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 .
Miscellaneous
Claims pending: 1-20
Claims amended: 1, 12, 20,
Claims cancelled: n/a
New claims: n/a
Double Patenting
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); 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. A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of U.S. Patent No. 12,003,808, since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application's Claim(s) 1, 12, 20, similarly claim: A method for managing caching for a content delivery system, the method comprising: receiving, by a business logic agent from a caching agent, a content request indicating that the caching agent is requesting content data for a client, wherein the business logic agent and the caching agent are operatively coupled via a network, wherein the caching agent is in an edge node, wherein the business logic agent is in a node upstream of the edge node; filling, by the business logic agent, the content data in a first cache storage of the business logic agent, wherein the content data is received from an upstream node of the content delivery system, wherein the upstream node is a node between the node comprising the logic agent and an origin server; providing, by the business logic agent, the cached content data to the caching agent; while a second cache storage of the caching agent is being filled with the content data, maintaining, by the business logic agent, the cached content data in response to receiving additional content requests from the caching agent, wherein the additional content requests indicate that the caching agent is requesting the same content data for additional clients, receiving, by the business logic agent from the caching agent, an authentication request before the content request is received; authenticating that the content data is provided by a customer of the content delivery system; sending, by the business logic agent to the caching agent, an authentication response in response to authenticating that the content data is provided by the customer, wherein the authentication response comprises an authorization, and wherein the authentication response further comprises a cache key; and determining, by the caching agent, whether filling the content data has completed.….. On the other hand, Patent No. 12,003,808 Claims 1, 13, 23-24 similarly, claims A method for managing caching for a content delivery system, the method comprising: receiving, by a business logic agent from a caching agent, a content request indicating that the caching agent is requesting content data for a client, wherein the business logic agent and the caching agent are operatively coupled via a network; filling, by the business logic agent, the content data in a first cache storage of the business logic agent, wherein the content data is received from an upstream node of the content delivery system; providing, by the business logic agent, the cached content data to the caching agent; and while a second cache storage of the caching agent is being filled with the content data, maintaining, by the business logic agent, the cached content data in response to receiving additional content requests from the caching agent, wherein the additional content requests indicate that the caching agent is requesting the same content data for additional clients, wherein the content request comprises an address of the content data and a range of the content data; the address of the content data comprises a Uniform Resource Locator (URL); and the business logic agent determines whether any of the additional content requests is requesting the same content data as requested by the content request based on the address and the range. For that reason, Application's Claim(s) 1, 12, 20, and Patented Claims 1, 13, 23-24, are not patentably distinct from each other, and is therefore an obvious variant thereof.
Allowance of application claims 1, 12, 20, would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented Claims 1, 13, 23-24.
Therefore, obviousness-type double patenting is appropriate.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-24 of US Patent No. 11,146,848, since the claims, if allowed, would improperly extend the "right to exclude" already granted in the patent.
The subject matter claimed in the instant application is fully disclosed in the patent and is covered by the patent since the patent and the application are claiming common subject matter, as follows:
Application's Claim(s) 1, 12, 20, similarly claim: A method for managing caching for a content delivery system, the method comprising: receiving, by a business logic agent from a caching agent, a content request indicating that the caching agent is requesting content data for a client, wherein the business logic agent and the caching agent are operatively coupled via a network, wherein the caching agent is in an edge node, wherein the business logic agent is in a node upstream of the edge node; filling, by the business logic agent, the content data in a first cache storage of the business logic agent, wherein the content data is received from an upstream node of the content delivery system, wherein the upstream node is a node between the node comprising the logic agent and an origin server; providing, by the business logic agent, the cached content data to the caching agent; while a second cache storage of the caching agent is being filled with the content data, maintaining, by the business logic agent, the cached content data in response to receiving additional content requests from the caching agent, wherein the additional content requests indicate that the caching agent is requesting the same content data for additional clients, receiving, by the business logic agent from the caching agent, an authentication request before the content request is received; authenticating that the content data is provided by a customer of the content delivery system; sending, by the business logic agent to the caching agent, an authentication response in response to authenticating that the content data is provided by the customer, wherein the authentication response comprises an authorization, and wherein the authentication response further comprises a cache key; and determining, by the caching agent, whether filling the content data has completed.….. On the other hand, Patent No. 11,146,848 Claims 1, 13, 23-24 similarly, claims A method for managing caching for a content delivery system, the method comprising: receiving, by a business logic agent from a caching agent, a content request indicating that the caching agent is requesting content data for a client, wherein the business logic agent and the caching agent are operatively coupled via a network; filling, by the business logic agent, the content data in a first cache storage of the business logic agent, wherein the content data is received from an upstream node of the content delivery system; providing, by the business logic agent, the cached content data to the caching agent; and while a second cache storage of the caching agent is being filled with the content data, maintaining, by the business logic agent, the cached content data in response to receiving additional content requests from the caching agent, wherein the additional content requests indicate that the caching agent is requesting the same content data for additional clients, wherein the content delivery system is a content delivery network (CDN); the business logic agent and the caching agent are on a same edge node of the CDN; the upstream node is an origin server that stores the content data or a node between the edge node and the origin node in the CDN that stores the content data; and the network is a local host connection. For that reason, Application's Claim(s) 1, 12, 20, and Patented Claims 1, 13, 23-24, are not patentably distinct from each other, and is therefore an obvious variant thereof.
Allowance of application claims 1, 12, 20, would result in an unjustified time- wise extension of the monopoly granted for the invention defined by patented Claims 1, 13, 23-24.
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Claim Rejections - 35 USC § 112
The following is a quotation of the second paragraph of 35 U.S.C. 112:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11, 12-19, are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
For claims 1, 12, the claimed preamble claims “the logic agent”, lacks antecedence.
Further action is required.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically teach as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1, 4-7, 12, 14-17, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PGPUB 20060015574) to (Seed) in view of (US PUB 20140372589) to (Newton) in view of (US 20210045186) to (Fu).
Regarding claim(s) 1, 12, Seed teach a method for managing caching for a content delivery system, receiving, by a business logic agent from a caching agent, a content request indicating that the caching agent is requesting content data for a client, wherein the business logic agent and the caching agent are operatively coupled via a network; wherein the caching agent is in an edge node, wherein the business logic agent is in a node upstream of the edge node; (Seed Fig. 2, edge server 130, 140 reads on (caching agent), parent server 120, reads on (business logic agent)) filling, by the business logic agent, the content data in a first cache storage of the business logic agent, wherein the content data is received from an upstream node of the content delivery system, wherein the upstream node is a node between the node comprising the logic agent and an origin server; (Seed Fig. 2, parent server 120, reads on (logic agent), origin server 110, reads on (origin server)) providing, by the business logic agent, the cached content data to the caching agent; while a second cache storage of the caching agent is being filled with the content data, maintaining, by the business logic agent, the cached content data in response to receiving additional content requests from the caching agent, wherein the additional content requests indicate that the caching agent is requesting the same content data for additional clients; whether filling content data has completed (Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 47, 50-53, 55, 63, 66, 68-69, storage fill and move data to different location once data fill is complete).
(Claim 20) (Seed teach a node of a content delivery system, comprising: a network device providing a network; at least one processor implementing a business logic agent and a caching agent, the business logic agent and the caching agent are operatively coupled via the network; and at least one memory implementing a first cache storage of the business logic agent and a second cache storage of the caching agent, wherein the at least one processor, …wherein the second cache storage of the catching agent is in geographical proximity to the client and the first cache storage of the business logic agent is upstream of the second cache storage of the catching agent (Seed Fig. 2, cache storage within edge server 130 (caching agent), and client 140, reads on (second cache storage of caching agent is in geographical proximity to the client), parent server 120 (business logic agent), further upstream from edge server 130, reads on (first cache storage of the business logic agent is upstream of second cache storage of the caching agent)).
((Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 51, 63, 66, 68-69, as shown in Fig. 2, the edge server 130 is read as (caching agent), and parent server 120 is read as (business logic agent), origin server 110 is read as (origin server at the upstream node) that stores content data, client 140 request edge server 130 for content 200, each server consists of processor, exist within the network, and with their own corresponding storages within each server node. Seed teach client 140 request edge server 130 for content (path 200), (each server consists of processor, exist within the network, and with their own corresponding storages within each server node), which reads on (a content request indicating that the caching agent is requesting content data for a client) (Fig. 2, P. 24,). If the edge server 130 doesn’t have the content, and parent server 120 also doesn’t have the content, the content is replicated by the parent server from the origin server 110 (path 240) (specifically Fig. 2, P. 32,). If the edge server 130 does not have the content, the edge server 130 then replicates the content from the parent server 120 (path 220), Fig. 2, P. 32, Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 51, 63, 66, 68-69).
Seed fails to specifically teach receiving, an authentication request before content
request, authenticating that content data is provided by a customer of system; and
sending, an authentication response in response to authenticating, wherein the authentication response comprises an authorization.
Newton teach receiving, an authentication request before content request,
authenticating that content data is provided by a customer of system; and sending, an authentication response in response to authenticating, wherein the authentication response comprises an authorization. (Fig. 1, 3, P. 15, 40, 42-46, 53, CDN node 120a to connect with and authenticate clients according to various arrangements...CDN node 120a receives, from the client 110a, a connection request to the CDN node 120a to access content data corresponding to services provided by the origin server 150...users 101a-110n, among other clients/users. For example, client authentication information can be stored in the client database 250 at the 120a node, such that responsive to receiving the connection request from the client 110a at 310, the CDN node 120a authenticates the authentication credentials included in the connection request based on the client authentication information stored in the client database 250. As such, the CDN node 120a can leverage application-level knowledge at the CDN node 120a, and once authenticated the user is authenticated within the CDN system).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Newton by receiving, an authentication request before content request, authenticating that content data is provided by a customer of system; and sending, an authentication response in response to authenticating, wherein the authentication response comprises an authorization as taught by Newton in order to provide content to clients in real-time with fewer degradation of user experience.
Seed in view of Newton fail to specifically teach authentication comprising a cache key.
Fu teach authentication comprising a cache key. (Fig 6, P. 79, authentication response involves encrypted cache key).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton by authentication comprising a cache key as taught by Fu in order to not negatively impact when using a transport protocol for delivering in a CDN configuration.
Regarding claim(s) 4, 14, Seed in view of Newton in view of Fu teach the method, the
network, the caching agent, the clients, the second cache storage, the content delivery system, the caching agent, the business logic agent, the origin server.
Seed further wherein the content delivery system is a content delivery network (CDN); the caching agent is on an edge node of the CDN; the business logic agent is on an intermediate node of the CDN, wherein the intermediate node is different from the edge node; and the upstream node is an origin server that stores the content data or a node between the edge node and the origin node in the CDN that stores the content data. (Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 51, 63, 66, 68-69, as shown in Fig. 2, the edge server 130 is read as (caching agent), and parent server 120 is read as (business logic agent), origin server 110 is read as (origin server at the upstream node) that stores content data, client 140 request edge server 130 for content 200, each server consists of processor, exist within the network, and with their own corresponding storages within each server node).
Regarding claim(s) 5, 15, Seed in view of Newton in view of Fu teach the method, the caching agent, clients.
Seed further teach wherein caching agent comprises a hypertext transfer protocol (HTTP) service engine configured to service HTTP requests received from clients, and caching agent comprises a caching engine, and second cache storage). (Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 50-53, 55, URI links that are displayed by using HTTP).
Regarding claim(s) 6, 16, Seed in view of Newton in view of Fu teach the method, the content request, the customer, the upstream node, the business logic agent, the content data.
Newton further teach content request identifies upstream node, and receives content
data from upstream node based on content request. (Fig. 1, 3, P. 41-42, browser or an application on the client 110a can send a Domain Name System (DNS) request, which specifies a domain associated with the origin server 150 (which is served by the CDN),...after receiving IP address of location of requested content, the client 110a sends the connection request to the CDN node 120a using the IP address of the CDN node 120a, the CDN node 120a determines whether the client 110a is authenticated, if yes proceed with providing client 110a with requested content).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by content request identifies node, and receives content data from node based on content request as taught by Newton in order to provide content to clients in real-time with fewer degradation of user experience.
Regarding claim(s) 7, 17, Seed in view of Newton in view of Fu teach the method, the content request, the customer, the upstream node, the business logic agent, the content data.
Newton further teach addressed to upstream node. (P. Fig. 1, 3, P. 41-42, browser or an
application on the client 110a can send a Domain Name System (DNS) request, which specifies a domain associated with the origin server 150 (which is served by the CDN), to a DNS server)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by addressed to upstream node as taught by Newton in order to provide content to clients in real-time with fewer degradation of user experience.
Claim(s) 2-3, 13, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PGPUB 20060015574) to (Seed) in view of (US PUB 20140372589) to (Newton) in view of (US 20210045186) to (Fu) in view of (US PGPUB 20020162109) to (Shteyn).
Regarding claim(s) 2, 13, Seed in view of Newton in view of Fu teach the method, the network.
Seed further teach the content delivery system is a content delivery network (CDN); the business logic agent and the caching agent, the upstream node is an origin server that stores the content data or a node between the edge node and the origin node in the CDN that stores the content data. ((Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 51, 63, 66, 68-69, as shown in Fig. 2, the edge server 130 is read as (caching agent), and parent server 120 is read as (business logic agent), origin server 110 is read as (origin server at the upstream node) that stores content data, client 140 request edge server 130 for content 200, each server consists of processor, exist within the network, and with their own corresponding storages within each server node).
Seed in view of Newton in view of Fu fails to specifically network is a local host connection, and business logic agent and the caching agent are on a same edge node of CDN.
Shteyn teach a local host connection, and business logic agent and the caching agent are on a same edge node of CDN. (Fig. 1, 3, 4, P. 6-8, 14, 16-18 using portions of local storage for content sharing storage from upstream, where the end user system device can have parts of the local storage used for content sharing storage amongst the network, when content is requested by an end user system, it is obtained from multiple shared storage locations at different end user systems, which reads on (business logic agent and the caching agent are on a same edge node of CDN))
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by a local host connection, and business logic agent and the caching agent are on a same edge node of CDN as taught by Shteyn in order to provide efficient storage for easy quick access of content upon request.
Regarding claim(s) 3, Seed in view of Newton in view of Fu in view of Shteyn teach the method, the network, the local host connection.
Seed further teach over at least one of a hypertext transfer protocol (HTTP) connection and a HTTP/2 connection. (Seed Fig. 1-3(a), 3(b), P. 1, 10, 19, 20-26, 32, 50-53, 55, URI links that are displayed by using HTTP, and locally networked)
Claim(s) 8, 18, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PGPUB 20060015574) to (Seed) in view of (US PUB 20140372589) to (Newton) in view of (US 20210045186) to (Fu) in view of (US PGPUB 20070250560) to (Wein).
Regarding claim(s) 8, 18, Seed in view of Newton in view of Fu teach the method, the content request, the business logic agent, the content data, the address of the content data, the additional content requests,
Seed in view of Newton in view of Fu fails to specifically teach an address of the content
data comprises a Uniform Resource Locator (URL), and determines whether any of additional requests is requesting the same content data as requested by content request based on the address and range.
Wein teach an address of the content data comprises a Uniform Resource Locator (URL),
and determines whether any of additional requests is requesting the same content data as requested by content request based on the address and range. (Wein P. 24, 35, 46, 146, 157, 164, 192, 201, 205)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by an address of the content data comprises a Uniform Resource Locator (URL), and determines whether any of additional requests is requesting the same content data as requested by content request based on the address and range as taught by Wein in order to provide high-performance, fault-tolerant HTTP, streaming media and applications delivery in a content delivery network (CDN).
Claim(s) 9, 19, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PGPUB 20060015574) to (Seed) in view of (US PUB 20140372589) to (Newton) in view of (US 20210045186) to (Fu) in view of (US PUB 2019010989) to (Newton2) in view of (US PGPUB 20070250560) to (Wein).
Regarding claim(s) 9, 19, Seed in view of Newton in view of Fu teach the method, the content request, the customer, the business logic agent, the content data, the first cache storage.
Seed in view of Newton in view of Fu fail to specifically teach a fill identification,
determining, that a new copy of content data is needed based on fill ID, and filling, new copy of content data in cache storage in response to determining.
Newton2 further teach a fill identification, determining, that a new copy of content data
is needed based on fill ID, and filling, new copy of content data in cache storage in response to determining. (P. 153, 261-264, in the case when other cached places are checked and no copy of requested content exist, it would be obvious to obtain a new copy of the requested content).
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by a fill identification, determining, that a new copy of content data is needed based on fill ID, and filling, new copy of content data in cache storage in response to determining as taught by Newton2 in order to provide content to clients with fewer delays.
Seed in view of Newton in view of Fu in view of Newton2 fails to specifically teach a
conditional request header, and determining, a key corresponding to content request based on conditional request header.
Wein teach a conditional request header, and determining, a key corresponding to
content request based on conditional request header. (Wein P. 9, 29, 32, 143,146,148,190, 65, 73, 124, 155, 169)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu in view of Newton2 by a conditional request header, and determining, a key corresponding to content request based on conditional request header as taught by Wein in order to provide high-performance, fault-tolerant HTTP, streaming media and applications delivery in a content delivery network (CDN).
Claim(s) 11, 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over (US PGPUB 20060015574) to (Seed) in view of (US PUB 20140372589) to (Newton) in view of (US 20210045186) to (Fu) in view of (US PGPUB 20200221338) to (Luna).
Regarding claim 10, Seed in view of Newton in view of Fu teach the method, the content request, the business logic agent, the second cache storage of the caching agent is being filled with the content data, maintaining the cached content data, the additional content requests.
Seed in view of Newton in view of Fu fails to specifically teach maintaining the cached content data in
response to determining that two consecutive ones of content requests are received within a predetermined time interval.
Luna teach maintaining the cached content data in response to determining that two
consecutive ones of content requests are received within a predetermined time interval. (Luna P 68, 120, 123, 134, 181, 186, 206, 208, 263, 268, 271)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by maintaining the cached content data in response to determining that two consecutive ones of content requests are received within a predetermined time interval as taught by Luna in order to network operators/carriers lack a mechanism of monitoring usage, in particular application usage and its impact on network resources.
Regarding claim 11, Seed in view of Newton in view of Fu teach the method, the content request, the business logic agent, the second cache storage of the caching agent is being filled with the content data, one of the additional content requests has been received.
Seed in view of Newton in view of Fu fails to specifically teach determining that no new additional
content requests have been received for a predetermined time interval since a most recent one of content requests has been received.
Luna teach determining that no new additional content requests have been received for
a predetermined time interval since a most recent one of content requests has been received. (Luna P 68, 120, 123, 134, 181, 186, 206, 208, 263, 268, 271, in the case wherein the time interval expires and no consecutive requests are received the caching strategy changes)
Therefore, it would have been obvious to one of ordinary skill in the art before the
effective filing date of the claimed invention to modify Seed in view of Newton in view of Fu by determining that no new additional content requests have been received for a predetermined time interval since a most recent one of content requests has been received as taught by Luna in order to network operators/carriers lack a mechanism of monitoring usage, in particular application usage and its impact on network resources.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RONG LE whose telephone number is (571)270-7637. The examiner can normally be reached M-F (9 am - 6pm).
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/RONG LE/Primary Examiner, Art Unit 2421