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 in response to the application filed on 12 November 2024.
Claims 21-40 are under examination.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12 November 2024. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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 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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,177,123. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant application claims are broader in every aspect than the claims of U.S. Patent No. 12,177,123 and is therefore an obvious variant thereof.
Claims 21, 25, 34 and 39 of the instant application is directed to A system, comprising: a plurality of compute nodes of a computing service, respectively comprising at least one processor and a memory to implement a routing device for a logically isolated network, a network manager for the logically isolated network, and a network interface for a network appliance hosted in the logically isolated network; wherein the network manager is configured to: receive, via an interface for the network manager, one or more requests that associate a route for a route table with network traffic for the logically isolated network, wherein the network traffic is destined for a block of public or private IP addresses, and wherein the route forwards the network traffic to the network interface of the network appliance; provide the route to the routing device; wherein the routing device for the logically isolated network is configured to: receive the route for the route table; receive an network packet for the logically isolated network with a destination of one or more public or private IP addresses in the block of public or private IP addresses; identify the route in the route table that forwards the network traffic destined for the block of public or private IP addresses to the network interface for the network appliance; and forward the network packet from the routing device to the network interface for the network appliance according to the route identified in the route table, without performing a network address translation; and wherein the network appliance is configured to forward the packet to the public or private IP address.
Claim 1, 5, and 14 of the U.S. Patent No. 12,177,123 is directed to A system, comprising: a plurality of compute nodes of a computing service, respectively comprising at least one processor and a memory to implement an edge routing device for a logically isolated network, a network manager for the logically isolated network, and a network interface for a network appliance hosted in the logically isolated network; wherein the network manager is configured to: receive, via an interface for the network manager, one or more requests that associate a route for a route table with ingress network traffic for the logically isolated network, wherein the ingress network traffic is destined for a block of public or private IP addresses, and wherein the route forwards the ingress network traffic to the network interface of the network appliance; provide the route to the edge routing device; wherein the edge routing device for the logically isolated network is configured to: receive the route for the route table; receive an inbound network packet for the logically isolated network with a destination of one or more public or private IP addresses in the block of public or private IP addresses; identify the route in the route table that forwards the ingress network traffic destined for the block of public or private IP addresses to the network interface for the network appliance; and forward the network packet from the edge routing device to the network interface for the network appliance according to the route identified in the route table, without performing a network address translation; and wherein the network appliance is configured to forward the packet to the public or private IP address.
Claims 21, 25, 34 and 39 of the present application merely broaden the scope of independent Claims 1, 5, and 14 of the U.S. Patent No. 12,177,123 by eliminating the ingress network, edge routing device, and inbound network packet.
Dependent claims 22-24, 26-33, 35-38 and 40 are duplicates of claims 2-4, 6-13 and 15-20.
It has been held that the omission an element and its function is an obvious expedient if the remaining elements perform the same as before. In Re Karlson, 136 USPQ 184 (CCPA). Also, note Ex Parte Rainu, 168 USPQ 375 (Bd.App. 1969); omission of a reference element whose function is not needed would be obvious to one skilled in the art.
Conclusion
the closest prior art reference of record, Jain et al. (US Publication 2020/0236046), discloses establishing a tunnel between the network device and a service path. The method may also comprise: in response to receiving a first encapsulated packet, identifying the service path specified by a service insertion rule; generating and sending a second encapsulated packet over the tunnel to cause the service path to process an inner packet according to one or more services. The method may further comprise: in response to receiving, from the service path via the tunnel, a third encapsulated packet that includes the inner packet processed by the service path, sending the inner packet processed by the service path, or a fourth encapsulated packet, towards a destination address of the inner packet.
The analogous prior art reference, Pillareddy et al. (US Publication 2022/0210113), discloses learning an unknown virtual network information, such as an virtual Internet Protocol (IP) address, of a pod in a virtual network. In some examples, a virtual router executing at a computing device may receive an Address Resolution Protocol (ARP) packet from a virtual execution element in the virtual network, the virtual execution element executing at the computing device. The virtual router may determine, based at least in part on the ARP packet, whether virtual network information for the virtual execution element in a virtual network is known to the virtual router. The virtual router may, in response to determining that the virtual network information of the virtual execution element in the virtual network is not known to the virtual router, perform learning of the virtual network information for the virtual execution element.
Any inquiry concerning this communication from the examiner should be directed to ABDULLAHI AHMED whose telephone number is (571) 270-3652. The examiner can normally be reached on M-F 8:00AM-4:30PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Khalid Kassim can be reached on 571-270-3370. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDULLAHI AHMED/Examiner, Art Unit 2475
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