DETAILED ACTION
The instant application having application No 18/815,679 filed on 08/26/2024 is presented for examination by the examiner.
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 obviousness-type 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); and 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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 21-40 of Patent Application No. 17341317 (hereafter Patent Application). Although the conflicting claims are not identical, they are not patentably distinct from each other because both claims are based on the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine and vice versa.
For claim 1, Patent Application disclose a system for managing network traffic in a virtualized environment, comprising a plurality of host machines comprising a first host machine, the first host machine comprising a virtualization software configured to manage one or more virtual machines (VMs) and network resources; and a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine, the MPREs being configured as a logical routing element (LRE) that for operating across the plurality of host machines for MPRE to route data packets locally; wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine, each LIF being identified by a network address and a network segment identifier(See Claim 21).
For claim 2, Patent Application disclose the MPRE is further configured to provide
network address translation (NAT) for the VMs hosted on the first host machine (See Claim 23).
For claim 3, Patent Application disclose the first host machine further comprises a
managed physical switching element (MPSE) (See Claim 24).
For claim 4, Patent Application disclose the MPSE comprises a plurality of ports for
performing link layer forwarding of packets to and from a set of virtual machines running on the first host machine (See Claim 24).
For claim 5, Patent Application disclose the MPRE is further configured to provide
a firewall to control a flow of data packets between VMs and external network elements (See Claim 21).
For claim 6, Patent Application disclose each LIF is associated with a unique virtual
MAC address (VMAC) for packet forwarding within the first host machine (See Claim 23).
For claim 7, Patent Application disclose each LIF provides address resolution
protocol (ARP) functionalities to resolve network addresses for the VMs (See Claim 25).
For claim 8, Patent Application disclose the first host is assigned a unique physical
MAC (PMAC) address for addressing the MPRE from other host machines, wherein different host machines are assigned different PMACs (See Claim 26).
For claim 9, Patent Application disclose the MPRE is further configured to perform
network layer routing to forward the received data packet from a first virtual machine of a first network segment to a second virtual machine of a second network segment (See Claim 21).
For claim 10, Patent Application disclose the first host machine further comprises a
managed physical switching element (MPSE) comprising a plurality of ports for performing link layer forwarding of packets to and from a set of virtual machines running on the host machine, each port associated with a unique media access control (MAC) address (See Claim 21).
For claim 11, Patent Application disclose a system for managing network traffic in a virtualized environment, comprising: a plurality of host machines comprising a first host machine, the first host machine Comprising a virtualization software configured to manage one or more virtual machines (VMs) and network resources; a managed physical switching element (MPSE) comprising a plurality of ports for performing link layer forwarding of packets to and from a set of virtual machines running on the first host machine, each port associated with a unique media access control (MAC) address; and a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine; wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine(See Claim 36).
For claim 12, Patent Application disclose the MPRE is further configured to provide
a firewall to control a flow of data packets between VMs and external network elements (See Claim 21).
For claim 13, Patent Application disclose each LIF is associated with a unique virtual
MAC address (VMAC) for packet forwarding within the first host machine (See Claim 23).
For claim 14, Patent Application disclose the MPRE is further configured to provide
network address translation (NAT) for the VMs hosted on the first host machine (See Claim 23).
For claim 15, Patent Application disclose the MPRE is configured as a logical
routing element (LRE) (See Claim 21).
For claim 16, Patent Application disclose each LIF is identified by a network address
and a network segment identifier (See Claim 23).
For claim 17, Patent Application disclose each LIF provides address resolution
protocol (ARP) functionalities to resolve network addresses for the VMs (See Claim 25).
For claim 18, Patent Application disclose the first host is assigned a unique physical
MAC (PMAC) address for addressing the MPRE from other host machines, wherein different host machines are assigned different PMACs (See Claim 26).
For claim 19, Patent Application disclose the MPRE is further configured to perform
network layer routing to forward the received data packet from a first virtual machine of a first network segment to a second virtual machine of a second network segment (See Claim 21).
For claim 20, Patent Application disclose each LIF being identified by a network
address and a network segment identifier (See Claim 23).
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
Claims 1-7, 9, 11-17, and 19-20 are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Koponen et al. (U.S. 20120120964, May 17, 2012) in view of Twitchell (U.S 20120020352, Jan. 26, 2012).
Regarding Claim 1, Koponen discloses a system for managing network traffic in a virtualized environment, comprising a plurality of host machines (page 41, line 1-2, the host machines comprise virtual machines (plurality of virtual machines)) comprising a first host machine, the first host machine comprising a virtualization software configured to manage one or more virtual machines (VMs) and network resources(page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs(virtual machines) hosted in the host send out packets).
Koponen discloses all aspects of the claimed invention, except a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine, the MPREs being configured as a logical routing element (LRE) that for operating across the plurality of host machines for MPRE to route data packets locally; wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine, each LIF being identified by a network address and a network segment identifier segment.
Twitchell is the same field of invention teaches a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine, the MPREs being configured as a logical routing element (LRE) that for operating across the plurality of host machines for MPRE to route data packets locally(page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE), the packet as it is passed from the networking hardware);
wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine, each LIF being identified by a network address and a network segment identifier segment (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE).
Koponen and Twitchel are analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify based on the virtual machine of a first network segment to a second virtual machine of a second network segment teaching of Koponen to include the packet including a header and a payload, by virtual dispersive routing (VDR) software (MPRE) the teaching of Twitchel because it is providing support for IPv4 and IPv6 addressing schemes.
Regarding Claim 2, Koponen discloses the MPRE is further configured to provide network address translation (NAT) for the VMs hosted on the first host machine (page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs (virtual machines) hosted in the host send out packets, the packets are sent out, the packets sent to the intended destinations through a managed switching element (MPSE).
Regarding Claim 3, Koponen discloses the first host machine further comprises a managed physical switching element (MPSE) (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines that are each assigned a set of network addresses (e.g., a MAC address, an IP address etc.) and can send and receive network data to and from other network elements).
Regarding Claim 4, Koponen discloses the MPSE comprises a plurality of ports for performing link layer forwarding of packets to and from a set of virtual machines running on the first host machine (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines that are each assigned a set of network addresses (e.g., a MAC address, an IP address etc.)).
Regarding Claim 5, Koponen discloses the MPRE is further configured to provide a firewall to control a flow of data packets between VMs and external network elements (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines).
Regarding Claim 6, Koponen discloses each LIF is associated with a unique virtual MAC address (VMAC) for packet forwarding within the first host machine (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines that are each assigned a set of network addresses (e.g., a MAC address, an IP address etc.) and can send and receive network data to and from other network elements).
Regarding Claim 7, Koponen discloses each LIF provides address resolution
protocol (ARP) functionalities to resolve network addresses for the VMs (page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs (virtual machines) hosted in the host send out packets).
Regarding Claim 9, Koponen discloses the MPRE is further configured to perform network layer routing to forward the received data packet from a first virtual machine of a first network segment to a second virtual machine of a second network segment (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE), the packet as it is passed from the networking hardware, modifying, by the VDR software, the packet to include information associated with the second device, and transmitting the packet using a virtual machine for a network connection that virtualizes network capabilities of the networking hardware, the virtual machine being managed by the VDR software).
Regarding Claim 11, Koponen discloses system for managing network traffic in a virtualized environment, comprising: a plurality of host machines (page 41, line 1-2, the host machines comprise virtual machines (plurality of virtual machines)) comprising a first host machine, the first host machine Comprising a virtualization software configured to manage one or more virtual machines (VMs) and network resources (page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs (virtual machines) hosted in the host send out packets);
Koponen discloses all aspects of the claimed invention, except managed physical switching element (MPSE) comprising a plurality of ports for performing link layer forwarding of packets to and from a set of virtual machines running on the first host machine, each port associated with a unique media access control (MAC) address; and a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine; wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine.
Twitchell is the same field of invention teaches managed physical switching element (MPSE) comprising a plurality of ports for performing link layer forwarding of packets to and from a set of virtual machines running on the first host machine, each port associated with a unique media access control (MAC) address(page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE), the packet as it is passed from the networking hardware); and a managed physical routing element (MPRE) configured to perform local packet forwarding of data packets between VMs hosted on the first host machine(page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE);
wherein the MPRE is associated with one or more logical interfaces (LIFs) that provide routing functionality for network segments associated with the first machine(page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device).
Koponen and Twitchel are analogous art because they are from the same field of endeavor of access to a service device.
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify based on the virtual machine of a first network segment to a second virtual machine of a second network segment teaching of Koponen to include the packet including a header and a payload, by virtual dispersive routing (VDR) software (MPRE) the teaching of Twitchel because it is providing support for IPv4 and IPv6 addressing schemes.
Regarding Claim 12, Koponen discloses the MPRE is further configured to provide a firewall to control a flow of data packets between VMs and external network elements (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines).
Regarding Claim 13, Koponen discloses each LIF is associated with a unique virtual MAC address (VMAC) for packet forwarding within the first host machine (page 11, par (0176), line 1-15, each of the hosts includes a managed switching element (MPSE) and several VMs (virtual machines) virtual machines that are each assigned a set of network addresses (e.g., a MAC address, an IP address etc.) and can send and receive network data to and from other network elements).
Regarding Claim 14, Koponen discloses the MPRE is further configured to provide network address translation (NAT) for the VMs hosted on the first host machine (page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs (virtual machines) hosted in the host send out packets, the packets are sent out, the packets sent to the intended destinations through a managed switching element (MPSE).
Regarding Claim 15, Koponen discloses all aspects of the claimed invention, except the MPRE is configured as a logical routing element (LRE).
Twitchell is the same field of invention teaches the MPRE is configured as a logical routing element (LRE) (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE), the packet as it is passed from the networking hardware).
Regarding Claim 16, Koponen discloses all aspects of the claimed invention, except each LIF is identified by a network address and a network segment identifier.
Twitchell is the same field of invention teaches each LIF is identified by a network address and a network segment identifier (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software (MPRE).
Regarding Claim 17, Koponen discloses each LIF provides address resolution
protocol (ARP) functionalities to resolve network addresses for the VMs (page 36, par (0362), line 1-15, see Fig 32 shows the host is a server on which VM runs, the host includes a network interface through which one or more VMs (virtual machines) hosted in the host send out packets).
Regarding Claim 19, Koponen discloses all aspects of the claimed invention, except the MPRE is further configured to perform network layer routing to forward the received data packet from a first virtual machine of a first network segment to a second virtual machine of a second network segment.
Twitchell is the same field of invention teaches the MPRE is further configured to perform network layer routing to forward the received data packet from a first virtual machine of a first network segment to a second virtual machine of a second network segment (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE), the packet as it is passed from the networking hardware, modifying, by the VDR software, the packet to include information associated with the second device, and transmitting the packet using a virtual machine for a network connection that virtualizes network capabilities of the networking hardware, the virtual machine being managed by the VDR software).
Regarding Claim 20, Koponen discloses each LIF being identified by a network
address and a network segment identifier (page 3, par (0039), line 1-10, network routing using virtualization, includes receiving, at networking hardware of a second device, a packet transmitted by a first device, the packet including a header and a payload, by virtual dispersive routing (VDR) software(MPRE).
Examiner Notice
Claim 1 would be allowable if (i) claim 8 or 10 is incorporated into the independent claim 1, (i) resolve double patenting rejection.
Claim 11 would be allowable if (i) claim 8 or 10 or 18 is incorporated into the independent claim 11, (i) resolve double patenting rejection.
Conclusion
The match art made of record and not relied upon is considered pertinent to applicant's disclosure are:
Zhou et al. (US 20110205931, Aug. 25, 2011) teaches System and Method For Managing Flow of Packets.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IQBAL ZAIDI whose telephone number is (571)270-3943. The examiner can normally be reached on M to Thu 8.a.m to 6.p.m..
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//IQBAL ZAIDI/
Primary Examiner, Art Unit 2464
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