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 .
DETAILED ACTION
This action is in response to an application filed October 23, 2024. Claims 1-20 are pending in this application.
Double Patenting
The nonstatutory obviousness 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 1-20 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-20 of patent document no. US 12,200,080 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter of establishing a tunneled connection to transmit a data stream between a client and application node. A side-by-side analysis of the first independent claim(s) of the instant application and the copending application(s) has been included below. The bolded portions are portions which are almost identical to one another. The non-bolded portions are related to subject matter which are obvious, and do not further define over the subject matter of one another. Therefore, the subject matter of both claim sets are not distinct from one another and yields an obviousness-type double patenting rejection. This is NOT a provisional double patenting rejection since patent document (US 12,200,080 B2) has been issued while the instant application is currently pending.
Here is the following side-by-side analysis of the first independent claim in each application:
Instant Application ‘470
1. A method comprising:
receiving, at one or more nodes executing a hypertext transfer protocol (HTTP)/2 (TCP) proxy service and from a client device, an HTTP request;
identifying, by the HTTP/2 (TCP) proxy service, an endpoint identifier in a header field of the HTTP request;
sending, by the HTTP/2 (TCP) proxy service and to a domain name service (DNS) server, a DNS resolution request including the endpoint identifier;
receiving, by the HTTP/2 (TCP) proxy service and from the DNS server, an address associated with an application node associated with an enterprise network that is remote from the client device; and
establishing, at least partly by the HTTP/2 (TCP) proxy service, a tunneled connection between the one or more nodes and the application node, wherein the tunneled connection is configured to transmit a data stream between the client device and the application node.
Patent No. ‘080
1. A method comprising:
receiving, at one or more nodes executing a multiplexed application substrate over QUIC encryption (MASQUE) proxy service and from a client device, a hypertext transfer protocol (HTTP) request;
identifying, by the MASQUE proxy service, an endpoint identifier in a header field of the HTTP request;
sending, by the MASQUE proxy service and to a domain name service (DNS) server, a DNS resolution request including the endpoint identifier;
receiving, by the MASQUE proxy service and from the DNS server, an address associated with an application node associated with an enterprise network that is remote from the client device; and
establishing, at least partly by the MASQUE proxy service, a tunneled connection between the one or more nodes and the application node, wherein the tunneled connection is configured to transmit a data stream between the client device and the application node.
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.
Claims 9-14 are rejected under 35 U.S.C. 101 because they are directed to non-statutory subject matter. Claim 9 is directed to a system which embodies a processor and computer-readable media. A system which only comprises a processor and a computer-readable media may be directed to a software system because, absent the language of hardware, processors may be software processors and computer readable medias may comprise transitory elements. Therefore, claim 9 is not a statutory system. Dependent claims 10-14 do not further limit claim 9 to statutory subject matter, and are therefore, also rejected for the same reasons as claim 9.
Allowable Subject Matter
Claims 1-20 are allowed over available prior art reference(s) and/or combinations of available prior art references, but are rejected under Double Patenting.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
REASONS FOR ALLOWANCE
The following is an examiner’s statement of reasons for allowance: The Examiner has not found that the teachings of any reasonable prior art(s) and/or combination of prior art(s) teach the feature of ‘‘receiving, by the HTTP/2 (TCP) proxy service and from the DNS server, an address associated with an application node associated with an enterprise network that is remote from the client device; and
establishing, at least partly by the HTTP/2 (TCP) proxy service, a tunneled connection between the one or more nodes and the application node, wherein the tunneled connection is configured to transmit a data stream between the client device and the application node’.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESTHER B. HENDERSON whose telephone number is (571)270-3807. The examiner can normally be reached Monday-Friday 6a-2p ET.
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/ESTHER B. HENDERSON/Primary Examiner, Art Unit 2458 February 17, 2026
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