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
1. This action is in response to the application filed on November 28, 2024. Claims 1-20 are pending. Claims 1-20 represent SYSTEM AND METHOD FOR DETERMINATION OF NETWORK OPERATION METRICS AND GENERATION OF NETWORK OPEARATION METRICS VISUALIZATIONS.
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.
18/929540
12,132,625
11,722,387
11,283,695
1. A non-transitory storage medium featuring logic to obtain construct metadata and network data spanning multiple cloud networks, comprising: a path determination logic, upon execution by one or more processors, configured to perform operations including: generate a topology mapping including a plurality of constructs and connections between the plurality of constructs extending across a multi-cloud network including a first cloud network and a second cloud network different than the first cloud network; receive user input corresponding to a selection of a source construct operating in the first cloud network and a destination construct operating in the second cloud network; and analyze metadata and network data regarding the source construct and the destination construct to determine a data transmission path between the source and destination constructs, wherein the user input includes a request for a report of network metrics associated with the data transmission path; and an interface generation logic operating with the path determination logic to generate a visualization illustrating the report of network metrics associated with the data transmission path.
1. A non-transitory storage medium featuring logic to obtain construct metadata and network data spanning multiple cloud networks, comprising: a path determination logic, upon execution by one or more processors, configured to perform operations including: generate a topology mapping including a plurality of constructs and connections between the plurality of constructs extending across a multi-cloud network including a first cloud network and a second cloud network different than the first cloud network; receive user input corresponding to a selection of a source construct operating in the first cloud network and a destination construct operating in the second cloud network; analyze metadata and network data regarding the source construct and the destination construct to determine a data transmission path between the source and destination constructs; and determine a shortest path between the source construct and the destination constructs; and an interface generation logic operating with the path determination logic to generate a visualization illustrating the data transmission path extending between the source construct and the destination construct.
1. A non-transitory storage medium featuring logic to obtain construct metadata and network data corresponding to constructs and edges spanning multiple cloud networks, comprising: path determination logic configured to (i) generate a topology mapping including a plurality of constructs and connections between the plurality of constructs extending across a multi-cloud network including a first cloud network and a second cloud network different than the first cloud network, (ii) receive input corresponding to a selection of a source construct and a destination construct, and (iii) determine a data transmission path between the source construct and the destination construct; interface generation logic operating with the path determination logic to generate a visualization illustrating the data transmission path extending between the source constraint operating in the first cloud network and the destination construct operating in the second cloud network; and network metric determination logic configured to perform operations including a computation of latency periods between a pair of constructs included in the data transmission path.
1. A distributed cloud computing system comprising: a controller configured to manage a plurality of gateways deployed in a first cloud computing network, wherein each gateway of the plurality of gateways constitutes a software instance that controls a flow of data traffic within the first cloud computing network; and logic, stored on non-transitory storage medium that, upon execution, causes performance of operations including: generating a topology mapping of the first cloud computing network for display, the topology mapping including a plurality of constructs and connections therebetween, wherein the plurality of constructs includes the plurality of gateways, receiving input corresponding to a selection of a source construct and a destination construct, determining a data transmission path between the source construct and the destination construct, generating a visualization corresponding to a visual display illustrating the data transmission path, and causing rendering of the visualization on a display screen of a network device.
2. Claims 1-20 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). 12,132,625; 11,722,387 and 11,283,695, respectively, issued to Cherkas. 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 patent(s) 625, ‘387 and ‘695.
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