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 .
Claims Status
Claims 1-20 are pending and have been rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/09/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 obviousness-type 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 LongL 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Omum, 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 USPQ644 (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 conflicting 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. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1 and 4 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 5 & 10 of U.S. Patent No. 12,119,988. Although the conflicting claims are not identical, they are not patentably distinct from each other because all elements of instant Application No. 18/910767 correspond to elements the U.S. Patent No. 12,119,988. The above claim of the present application would have been obvious over claims 1, 5 & 10 of the U.S. Patent No. 12,119,988 because each element of the claims of the present application is anticipated by the claims of the U.S. Patent No. 12,119,988. This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Instant Application 18/910767
US Patent No. 12,119,988
Claims 1 and 4 A method comprising: receiving, by a second network function virtualization orchestrator from a first network function virtualization orchestrator, a request for alternation of a virtualized network function utilized by a first virtualized network service managed by the first network function virtualization orchestrator and utilized by a second virtualized network service managed by the second network function virtualization orchestrator, the request comprising information indicative of the alteration of the virtualized network function; in response to determining, by the second network virtualization orchestrator, that the alteration of the virtualized network function does not impact the second virtualized network service, approving the alteration of the virtualized network function and triggering the first network function virtualization orchestrator to implement the alteration of the virtualized network function by scaling the virtualized network function; and in response to determining, by the second network virtualization orchestrator, that the alteration of the virtualized network function impacts the second virtualized network service, sending to the first network function virtualization orchestrator an alternative alteration of the virtualized network function and triggering the first network function virtualization orchestrator to implement the alternative alteration of the virtualized network function by scaling the virtualized network function.
Claim 1, 5 and 10 As method comprising: requesting, by a first network function virtualization orchestrator for managing a first virtualized network service, an alteration of a virtualized network function; transmitting, by the first network function virtualization orchestrator, information indicative of the alteration of the virtualized network function to a second network function virtualization orchestrator for managing a second virtualized network service, wherein the virtualized network function is utilized by the first virtualized network service and the second virtualized network service; determining, by the first network function virtualization orchestrator, whether the alteration of the virtualized network function impacts the second virtualized network service; in response to determining, by the first network function virtualization orchestrator, that the alteration of the virtualized network function does not impact the second virtualized network service: approving the alteration of the virtualized network function; and triggering implementation of the alteration of the virtualized network function by scaling the virtualized network function; and in response determining, by the first network function virtualization orchestrator, that the alteration of the virtualized network function impacts the second virtualized network service: sending, to the second work function virtualization orchestrator, a request for approval of the alteration of the virtualized network function: receiving a reply to the request for approval, the reply comprising an alternative alteration of the virtualized network function; and triggering the first network function virtualization orchestrator to implementation of the alternative alteration by scaling the virtualized network function.
Claim 1 and 4 are provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 7 of U.S. Patent No. 11,570,044. Although the conflicting claims are not identical, they are not patentably distinct from each other because all elements of instant Application No. 18/910767 correspond to elements the U.S. Patent No. 11,570,044. The above claim of the present application would have been obvious over claims 1 and 7 of the U.S. Patent No. 11,570,044 because each element of the claims of the present application is anticipated by the claims of the U.S. Patent No. 12,119,988. This is a provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
Instant Application 18/910767
US Patent No. 11,570,044
Claims 1 and 4 A method comprising: receiving, by a second network function virtualization orchestrator from a first network function virtualization orchestrator, a request for alternation of a virtualized network function utilized by a first virtualized network service managed by the first network function virtualization orchestrator and utilized by a second virtualized network service managed by the second network function virtualization orchestrator, the request comprising information indicative of the alteration of the virtualized network function; in response to determining, by the second network virtualization orchestrator, that the alteration of the virtualized network function does not impact the second virtualized network service, approving the alteration of the virtualized network function and triggering the first network function virtualization orchestrator to implement the alteration of the virtualized network function by scaling the virtualized network function; and in response to determining, by the second network virtualization orchestrator, that the alteration of the virtualized network function impacts the second virtualized network service, sending to the first network function virtualization orchestrator an alternative alteration of the virtualized network function and triggering the first network function virtualization orchestrator to implement the alternative alteration of the virtualized network function by scaling the virtualized network function.
Claim 1 and 7 A method in a network virtualization scenario, wherein a virtualized network function is utilized by a first virtualized network service managed by a first network function virtualization orchestrator and a second virtualized network service managed by a second network function virtualization orchestrator, comprising: requesting, by the first network function virtualization orchestrator, an alteration of the virtualized network function, transmitting, by the first network function virtualization orchestrator, information indicative of the alteration of the virtualized network function to the second network function virtualization orchestrator, determining, by the second network function virtualization orchestrator, when the alteration of the virtualized network function impacts the second virtualized network service based upon utilization of at least one additional virtualized network function by at least one additional virtualized network service, the determining step further comprising at least one of the following: in response to approving the alteration of the virtualized network function, triggering the first network function virtualization orchestrator to implement the alteration by scaling the virtualized network function, and in response to offering an alternative alteration of the virtualized network function.
Conclusion
The prior art made of record and not listed upon is considered pertinent to applicant’s disclosure. This includes:
U.S. Publication 2015/0365352, which describes managing capacity in a virtualized network.
U.S. Publication 2018/0309626, which describes virtualized network function decomposition.
U.S. Publication 2019/0146827, which describes virtualized network function resource management. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TANIA M PENA-SANTANA whose telephone number is (571)270-0627. The examiner can normally be reached Monday - Friday 8am to 4pm EST.
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/TANIA M PENA-SANTANA/Examiner, Art Unit 2443
/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443