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 .
Claim Rejections - 35 USC § 102
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.
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.
Claims 1-2, 8-11, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mariappan, et al (Pub. No. US 2020/0314015 A1, hereinafter referred to as Mariappan).
Claim 1 is an independent claim and Mariappan discloses a network controller (see FIG. 1 - 24) comprising:
a memory configured to store data (Orchestrator 23 and network controller 24 may execute on separate computing devices, [or] execute on the same computing device, para. [0065]; Orchestrator 23 may receive the configuration data from a user, operator/administrator, or other machine system, for instance. As part of the process of creating pod 22A, orchestrator 23 sends request 29 to request that network controller 24 create respective virtual network interfaces for the multiple virtual networks (indicated in the configuration data) – showing inherent storage of orchestrator request data, para. [0079]-[0080]) to configure, according to a container orchestration platform (network controller 24 may operate in response to configuration input received from orchestrator 23, para. [0065]), one or more containers (process of creating a pod, para. [0080]) of a container group (multiple pods, see FIG. 2, 202A and 202B) with an interface to communicate on a virtual network with the container group (pod creation includes creating respective virtual network interfaces for the multiple virtual networks indicated in the configuration data, para. [0080]), wherein the interface is specified by the container orchestration platform to communicate with every other container in the container group (configured and created virtual network interface 212B allows for communication between pod 202A and pod 202B via VRF 222B, see FIG. 2); and
processing circuitry configured to configure, using the data, the one or more containers with a resource that creates a modified interface, the modified interface configured to communicate via the virtual network (A network controller, such as Contrail, provides a way to configure endpoint network and associate the respective IP/virtual network interface of a pod as a backend to a Kubernetes service, para. [0176]) and maintain at least a portion of functionality of the interface specified by the container orchestration platform (a virtual network interface of a pod configured to be a backend to a Kubernetes service still has communication functionality for the pod and/or the virtual network interface still is respective to the pod, para. [0176]).
As per claim 2, claim 1 is incorporated and Mariappan further discloses wherein the processing circuitry is configured to, when configured to configure the one or more containers, configure the interface to enable the communications via the virtual network without being configured to communicate with the container group (use VMI ID annotation(s) to expose one or more of pods to Kubernetes service using a configurable endpoint, rather than simply exposing the respective pod using a default endpoint, based on the particular network label selected by label selector. VMI ID annotations may include a different annotation for each of pods. Again, each virtual network interface is linked to a different VMI ID< and therefore, VMI ID annotations are virtual network interface-specific, when referring to a particular virtual network interface of pods, para. [0121]).
As per claim 8, claim 1 is incorporated and Mariappan further discloses wherein the memory is configured to store a container manifest annotation for the one or more containers that identifies the virtual network on which the modified interface configured for the one or more containers is to communicate, and wherein the processing circuitry processes the data to resolve the container manifest annotation to identify the virtual network on which the modified interface configured for the one or more containers is to communicate (a network controller manager (e.g., Contrail kube-manager) listens for Kubernetes events and create/update/delete contrail object in contrail system…By annotating endpoint network in kubernetes service, the network controller manager can identify the endpoint network/IP/virtual network interface of a pod and configure as a backend to the loadbalancer in Contrail. Using this any IP/virtual network interface of a pod can be exposed as a backend to Kubernetes service, para. [0177]).
As per claim 9, claim 1 is incorporated and Mariappan further discloses wherein a namespace identifies the virtual network on which the modified interface configured for the one or more containers is to communicate (virtual network interface inserted into a pod network namespace, para. [0156]; virtual network addresses configured inside the pod network namespace and routes for each virtual network interface installed, para. [0157]).
Claim 10 is an independent claim corresponding to independent claim 1 and is therefore rejected for similar reasoning.
As per claim 11, claim 10 is incorporated. Claim 11 corresponds to claim 2 and is therefore rejected for similar reasoning.
As per claim 17, claim 10 is incorporated. Claim 17 corresponds to claim 8 and is therefore rejected for similar reasoning.
Claim 18 is an independent claim corresponding to independent claim 1 and is therefore rejected for similar reasoning.
As per claim 19, claim 18 is incorporated. Claim 19 corresponds to claim 2 and is therefore rejected for similar reasoning.
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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,101,204 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application are a broadened version of the Patent, and thus are anticipated by the Patent. A mapping of claim 1 in the instant application to claim 1 of the Patent is shown below:
Instant Application
US Patent No. 12,101,204 B2
Claim 1. A network controller comprising: a memory configured to store data to configure, according to a container orchestration platform, one or more containers of a container group with an interface to communicate on a virtual network with the container group, wherein the interface is specified by the container orchestration platform to communicate with every other container in the container group; and
1. A network controller comprising: a memory configured to store a request, conforming to a container orchestration platform, to configure a new pod of a plurality of pods with a primary interface to communicate on a virtual network to segment a network formed by the plurality of pods, wherein by default the primary interface is defined by the container orchestration platform strictly to communicate with every other pod of the plurality of pods via a default pod network; and
processing circuitry configured to configure, using the data, the one or more containers with a resource that creates a modified interface, the modified interface configured to communicate via the virtual network and maintain at least a portion of functionality of the interface specified by the container orchestration platform.
processing circuitry configured to configure, responsive to the request, the new pod with a custom resource that redefines the primary interface that results in a redefined primary interface, the redefined primary interface configured to communicate via the virtual network while still providing at least a portion of default primary interface functionality defined by the container orchestration platform.
Similarly, claim 2 of the instant application is anticipated by claim 2 of the Patent, claims 3 and 4 of the instant application are anticipated by claim 4 of the Patent, claim 5 of the instant application is anticipated by claim 5 of the Patent, claim 6 of the instant application is anticipated by claim 6 of the Patent, 7 of the instant application is anticipated by claim 7 of the Patent, claim 8 of the instant application is anticipated by claim 8 of the Patent, claim 9 of the instant application is anticipated by claim 9 of the Patent, claim 10 of the instant application is anticipated by claim 10 of the Patent, claim 11 of the instant application is anticipated by claim 11 of the Patent, claims 12 and 13 of the instant application is anticipated by claim 13 of the Patent, claims 14 of the instant application is anticipated by claim 14 of the Patent, claim 15 of the instant application is anticipated by claim 15 of the Patent, claim 16 of the instant application is anticipated by claim 16 of the Patent, claim 17 of the instant application is anticipated by claim 17 of the Patent, claim 18 of the instant application is anticipated by claim 18 of the Patent, claim 19 of the instant application is anticipated by claim 2 of the Patent, and claim 20 of the instant application is anticipated by claim 3 of the Patent.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Pub. No. US 2022/0283869 A1 – generally teaches a management node to receive and execute Pod creation requests from a user.
Pub. No. US 2020/0204492 A1, US2020/0073692 A1, and US 2020/0076685 – generally teach management of pods and handling of pod requests.
Pub. No. US 2020/0174842 A1 – generally teaches a Kubernetes platform with an admission controller to create and update API requests for pods.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN A BUI whose telephone number is (571)270-7168. The examiner can normally be reached Mon-Fri: 9AM - 530PM.
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/JONATHAN A BUI/Primary Examiner, Art Unit 2443