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 .
Status of Claims
Claims 1-20 are pending in this application.
Information Disclosure Statement
The Information Disclosure Statement(s) submitted by applicant on 1/16/2025 have been considered. The submission is in compliance with the provisions of 37 CFR 1.97. Form PTO-1449 signed and attached hereto.
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 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,170,650. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 12,170,650
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
obtaining, by a virtual private network (VPN) server, an initial operating system from a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system on a volatile memory associated with the VPN server.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both applications are directed to a method for transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; and only differing in that the claims of the '650 patent explicitly recite executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system on a volatile memory associated with the VPN server. Thus, the claims of the ‘650 patent are rendered as obvious variants of the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11601401. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 11,601,401
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
installing, by a virtual private network(VPN) server on a volatile memory, an initial operating system to enable the VPN server to obtain a VPN operating system to enable the VPN server to provide VPN services;
transmitting, by the VPN server based at least in part on installing the initial operating system, a request to an infrastructure device for the VPN operating system;
receiving, by the VPN server at least in part on transmitting the request, the VPN operating system from the infrastructure device; and
installing, by the VPN server on the volatile memory, the VPN operating system to provide the VPN services.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both applications are directed to a method of installing or storing VPN operating system on the memory; and only differing in that the claims of the '401 patent explicitly recite transmitting, by the VPN server based at least in part on installing the initial operating system, a request to an infrastructure device for the VPN operating system and installing, by the VPN server on the volatile memory, the VPN operating system to provide the VPN services. Thus, the claims of the ‘401 patent are rendered as obvious variants of the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11582197. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 11,582,197
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
retrieving, by a processor associated with a virtual private network(VPN) server, an initial operating system stored in a non-volatile memory, the initial operating system being associated with the VPN server providing VPN services;
storing, by the processor, the initial operating system in a volatile memory;
executing, by the processor, the initial operating system from the volatile memory to obtain a VPN operating system;
storing, by the processor, the VPN operating system in the volatile memory; and
executing, by the processor, the VPN operating system from the volatile memory to provide the VPN services, wherein the VPN operating system common to VPN servers and a custom parameter file including custom parameters to configure the primary VPN operating system.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to a method of installing or executing VPN operating system on the memory; and only differing in that the claims of the '197 patent explicitly recite the VPN operating system common to VPN servers and a custom parameter file including custom parameters to configure the primary VPN operating system. Thus, the claims of the ‘197 patent are rendered as obvious variants of the instant claims.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,777,905. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 11,777,905
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising: transmitting, by a virtual private network (VPN) server while executing an initial operating system stored on a volatile memory, a request for a VPN operating system; receiving, by the VPN server, a primary VPN operating system based at least in part on transmitting the request for the VPN operating system; transmitting, by the VPN server while executing the primary VPN operating system stored on the volatile memory, a request for a custom parameter file to configure the primary VPN operating system; and utilizing, by the VPN server based at least in part on receiving the custom parameter file, custom parameters included in the custom parameter file to configure the primary VPN operating system.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to a method of transmitting, by the VPN server while executing the initial operating system; and only differing in that the claims of the '905 patent explicitly recite a request for a custom parameter file to configure the primary VPN operating system; and utilizing, by the VPN server based at least in part on receiving the custom parameter file, custom parameters. Thus, the claims of the ‘905 patent are rendered as obvious variants of the instant claims.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,101,299. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 12,101,299
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
retrieving, by a device associated with a virtual private network(VPN) server from a read-only device, an initial operating system associated with the VPN server providing VPN services;
transmitting, by the device based at least in part on executing the initial operating system, a first request to an infrastructure device for a VPN operating system to enable the VPN server to provide the VPN services; receiving, by the device from the infrastructure device based at least in part on transmitting the request, the VPN operating system; and executing, by the device, the VPN operating system to provide the VPN services.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to a method of an initial operating system associated with the VPN server providing VPN services; transmitting in part on executing the initial operating system; and only differing in that the claims of the '299 patent explicitly recite a first request to an infrastructure device for a VPN operating system to enable the VPN server to provide the VPN services; receiving, by the device from the infrastructure device based at least in part on transmitting the request, the VPN operating system; and executing, by the device, the VPN operating system to provide the VPN services. Thus, the claims of the ‘299 patent are rendered as obvious variants of the instant claims.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,962,570. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 11,962,570
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
configuring, by an infrastructure device, a virtual private network (VPN) server to install an initial operating system on a volatile memory associated with the VPN server;
configuring, by the infrastructure device, the VPN server to execute the initial operating system from the volatile memory to receive a VPN operating system;
configuring, by the infrastructure device, the VPN server to install the VPN operating system on the volatile memory; and
configuring, by the infrastructure device, the VPN server to execute the VPN operating system from the volatile memory to provide VPN services.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to a method of storing or configuring by VPN to install or execute initial operating system in a memory; and only differing in that the claims of the '570 patent explicitly recite configuring, by the infrastructure device, the VPN server to install the VPN operating system on the volatile memory; and configuring, by the infrastructure device, the VPN server to execute the VPN operating system from the volatile memory to provide VPN services. Thus, the claims of the ‘570 patent are rendered as obvious variants of the instant claims.
Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-21 of U.S. Patent No. 11,991,151. Although the claims at issue are not identical, they are not patentably distinct from each other (see table below).
Instant Application
U.S. Patent No. 11,991,151
Claim 1: A method, comprising:
storing, by a virtual private network (VPN) server, an initial operating system in a memory associated with the VPN server; transmitting, by the VPN server while executing the initial operating system, a request to obtain a VPN operating system to enable the VPN server to provide VPN services; receiving, by the VPN server based at least in part on transmitting the request, the VPN operating system; storing, by the VPN server, the VPN operating system in the memory associated with the VPN server; and executing, by the VPN server, the VPN operating system to provide the VPN services based at least in part on storing the VPN operating system.
Claim 1: A method, comprising:
configuring, by an infrastructure device, a virtual private network(VPN) server to receive, while executing an initial operating system that is stored on a volatile memory, a primary VPN operating system;
configuring, by the infrastructure device, the VPN server to receive, while executing the primary VPN operating system, custom parameters associated with the VPN server providing VPN services;
configuring, by the infrastructure device, the VPN server to determine a VPN operating system based at least in part on configuring the primary VPN operating system with the custom parameters; and
configuring, by the infrastructure device, the VPN server to execute the VPN operating system to provide the VPN services.
Although the conflicting claims are not identical, they are not patentably distinct from each other because both are directed to a method of storing or configuring by VPN to install or execute initial operating system in a memory; and only differing in that the claims of the '151 patent explicitly recite the VPN server to determine a VPN operating system based at least in part on configuring the primary VPN operating system with the custom parameters; and configuring, by the infrastructure device, the VPN server to execute the VPN operating system to provide the VPN services. Thus, the claims of the ‘151 patent are rendered as obvious variants of the instant claims.
Allowable Subject Matter
Claims 1-20 would be allowable if a Terminal Disclaimer is submitted to overcome the Double Patenting rejection, set forth in this office action.
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/HOSUK SONG/Primary Examiner, Art Unit 2435