DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 18/886,195 on 09/16/2024. Claims 1-12 are pending; claims 1-12 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/21/2024 was filed before the mailing date of the non-final office action. 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 Objections
Claim 1 is objected to because of the following informalities: “receiving, by a CDN node…” (emphasis added). It is not clear what “CDN” stands for. Examiner assumes that “CDN” stands for “content distribution network” for examination purpose. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication 2021/0211479 A1 to TRIM et al. (hereinafter TRIM) in view of U.S. Patent Application Publication 2013/0086273 A1 to Wray et al. (hereinafter Wray).
As to claim 1, TRIM teaches a system (a system, TRIM, [0006]-[0008]) comprising:
at least one processor (one or more processor, TRIM, [0006]-[0008], Fig. 7); and
memory (a memory, TRIM, [0006]-[0008]), operatively connected to the at least one processor and storing instructions that, when executed by the at least one processor, cause the system to perform a set of operations (the system can include program instructions executable by the one or more processor via the memory to perform a method, TRIM, [0006]-[0008], [0118]-[0123]), the set of operations comprising:
receiving, by a CDN node, a request for a compute resource (UE device 10A can register to receive services provided by system 1000. VM 220 can store received registration data into users area 241 on receipt of the registration data…… At block 1001, UE device 10A can be sending session initiate data for receipt by VM 220 (e.g. claimed “CDN node”) which session can be initiated with the sending of the session initiate data. The session initiate data sent at block 1001, according to one embodiment, can be received by an instance of VM 220 instantiated in core computing environment 200, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A), wherein the CDN node does not provide the compute resource (For performing edge hosting process block 2203, VM 220 can first ascertain whether there is an existing VM in location proximity to UE device 10A capable of satisfying the current streaming media request. When such pre-existing VM is identified, VM 220 can transfer state and data of VM 220 (core instance) to VM 220 (edge instance). In the case that no VM within edge computing environment 100A identified VM 220 (core instance) at block 2203 can perform messaging to instantiate a new VM within edge computing environment 100A for support of streaming functions and satisfaction session of the media data specified in the session initiate data sent at block 1001, TRIM, [0047]-[0051], [0027], [0040]-[0042], Fig. 1A);
determining, At block 2202, VM 220 can perform a hosting decision to determine whether VM 220 can be hosted at core computing environment 200, where it is currently instantiated. For performance of block 2202, VM 220 (by core instance) can examine media data specified in the session initiate data sent at block 1001 and can also examine the slice data requested at block 2201, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
TRIM does not explicitly disclose determining using a set of service rules.
Wray discloses determining using a set of service rules (the predictive sealing application may enable auto-scaling to use predefined business rules based on policy guidelines. For these rules, in at least one of the various embodiments, scaling and provisioning of computing resources may be determined based on policy guidelines that may include, restricting computing resources for services that may be deemed less important than other services, providing auto-scaling without upper bounds for services deemed critical, or the like. In general, in at least one of the various embodiments, policy based business rules may be directed at adaptively scaling and provisioning computing resources to match needs of the users independent of actual and/or instant usage demand of the computing services, Wray, [0046]-[0050], [0151]-[0172])
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement auto-scaling based on predefined business rules as taught by Wray to modify the system of TRIM in order to avoid reactive computing resource provisioning to respond changing demand.
TRIM-Wray discloses
based on determining to reconfigure the compute engine:
identifying software associated with the requested compute resource (For performing edge hosting process block 2203, VM 220 can first ascertain whether there is an existing VM in location proximity to UE device 10A capable of satisfying the current streaming media request. When such pre-existing VM is identified, VM 220 can transfer state and data of VM 220 (core instance) to VM 220 (edge instance). In the case that no VM within edge computing environment 100A identified VM 220 (core instance) at block 2203 can perform messaging to instantiate a new VM within edge computing environment 100A for support of streaming functions and satisfaction session of the media data specified in the session initiate data sent at block 1001, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A);
executing the identified software using the compute engine (For performing edge hosting process block 2203, VM 220 can first ascertain whether there is an existing VM in location proximity to UE device 10A capable of satisfying the current streaming media request. When such pre-existing VM is identified, VM 220 can transfer state and data of VM 220 (core instance) to VM 220 (edge instance). In the case that no VM within edge computing environment 100A identified VM 220 (core instance) at block 2203 can perform messaging to instantiate a new VM within edge computing environment 100A for support of streaming functions and satisfaction session of the media data specified in the session initiate data sent at block 1001, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A); and
processing the request for the compute resource using the compute engine of the CDN node (For performing edge hosting process block 2203, VM 220 can first ascertain whether there is an existing VM in location proximity to UE device 10A capable of satisfying the current streaming media request. When such pre-existing VM is identified, VM 220 can transfer state and data of VM 220 (core instance) to VM 220 (edge instance). In the case that no VM within edge computing environment 100A identified VM 220 (core instance) at block 2203 can perform messaging to instantiate a new VM within edge computing environment 100A for support of streaming functions and satisfaction session of the media data specified in the session initiate data sent at block 1001, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
As to claim 2, TRIM-Wray discloses the system of claim 1, wherein the set of service rules comprises at least one of: a service rule based on a time of day; a service rule based on a day of week; or a service rule based on an amount of requests for the compute resource within a predetermined period of time compared to a predetermined threshold (other predefined business rules may be configured to auto-scale computing resources based on the date, day, month, time of day, or the like. In at least one of the various embodiments, such business rules may be arranged to scale and provision computing resources more aggressively during time periods when a computing service may be expected to be more active. Further, in at least one of the various embodiments, a predefined business rule may be arranged to increase a computing service's allocation of computing resources during time periods that may cost less, such as, weekends, or late evening, Wray, [0046]-[0050], [0151]-[0172]). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement auto-scaling based on predefined business rules as taught by Wray to modify the system of TRIM-Wray in order to avoid reactive computing resource provisioning to respond changing demand.
As to claim 3, TRIM-Wray discloses the system of claim 1, wherein the software associated with the requested compute resource comprises at least one of: a virtual machine; a container; or a software package (TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
As to claim 4, TRIM-Wray discloses the system of claim 1, wherein identifying the software associated with the requested compute resource further comprises accessing the software from another CDN node (For performing edge hosting process block 2203, VM 220 can first ascertain whether there is an existing VM in location proximity to UE device 10A capable of satisfying the current streaming media request. When such pre-existing VM is identified, VM 220 can transfer state and data of VM 220 (core instance) to VM 220 (edge instance). In the case that no VM within edge computing environment 100A identified VM 220 (core instance) at block 2203 can perform messaging to instantiate a new VM within edge computing environment 100A for support of streaming functions and satisfaction session of the media data specified in the session initiate data sent at block 1001, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
As to claim 5, TRIM-Wray discloses the system of claim 1, wherein the request for the compute resource comprises an indication that the request is for a compute computing functionality type (On completion of registration, VM 220 can send an installation package for receipt and installation on UE device 10A. The installation package can include e.g. libraries and executable code that facilitate the participation of UE device 10A and system 1000. Functionality provided by the installation package can include e.g. functionality to permit UE device 10A to simultaneously receive multiple streams of media data and to selectively display selective one or more stream of the received media streams, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
As to claim 6, TRIM-Wray discloses the system of claim 5, wherein the request for the compute resource further comprises an indication of the software associated with the requested compute resource (On completion of registration, VM 220 can send an installation package for receipt and installation on UE device 10A. The installation package can include e.g. libraries and executable code that facilitate the participation of UE device 10A and system 1000. Functionality provided by the installation package can include e.g. functionality to permit UE device 10A to simultaneously receive multiple streams of media data and to selectively display selective one or more stream of the received media streams, TRIM, [0046]-[0051], [0027], [0040]-[0042], Fig. 1A).
As to claims 7-12, the same reasoning applies mutatis mutandis to the corresponding method claims 7-12. Accordingly, claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over TRIM in view of Wray.
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 1-12 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of U.S. Patent No. 12,095,847 B2 (hereinafter P847). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P847
A system comprising:
A system comprising:
at least one processor; and
at least one processor; and
memory, operatively connected to the at least one processor and storing instructions that, when executed by the at least one processor, cause the system to perform a set of operations, the set of operations comprising:
memory, operatively connected to the at least one processor and storing instructions that, when executed by the at least one processor, cause the system to perform a set of operations, the set of operations comprising:
receiving, by a CDN node, a request for a compute resource, wherein the CDN node does not provide the compute resource;
receiving, from a client device, a request for computing functionality of a content distribution network (CDN);
determining, using a set of service rules, whether to reconfigure a compute engine of the CDN node to provide the compute resource; and
generating a local performance metric associated with processing the request for computing functionality; evaluating, based at least in part on a remote performance metric for a remote CDN node, the local performance metric to determine whether to process the request for computing functionality;
based on determining to reconfigure the compute engine: identifying software associated with the requested compute resource; executing the identified software using the compute engine; and processing the request for the compute resource using the compute engine of the CDN node.
when it is determined to process the request for computing functionality: generating a response to the request to the request for computing functionality (Note: computing functionality is provided by a computer with hardware and software, so claimed software and compute resource are disclosed); and providing the response to the client device; and
when it is determined not to process the request for computing functionality: generating, via an overlay network, a route to the remote CDN node; and
providing, to the remote CDN node, an indication to process, via the generated route, the request for computing functionality.
Claims 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claims 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-12, claims 1-14 of P847 obviously disclose all limitations of claims 2-12 of the instant application. Accordingly, claims 2-12 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUOLEI ZONG whose telephone number is (571)270-7522. The examiner can normally be reached Monday-Friday 8:30AM-4:30PM IFP.
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, Vivek Srivastava can be reached at (571)272-7304. 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.
/RUOLEI ZONG/Primary Examiner, Art Unit 2449 2/12/2026