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 action is in respond to a election/restriction filed on February 17, 2026. Claims 1-31 are 40-44 are cancelled. Claims 32-39 and 45-56 are pending. Claims 32-39 and 45-56 represent APPARATUS AND METHODS FOR OPTIMIZING CAPACITY IN WIRELINE CABLE NETWORKS WITH VIRTUAL SERVICE GROUPS.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
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 claims at issue 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 reference 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. 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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
18/886,510
12,0956,181
11,533,227
32. (New) A network architecture configured to support operation of multiple cable modems in multiple virtual service groups, the network architecture comprising: at least one computerized network apparatus, the at least one computerized network apparatus configured to characterize individual ones of a plurality of computerized modem apparatus as belonging to one of a plurality of virtual service groups associated with a data network; and the plurality of computerized modem apparatus, each of the plurality of computerized modem apparatus configured to receive configuration data from the at least one computerized network apparatus, the configuration data causing individual ones of the plurality of computerized modem apparatus to utilize the one of the plurality of virtual service groups.
1. Controller apparatus configured for operation within a data distribution network, comprising: network interface apparatus configured for exchanging data with the data distribution network; processor apparatus in data communication with the network interface apparatus; and storage apparatus in data communication with the processor apparatus and comprising a storage medium, the storage medium comprising at least one computer program, the at least one computer program configured to, when executed on the processor apparatus, cause the controller apparatus to: obtain data associated with respective ones a plurality of modem apparatus within the data distribution network; and evaluate the obtained data to determine optimal allocations of each of the plurality of modem apparatus to respective virtual service groups (vSGs) formed within the data distribution network.
1. Computerized apparatus configured for operation within a managed data distribution network, comprising: network interface apparatus configured for exchanging data with a data network; processor apparatus in data communication with the network interface apparatus; and storage apparatus in data communication with the processor apparatus and comprising a storage medium, the storage medium comprising a at least one computer program, the at least one computer program configured to, when executed on the processor apparatus, cause the computerized apparatus to: receive data from at least one modem apparatus in data communication with the managed data distribution network, the received data relating to a configuration of the at least one modem apparatus; use at least the received data to evaluate to which of a plurality of virtual service groups the at least one modem apparatus should be allocated; based at least on the evaluation, cause allocation of the at least one modem apparatus to only one of the plurality of virtual service groups; and cause transmission of configuration data to the at least one modem apparatus, the configuration data causing the at least one modem apparatus to selectively utilize only the one of the plurality of virtual service groups for at least a period of time.
2. Claims 32-39 and 45-56 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No(s). 12,095,618 and 11,533,227, issued to Petersen. Although the conflicting set of claims are not identical, they are not patentably distinct from each other because a comparison between the two set of claims shows that the instant claims 1-20 are anticipated by claims 1-20 of ‘618 and ‘227.
Conclusion
3. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EL HADJI SALL whose telephone number is (571)272-4010. The examiner can normally be reached on Monday-Friday 8:00-8:30 (flexible).
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/EL HADJI M SALL/Primary Examiner, Art Unit 2457