DETAILED ACTION
This Office Action is in response to the Preliminary Amendments filed August 26, 2024. Claim(s) 1-11 have been amended. Claims 13-18 have been added. Therefore, Claim(s) 1-18 is/are pending and have been considered as follows.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/26/2024 & 4/28/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim(s) 12 is/are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter.
As to Claim 12, Claim 12 discloses “A router, that disconnects communication established between a router and a first provider…”. However, the body of the claim does not provide any hardware elements associated with router. Therefore, the claim is non-statutory and software per se.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Love et al. (US 8,145,788 B1, hereinafter Love).
As to Amended Claim 1, Love discloses a control system, comprising:
at least a processor (Love; Fig. 4); and
a memory in circuit communication with the processor (Love; Fig. 4),
wherein the processor is configured to execute program instructions stored in the memory to perform (Love; Fig. 4):
monitoring a public server accessible via lines of at least two Internet service providers ((Love; Fig. 2; [col. 4, lines 29-54]), where Love discloses at least two ISP being assessable to a server.); and
routing, wherein
the monitoring comprises notifying load information indicating a load state of the public server ((Love; Fig. 3; [col. 5, lines 23-57]), where Love discloses a connection manager can manage the load of the network.), and
the routing comprises:
selecting an Internet service provider according to the load information notified by the monitoring ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network.); and
determining a delivery route in such a way that a packet is delivered through a line of the Internet service provider selected by the selecting ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network and routing the packets through the identified ISP.).
As to Amended Claim 2, Love discloses the control system according to claim 1, wherein the monitoring comprises notifying the load information when a load on the public server is equal to or greater than a predetermined threshold value (Love; [col. 8, lines 8-36]).
As to Amended Claim 3, Love discloses the control system according to claim 1, wherein the monitoring comprises not generating a new notification of load information until a predetermined time has elapsed since the load information has been notified (Love; [col. 8, lines 8-36; col. 14, lines 18-30]).
As to Amended Claim 4, Love discloses the control system according to claim 1, wherein the selecting comprises blocking a delivery route via the line of the Internet service provider used before the selection when the delivery of a transmission packet has been started through a delivery route via the line of the selected Internet service provider ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to Amended Claim 5, Love discloses the control system according to claim 1, wherein the routing comprises delivering a packet transmitted by a computer provided in an internal network to an Internet through a line of the Internet service provider selected by the selecting ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to Amended Claim 6, Love discloses a control method, comprising: executed by a computer,
monitoring a public server accessible via lines of at least two Internet service providers ((Love; Fig. 2; [col. 4, lines 29-54]), where Love discloses at least two ISP being assessable to a server.);
wherein the monitoring comprises notifying load information indicating a load state of the public server ((Love; Fig. 3; [col. 5, lines 23-57]), where Love discloses a connection manager can manage the load of the network.);
selecting an Internet service provider according to the load information notified by the server monitoring step ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network.); and
determining a delivery route in such a way that a packet is delivered through a line of the Internet service provider selected by the selecting ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network and routing the packets through the identified ISP.).
As to Amended Claim 7, Love discloses the control method according to claim 6, wherein the monitoring comprises notifying the load information when a load on the public server is equal to or greater than a predetermined threshold value (Love; [col. 8, lines 8-36]).
As to Amended Claim 8, Love discloses the control method according to claim 6, wherein the monitoring comprises not generating a new notification of load information until a predetermined time has elapsed since the load information has been notified (Love; [col. 8, lines 8-36; col. 14, lines 18-30]).
As to Amended Claim 9, Love discloses a computer-readable non-transitory recording medium recording a program, the program causing a computer to execute:
a server monitoring process of monitoring a public server accessible via lines of at least two Internet service providers ((Love; Fig. 2; [col. 4, lines 29-54]), where Love discloses at least two ISP being assessable to a server.);
wherein the server monitoring process comprises notifying load information indicating a load state of the public server ((Love; Fig. 3; [col. 5, lines 23-57]), where Love discloses a connection manager can manage the load of the network.);
a selection process of selecting an Internet service provider according to the load information notified by the server monitoring process ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network.); and
a control process of determining a delivery route in such a way that a packet is delivered through a line of the Internet service provider selected by the selection process ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network and routing the packets through the identified ISP.).
As to Amended Claim 10, Love discloses the medium according to claim 9, wherein the server monitoring process comprises notifying the load information when a load on the public server is equal to or greater than a predetermined threshold value (Love; [col. 8, lines 8-36]).
As to Amended Claim 11, Love discloses the program-medium according to claim 9, wherein the server monitoring process comprises not generating a new notification of load information until a predetermined time has elapsed since the load information has been notified (Love; [col. 8, lines 8-36; col. 14, lines 18-30]).
As to Claim 12, Love discloses a router, that disconnects communication established between the router and a first provider in a communication path between a public server
and the first provider and establishes communication between a second provider and the router, when a load on the public server satisfies a condition for switching a provider ((Love; Figs. 8-9, 14; [col. 8, lines 65 – col. 9, lines 23; col. 11, lines 30-55]), where Love discloses determining an ISP based on the load of the network and routing the packets through the identified ISP.)
As to New Claim 13, Love discloses the control method according to claim 6, wherein the selecting comprises blocking a delivery route via the line of the Internet service provider used before the selection when the delivery of a transmission packet has been started through a delivery route via the line of the selected Internet service provider ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to New Claim 14, Love discloses the control method according to claim 6, comprising: executed by a computer, delivering a packet transmitted by a computer provided in an internal network to an Internet through a line of the Internet service provider selected by the selecting ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to New Claim 15, Love discloses the medium according to claim 9, wherein the selection process comprises blocking a delivery route via the line of the Internet service provider used before the selection when the delivery of a transmission packet has been started through a delivery route via the line of the selected Internet service provider ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to New Claim 16, Love discloses the medium according to claim 9, wherein the program causing the computer to execute:
a process of delivering a packet transmitted by a computer provided in an internal network to an Internet through a line of the Internet service provider selected by the selection process ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to New Claim 17, Love discloses the router according to claim 12, that blocks a delivery route via the line of the Internet service provider used before the selection when the delivery of a transmission packet has been started through a delivery route via the line of the selected Internet service provider ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
As to New Claim 18, Love discloses the router according to claim 12, that delivers a packet transmitted by a computer provided in an internal network to an Internet through a line of the selected Internet service provider ((Love; Fig. 14; [col. 8, lines 55 – col. 9, lines 4; col. 11, lines 30-67]), where Love discloses routes are identified based on the load and ISP rules.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian Gillis can be reached at (571) 272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BENJAMIN M THIEU/Primary Examiner, Art Unit 2441 3.6.2026