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 .
This Office Action is in response to the application 18/829,185 filed on 09/09/2024.
Claims 1-20 are pending in this application.
Priority
Acknowledgment is made of Applicant's claim for domestic priority to CON of 18/585,030 02/22/2024 PAT 12,088,655.
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. 12,088,655 B1. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim of the instant application is merely obvious variations of the claims 1-20 of U.S. Patent No. 12,088,655 B1 of US Application no. 18/585,030, and as such is unpatentable for obvious-type double patenting which is outlined in the table below:
Instant Application # 18,829,185
U.S. Patent No. 12,088,655 (Application 18,585,030
1. A system for detecting real-time delays in electronic communications over computer networks, using parallel processing streams, in an ongoing manner and with limited access to intermediary devices, the system comprising: one or more processors; and one or more non-transitory, computer readable mediums comprising instructions that when executed by the one or more processors cause operations comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for a first application implemented on an intermediary device, and wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein the first application performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device;
comparing, by the second application, a first sequence indicium from a first data packet from the supplemented data packets to a second sequence indicium from a second data packet from the supplemented data packets to determine a processing speed for a first application, wherein the first application is implemented on the intermediary device; and
determining the processing speed for the first application based on comparing the first sequence indicium to the second sequence indicium.
15. A system for detecting real-time delays in electronic communications over computer networks, using parallel processing streams, in an ongoing manner and with limited access to intermediary devices, the system comprising: one or more processors; and one or more non-transitory, computer readable mediums comprising instructions that when executed by the one or more processors cause operations comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for a first application implemented on an intermediary device, and wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein the first application performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device;
retrieving, by the second application, a first data packet and a second data packet from the supplemented data packets of the parallel processing stream in response to detecting a correlation, based on a processing action performed by the first application, between a third data packet and a fourth data packet in the incoming data stream, wherein the first data packet is supplemented with a first sequence indicium, and wherein the second data packet is supplemented with a second sequence indicium;
comparing, by the second application, the first sequence indicium to the second sequence indicium to determine a processing speed for a first application, wherein the first application is implemented on the intermediary device; and generating for display, on a user interface, the processing speed for the first application.
2. A method for detecting real-time delays in electronic communications over computer networks, using parallel processing streams, in an ongoing manner and with limited access to intermediary devices, the method comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for an intermediary device, wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein a first application implemented on the intermediary device performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device;
comparing a first sequence indicium from a first data packet from the supplemented data packets to a second sequence indicium from a second data packet from the supplemented data packets to determine a processing speed for a first application; and determining the processing speed for the first application based on comparing the first sequence indicium to the second sequence indicium.
1. A method for detecting real-time delays in electronic communications over computer networks, using parallel processing streams, in an ongoing manner and with limited access to intermediary devices, the method comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for an intermediary device, wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein a first application implemented on the intermediary device performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device;
retrieving a first data packet and a second data packet from the supplemented data packets of the parallel processing stream, wherein the first data packet is supplemented with a first sequence indicium, and wherein the second data packet is supplemented with a second sequence indicium;
comparing the first sequence indicium to the second sequence indicium to determine a processing speed for a first application; and generating for display, on a user interface, the processing speed for the first application.
16. One or more non-transitory, computer readable mediums comprising instructions that, when executed by one or more processors, cause operations comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for an intermediary device, wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein a first application implemented on the intermediary device performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device; and
comparing a first sequence indicium from a first data packet from the supplemented data packets to a second sequence indicium from a second data packet from the supplemented data packets to determine a processing speed for the first application.
16. One or more non-transitory, computer readable mediums comprising instructions that, when executed by one or more processors, cause operations comprising:
receiving an incoming data stream, wherein the incoming data stream is destined for an intermediary device, wherein the incoming data stream comprises time-series data comprising data packets at discrete time intervals, and wherein a first application implemented on the intermediary device performs one or more processing actions based on information detected in the data packets;
generating a parallel processing stream by mirroring the incoming data stream prior to receipt by the intermediary device and supplementing each of the data packets with a respective sequence indicium corresponding to a respective time interval to generate supplemented data packets, wherein the parallel processing stream is destined for a second application implemented on a secondary device;
retrieving a first data packet and a second data packet from the supplemented data packets of the parallel processing stream, wherein the first data packet is supplemented with a first sequence indicium, and wherein the second data packet is supplemented with a second sequence indicium; and
comparing the first sequence indicium to the second sequence indicium to determine a processing speed for the first application.
Although the claims 1, 2 and 16 at issue are not identical, they are not patentably distinct from each other because the limitations of claims 1, 2 and 16 of the instant application are disclosed by the limitations of claims 15, 1 and 16 of U.S. Patent No. 18,585,030, and as such is unpatentable for obvious-type double patenting.
Instant Application Claims 3-15 recite substantially the same limitations as the patented claims 2-14 of U.S. Patent No. 18,585,030, therefore the application claims 3-15 are anticipated by the patented claims 2-14.
Instant Application Claims 17-20 recite substantially the same limitations as the patented claims 17-20 of U.S. Patent No. 18,585,030, therefore the application claims 17-20 are anticipated by the patented claims 17-20.
Therefore, Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,088,655. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are merely obvious variations of the claims 1-20 of U.S. Patent No. 12,088,655, and as such is unpatentable for obvious-type double patenting.
Allowable Subject Matter
The following is a statement of reasons for the indication of allowable subject matter: claims 1-20 are allowed because it includes limitations identified as allowable in the US Patent Number 12,088,655 B1. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
6. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
- Soni et al., US 2022/0182306 A1, A system and method for processing electronic data messages mitigate the transmission of one or more electronic messages including a sequence of data as a plurality of packets characterized by a sequence.
- Sandhaus et al., US 2023/0379249 A1, A network device, system-on-a-chip, and method of performing packet handling are described.
- PANDAMANETI et al., US 2024/0111510 A1, Systems and methods for migrating data from a legacy software program to a new software program.
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/M.J.S/Examiner, Art Unit 2459 /TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
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