a second virtual service implemented by the computing device, a second synchronization message indicating a third time associated with a second node; and based on a second time differential between the third time and the second time of the clock associated with the computing device, sending, by the second virtual service via the second node to one or more second devices, one or more second messages.
6. The method of claim 1, further comprising: updating, based on a degree of clock drift between the clock associated with the computing device and a clock associated with the node, the time differential.
7. The method of claim 6, further comprising: determining a second time differential associated with the virtual service and the node; and determining, based on the time differential and the second time differential, the degree of clock drift.
8. A computing device comprising: one or more processors; and memory storing instructions, when executed by the one or more processors, configure the computing device to: receive, by a virtual service implemented by the computing device from a node via a network, a synchronization message indicating a first time associated with the node; and based on a time differential between the first time and a second time of a clock associated with the computing device send, by the virtual service via the node to one or more devices, one or more messages.
9. The computing device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the computing device to: store, in a database table independent of the virtual service, the time differential, wherein the database table indicates a plurality of time differentials each associated with a respective virtual service paired with a corresponding node.
10. The computing device of claim 8, wherein the one or more messages comprises a time stamp based on the time differential.
11. The computing device of claim 8, wherein: the first time comprises a time in a first time domain associated with the node; the first time comprises a time of a clock associated with the node; or the second time comprises a time in a second time domain associated with the computing device.
12. The computing device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the computing device to: receive, by a second virtual service implemented by the computing device, a second synchronization message indicating a third time associated with a second node; and based on a second time differential between the third time and the second time of the clock associated with the computing device, send, by the second virtual service via the second node to one or more second devices, one or more second messages.
13. The computing device of claim 8, wherein the instructions, when executed by the one or more processors, further configure the computing device to: update, based on a degree of clock drift between the clock associated with the computing device and a clock associated with the node, the time differential.
14. The computing device of claim 13, wherein the instructions, when executed by the one or more processors, further configure the computing device to: determine a second time differential associated with the virtual service and the node; and determine, based on the time differential and the second time differential, the degree of clock drift.
15. At least one non-transitory computer readable storage medium storing computer readable instructions which, when executed, cause: receiving, by a virtual service implemented by a computing device from a node via a network, a synchronization message indicating a first time associated with the node; and based on a time differential between the first time and a second time of a clock associated with the computing device, sending, by the virtual service via the node to one or more devices, one or more messages.
16. The at least one non-transitory computer readable storage medium of claim 15, wherein the instructions, when executed, further cause: storing, in a database table independent of the virtual service, the time differential, wherein the database table indicates a plurality of time differentials each associated with a respective virtual service paired with a corresponding node.
17. The at least one non-transitory computer readable storage medium of claim 15, wherein the one or more messages comprises a time stamp based on the time differential.
18. The at least one non-transitory computer readable storage medium of claim 15, wherein: the first time comprises a time in a first time domain associated with the node; the first time comprises a time of a clock associated with the node; or the second time comprises a time in a second time domain associated with the computing device.
19. The at least one non-transitory computer readable storage medium of claim 15, wherein the instructions, when executed, further cause: receiving, by a second virtual service implemented by the computing device, a second synchronization message indicating a third time associated with a second node; and based on a second time differential between the third time and the second time of the clock associated with the computing device, sending, by the second virtual service via the second node to one or more second devices, one or more second messages.
20. The at least one non-transitory computer readable storage medium of claim 15, wherein the instructions, when executed, further cause: updating, based on a degree of clock drift between the clock associated with the computing device and a clock associated with the node, the time differential.
1. A method comprising: receiving, by a virtual service implemented by a computing device from a node via a network, a synchronization message indicating a first timestamp associated with the node; determining, based on a clock associated with the computing device, a second timestamp associated with the computing device; determining, based on the first timestamp and the second timestamp, a time differential associated with the virtual service and the node; and based on the time differential, sending, by the virtual service via the node to one or more devices, one or more messages.
2. The method of claim 1, further comprising: storing, in a database table independent of the virtual service, the time differential, wherein the database table indicates a plurality of time differentials each associated with a virtual service paired with a node.
3. The method of claim 1, further comprising: configuring, based on a capacity of the computing device, a second virtual service on the computing device; based on detecting a failure of the virtual service, configuring the second virtual service with the time differential; and communicating, by the second virtual service and based on the time differential, with the node.
4. The method of claim 1, further comprising: configuring, based on a capacity of the computing device, a second virtual service on a second computing device; and determining, based on a clock associated with the second computing device, a second time differential associated with the node.
5. The method of claim 1, further comprising: based on detecting a failure of the virtual service, configuring a second virtual service with a second time differential; and communicating, by the second virtual service and based on the second time differential, with the node.
6. The method of claim 1, further comprising:
updating, based on a frequency based on a degree of clock drift between the clock associated with the computing device and a clock associated with the node, the time differential.
7. The method of claim 6, further comprising: determining a second time differential associated with the virtual service and the node; and determining, based on the time differential and the second time differential, the degree of clock drift.
8. The method of claim 1, further comprising: determining, based on the clock associated with the computing device and the time differential, a third timestamp; and sending, to the node, a message to be modulated by the node, wherein the message indicates the third timestamp.
9. The method of claim 1, further comprising: determining, based on a third timestamp of the clock associated with the computing device and based on the time differential, a first value for a clock associated with the virtual service and the node, wherein the first value indicates an expected timestamp value, of a clock associated with the node, when a message sent by the virtual service at the third timestamp will be received by the node.
10. The method of claim 1, further comprising: scheduling, based on a clock associated with the time differential, data to be sent to the node.
11. A method comprising: receiving, by a computing device configured to execute a plurality of virtual services from a plurality of nodes via a network, a plurality of first timestamps; determining, based on a clock associated with the computing device, a plurality of second timestamps; determining, based on the plurality of first timestamps and the plurality of second timestamps, a plurality of time differentials associated with the plurality of nodes; and managing, based on the plurality of time differentials, communications from the plurality of virtual services via the plurality of nodes.
12. The method of claim 11, wherein the plurality of first timestamps are based on clocks associated with the plurality of nodes.
13. The method of claim 11, further comprising: determining, based on a clock associated with a second computing device, a plurality of second time differentials associated with the plurality of nodes; and storing, in a database table of the second computing device, the plurality of second time differentials.
14. The method of claim 11, further comprising: based on detecting a failure of a virtual service of the plurality of virtual services, configuring a virtual service of a second computing device with a time differential associated with a node and the failed virtual service.
15. The method of claim 11, further comprising: based on detecting a failure of a virtual service of the plurality of virtual services, configuring a backup virtual service of the computing device with a time differential, of the plurality of time differentials, associated with a node and the failed virtual service.
16. The method of claim 11, further comprising: determining, based on degrees of clock drift between the clock associated with the computing device and clocks associated with the plurality of nodes, a plurality of updating frequencies associated with the plurality of nodes; and updating, based on the plurality of updating frequencies, the plurality of time differentials.
17. The method of claim 11, wherein the plurality of virtual services comprises a plurality of virtual cable modem termination systems (vCMTSs), and wherein the plurality of nodes comprises a plurality of remote PHY devices (RPDs).
22. The method of claim 1, wherein the one or more messages comprises one or more of: a message scheduling sending of content, a synchronization message, or a message allocating upstream bandwidth.
23. The method of claim 11, wherein the managing communications comprises one or more of: sending one or more messages via the nodes, scheduling sending of content, or allocating upstream bandwidth.
24. A method comprising: receiving, by a virtual service implemented by a computing device and from a node, a synchronization message indicating a first timestamp associated with the node; determining, based on a clock associated with the computing device, a second timestamp associated with the computing device; determining, based on the first timestamp and the second timestamp, a time differential associated with the virtual service and the node; and based on the time differential, sending, to one or more additional devices via the node, one or more messages comprising one or more of: the time differential, or a time stamp based on the time differential.
25. The method of claim 24, wherein the receiving comprises receiving the synchronization message via a network.
26. The method of claim 24, further comprising updating, based on a frequency based on a degree of clock drift between the clock associated with the computing device and a clock associated with the node, the time differential.
27. The method of claim 1, further comprising: sending, by the virtual service, one or more messages comprising one or more of: the time differential, or a time stamp based on the time differential.
28. The method of claim 1, wherein the virtual service is associated with a content delivery system, and wherein the node is configured to implement physical (PHY) layer functions of the content delivery system.
29. The method of claim 1, wherein the one or more devices comprise one or more user devices.
Claims 2-7, 9-14, and 16-20 are also rejectable being either the same as one of the dependent claims of the patented application or a combination or modification of the dependent claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a) US 20100329125 A1 teaches timing Over Packet Performance For Packet Switching Network Involves Calculating Clock Offset At Second Network Element Which Synchronizes Second Clock With First Clock Using Clock Offset; and
b) US-20160112182-A1 teaches network timing synchronization for virtual machine (VM) host systems and related methods.
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