DETAILED ACTION
This Office action is in response to the original application filed on 10/25/2024. Claims 1-20 are pending.
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 .
Examiner’s Note
Attempts were made to reach the firm of Applicant’s representative on 1/8/2026 and 1/9/2026 to communicate the following recommendations via telephonic calls and voicemails, in the interest of compact prosecution.
Regarding claim 1 (and similarly claim 18), in the interest of clarity, Examiner recommends the following amendments:
While Examiner recognizes that a multiplexed stream would typically consist of multiple channels, Examiner recommends Applicant to explicitly recite that the claimed multiplexed QUIC protocol stream has a plurality of QUIC channels, such that it is clearly indicated that the span identifier uniquely maps to the stream identifier of select one of QUIC channels – a crucial component of allowability.
(2) Examiner suggests avoiding usage of pronouns such as “its” for clarity of reference.
Below is an exemplary amendment that would reflect the requirements above.
1. A method, comprising:
obtaining, by a device, a telemetry stream that is uniquely identifiable by a span identifier;
translating, by the device, the telemetry stream into a corresponding QUIC protocol stream;
mapping, by the device, the span identifier of the telemetry stream to a respective stream identifier that uniquely identifies a QUIC channel of a multiplexed QUIC protocol stream having a plurality of QUIC channels; and
communicating, by the device, the multiplexed QUIC protocol stream containing the telemetry stream on the corresponding QUIC channel to cause a retrieving device to determine the span identifier of the telemetry stream based on the respective stream identifier.
Regarding claim 20, Examiner recommends either (1) canceling the claim in view of the rationale presented in the parent application or (2) incorporating all components of the independent claim 1 that are deemed as allowable subject matter, i.e. the unique identifications of the span identifier and the stream identifier as well as the mapping aspects. In case of the latter, below is an exemplary amendment that would reflect the requirements above.
20. A method, comprising:
receiving, by a retrieving device, a multiplexed QUIC protocol stream having a plurality of QUIC channels;
determining, by the retrieving device, that the multiplexed QUIC protocol stream is a communication of a telemetry stream that is uniquely identifiable by a span identifier;
determining, by the retrieving device and based on a mapping correlation between a respective stream identifier of each of the plurality of QUIC channels and a span identifier of the telemetry stream, that the telemetry stream is communicated within a QUIC channel of the multiplexed QUIC protocol stream, wherein the respective stream identifier uniquely identifies a QUIC channel of the multiplexed QUIC protocol stream; and
consuming, by the retrieving device, the telemetry stream with determined span identifier.
Claim Rejections - 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 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); 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 §§ 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/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No. 12,166,825 (US 12166825 B2, hereinafter “Patent”). Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-20 of the instant application are broader in every aspect than the corresponding claims of Patent (US 12166825 B2) and are therefore anticipated by claims 1-19 of Patent (US 12166825 B2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: Galime et al. (US 2023/0370435 A1: Methods, Systems, and Computer Readable Media for Processing QUIC Communications in a Network), Qu et al. (US 2023/0116449 A1: Supporting Multiple Border Gateway Protocol (BGP) Sessions Using Multiple QUIC Streams), Neill (US 11018959 B1: System for Real-Time Collection, Processing and Delivery of Data-Telemetry), and Balasubramanian et al. (US 2019/0229903 A1: Hardware Offload for QUIC Connections).
In the case of amendments, applicant is respectfully requested to indicate the portion(s) of the specification which dictate(s) the structure relied on for proper interpretation and support, for ascertaining the metes and bounds of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GIL H. LEE whose telephone number is 571-272-3408. The examiner can normally be reached on Mon-Fri: 9am-6pm EST.
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/GIL H. LEE/
Primary Patent Examiner, Art Unit 2446