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 .
This action is responsive to communication received on 11/06/2024. The applicant has submitted 85 claims for examination, all claims are currently pending.
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 1-85 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11,593,446 in view of Jurvicius US 10,601,948. US 11,593,446 teaches a method receiving a client request selecting an IP address from a group and sending requests using the selected IP address, receiving a response and analyzing the response and repeating the request if the response is determined improper and passing the response to the client if proper. US 11,593,446 does not teach a second device makes the selection of the ip address. Juravicius in the same field of endeavor teaches a system for web-crawling using a proxy rotation engine. Juravicius teaches a second device proxy rotation engine selects IP address to use as the client request.
18/943,294
US 11,593,446
1. A method for use with a Uniform Resource Locator (URL), the method comprising:
sending, by a requesting device over the Internet to a first device that is not a web server, the URL;
receiving, by the requesting device from the first device over the Internet, in response to the sending of the URL to the first device, a first content that is identified by the URL;
storing, by the requesting device, the received first content;
sending, by the requesting device over the Internet to a second device that is not a web server, the URL;
receiving, by the requesting device from the second device over the Internet, in response to the sending of the URL to the second device, a second content that is identified by the URL;
storing, by the requesting device, the received second content;
sending, by the requesting device over the Internet to a third device that is not a web server, the URL;
receiving, by the requesting device from the third device over the Internet, in response to the sending of the URL to the third device, a third content that is identified by the URL;
storing, by the requesting device, the received third content;
and using, by the requesting device, the received first, second, and third contents, wherein each of the first, second, and third contents comprises a respective web-page or a respective part of a respective web-page.
1. A method for fetching by a first device over the Internet a content that is stored only in a web server and is identified by a Uniform Resource Locator (URL), for use with a first and second groups of Internet Protocol (IP) addresses, the method comprising:sending, by the first device, a URL request to the web server using the selected first IP address;
and receiving, by the first device, the first response; checking the first response for determining whether the first response is a proper response that comprises the content;
Juravicius Col 2 Lines 15-32(proxy caches content)
by the first device, a second IP address from the second group; sending, by the first device, an additional URL request to the web server using the selected second IP address; receiving, by the first device, the second response; checking the second response for determining whether the second response is a proper response that comprises the conten
Juravicius Col 2 Lines 15-32(proxy caches content)
The method according to claim 1, further comprising a third fetching, that is a direct fetching scheme, by the first device from the web server, a third response, the third fetching comprising: sending, by the first device, a URL request to the web server using the first device IP address as a source address; and receiving, by the first device, the third response from the web server; checking the third response for determining whether the third response is a proper response that comprises the content; and responsive to determining that the third response is a proper response, using the fetched content.
Juravicius Col 2 Lines 15-32(proxy caches content)
Claims 1-85 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11,593,446 in view of Jurvicius US 10,601,948.
Claims 1-85 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of U.S. Patent No. 11,593,446 in view of Jurvicius US 10,601,948. US 11,657,110 teaches a method receiving a client request selecting an IP address from a group and sending requests using the selected IP address, receiving a response and analyzing the response and repeating the request if the response is determined improper and passing the response to the client if proper. US 11,657,110 does not teach a second device makes the selection of the ip address. Juravicius in the same field of endeavor teaches a system for web-crawling using a proxy rotation engine. Juravicius teach a second device proxy rotation engine selects IP address to use as the client request.
18/943,294
US 11,657,110
1. A method for use with a Uniform Resource Locator (URL), the method comprising:
sending, by a requesting device over the Internet to a first device that is not a web server, the URL;
receiving, by the requesting device from the first device over the Internet, in response to the sending of the URL to the first device, a first content that is identified by the URL;
storing, by the requesting device, the received first content; sending, by the requesting device over the Internet to a second device that is not a web server, the URL;
receiving, by the requesting device from the second device over the Internet, in response to the sending of the URL to the second device, a second content that is identified by the URL;
storing, by the requesting device, the received second content; sending, by the requesting device over the Internet to a third device that is not a web server, the URL;
receiving, by the requesting device from the third device over the Internet, in response to the sending of the URL to the third device, a third content that is identified by the URL;
storing, by the requesting device, the received third content;
and using, by the requesting device, the received first, second, and third contents, wherein each of the first, second, and third contents comprises a respective web-page or a respective part of a respective web-page.
1. A method for fetching by a first device over the Internet a content that is stored only in a web server and is identified by a Uniform Resource Locator (URL), for use with a first and second groups of Internet Protocol (IP) addresses, the method comprising: first fetching, by the first device from the web server, a first response, the first fetching comprising: selecting, by the first device, a first IP address from the first group; sending, by the first device, a URL request to the web server using the selected first IP address;
and receiving, by the first device, the first response; checking the first response for determining whether the first response is a proper response that comprises the content;
responsive to determining that the first response is a proper response, using the fetched content;
Juravicius Col 2 Lines 15-32(proxy caches content)
performing a second fetching, by the first device from the web server, of a second response, the second fetching comprising: selecting, by the first device, a second IP address from the second group; sending, by the first device, an additional URL request to the web server using the selected second IP address; receiving, by the first device, the second response;
checking the second response for determining whether the second response is a proper response that comprises the content; responsive to determining that the first response is a proper response, using the fetched content;
Juravicius Col 2 Lines 15-32(proxy caches content)
6.The method according to claim 1, further comprising a third fetching, that is a direct fetching scheme, by the first device from the web server, a third response, the third fetching comprising: sending, by the first device, a URL request to the web server using the first device IP address as a source address; and receiving, by the first device, the third response from the web server; checking the third response for determining whether the third response is a proper response that comprises the content; and responsive to determining that the third response is a proper response, using the fetched content.
Juravicius Col 2 Lines 15-32(proxy caches content)
Claims 1-85 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-85 of U.S. Patent No.12,147,490. Although the claims at issue are not identical, they are not patentably distinct from each other because claims of 18/943,294 teaches a broader set of claims than US 12,147,490 and anticipated by the allowed patent , see table below
18/943,294
US 12,147,490.
1. A method for use with a Uniform Resource Locator (URL), the method comprising:
sending, by a requesting device over the Internet to a first device that is not a web server, the URL;
receiving, by the requesting device from the first device over the Internet, in response to the sending of the URL to the first device, a first content that is identified by the URL;
storing, by the requesting device, the received first content; sending, by the requesting device over the Internet to a second device that is not a web server, the URL;
receiving, by the requesting device from the second device over the Internet, in response to the sending of the URL to the second device, a second content that is identified by the URL;
storing, by the requesting device, the received second content; sending, by the requesting device over the Internet to a third device that is not a web server, the URL;
receiving, by the requesting device from the third device over the Internet, in response to the sending of the URL to the third device, a third content that is identified by the URL;
storing, by the requesting device, the received third content;
and using, by the requesting device, the received first, second, and third contents, wherein each of the first, second, and third contents comprises a respective web-page or a respective part of a respective web-page.
1. A method for use with a Uniform Resource Locator (URL), the method comprising: sending, by a requesting device over the Internet to a first device that is not a web server, the URL;
receiving, by the requesting device from the first device over the Inte met, in response to the sending of the URL to the first device, a first content that is identified by the URL;
storing, by the requesting device, the received first content;
sending, by the requesting device over the Internet to a second device that is not a web server, the URL;
receiving, by the requesting device from the second device over the Internet, in response to the sending of the URL to the second device, a second content that is identified by the URL;
storing, by the requesting device, the received second content; sending, by the requesting device over the Internet to a third device that is not a web server, the URL;
receiving, by the requesting device from the third device over the Internet, in response to the sending of the URL to the third device, a third content that is identified by the URL;
storing, by the requesting device, the received third content; and using, by the requesting device, the received first, second, and third contents, wherein each of the first, second, and third contents comprises a respective web-page or a respective part of a respective web-page.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tom Y. Chang whose telephone number is 571-270-5938. The examiner can normally be reached on Monday-Friday from 9am to 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel Moise, can be reached on (571)272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TOM Y CHANG/
Primary Examiner, Art Unit 2455
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