CTNF 18/975,721 CTNF 83771 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claims 1-24, filed on 12/10/2024 are presented examination. Double Patenting 08-33 AIA The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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. Independent Claims 1, 7, 13 and 19 are rejected on the ground of non-statutory double patenting as being unpatentable over independent claims 1, 9, 17 and 33 of U.S. Patent No. 12199962 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim features of the instant application are broader versions of the patent; which is the parent case. Please see claim-comparison table below: Instant Application US Patent No.: 12199962 B2 At least one non-transitory machine-readable storage medium storing instructions to be executed by at least one machine, the at least one machine to be associated with a cloud service system, the cloud service system to be used in association with multiple tenants, the cloud service system comprising multiple compute nodes to communicate among themselves via a network, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry, the instructions, when executed by the at least one machine, resulting in the cloud service system being configured for performance of operations comprising: performing cryptographic operations associated with respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed by the respective processor circuitry of the multiple compute nodes; wherein: the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. At least one non-transitory machine-readable storage medium storing instructions to be executed by at least one machine, the at least one machine to be associated with a cloud service system, the cloud service system to be used in association with multiple tenants, the cloud service system comprising multiple compute nodes and a server node to communicate among themselves via a network, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry, the instructions, when executed by the at least one machine, resulting in the cloud service system being configured for performance of operations comprising: performing cryptographic operations associated with: respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed, based upon assignment data generated by the server node, by the respective processor circuitry of the multiple compute nodes; respective encrypted tenant disk data of the multiple virtual environments and/or the multiple workloads; and encrypted workload-related and/or virtual environment-related network communications; wherein: the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 7 . A method implemented using a cloud service system, the cloud service system to be used in association with multiple tenants, the cloud service system comprising multiple compute nodes to communicate among themselves via a network, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry, the method comprising: performing cryptographic operations associated with respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed by the respective processor circuitry of the multiple compute nodes; wherein: the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 9. A method implemented using a cloud service system, the cloud service system to be used in association with multiple tenants, the cloud service system comprising multiple compute nodes and a server node to communicate among themselves via a network, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry, the method comprising: performing cryptographic operations associated with: respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed, based upon assignment data generated by the server node, by the respective processor circuitry of the multiple compute nodes; respective encrypted tenant disk data of the multiple virtual environments and/or the multiple workloads; and encrypted workload-related and/or virtual environment-related network communications; wherein: the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 13 . A compute node to be used in a cloud service system, the compute node to be comprised in multiple compute nodes of the cloud service system, the cloud service system to be used in association with multiple tenants, the multiple compute nodes to communicate among with themselves via a network, the compute node comprising: cryptographic circuitry; processor circuitry; memory; and network interface controller circuitry; wherein: the cryptographic circuitry is to perform cryptographic operations associated with respective encrypted tenant virtual environment data associated with one or more of the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to one or more of multiple workloads and/or one or more of multiple virtual environments to be executed by the processor circuitry; the one or more of the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the memory is hypervisor-accessible, at least in part; the cryptographic circuitry is comprised, at least in part, in the network interface controller circuitry; and the cryptographic circuitry is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 17. Server node to be used in a cloud service system, the cloud service system to be used in association with multiple tenants, the cloud service system comprising multiple compute nodes, the server node and the multiple compute nodes to communicate among with themselves via a network, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry, the server node comprising: server memory circuitry to store instructions; and server processor circuitry to execute the instructions, the instructions, when executed by the server processor circuitry resulting in the server processor circuitry generating assignment data, the respective processor circuitry of the multiple compute nodes to execute, based upon the assignment data, multiple workloads and/or multiple virtual environments; wherein: the cloud service system is to perform cryptographic operations associated with: respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to the multiple workloads and/or the multiple virtual environments; respective encrypted tenant disk data of the multiple virtual environments and/or the multiple workloads; and encrypted workload-related and/or virtual environment-related network communications; the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 19 . Data center system to be used in association with a cloud service system, the cloud service system to be used in association with multiple tenants, the data center system comprising: multiple compute nodes, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry; and a network; wherein: the multiple compute nodes are to communicate among themselves via the network; the respective cryptographic circuitry is to perform cryptographic operations associated with respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed by the respective processor circuitry of the multiple compute nodes; the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. 33. Data center system to be used in association with a cloud service system, the cloud service system to be used in association with multiple tenants, the data center system comprising: multiple compute nodes, the multiple compute nodes comprising respective processor circuitry, respective memories, respective network interface controller circuitry, and respective cryptographic circuitry; a network; and a server node; wherein: the multiple compute nodes and the server node are to communicate among themselves via the network; the respective cryptographic circuitry is to perform cryptographic operations associated with: respective encrypted tenant virtual environment data associated with the multiple tenants, the respective encrypted tenant virtual environment data corresponding, at least in part, to multiple workloads and/or multiple virtual environments to be executed, based upon assignment data generated by the server node, by the respective processor circuitry of the multiple compute nodes; respective encrypted tenant disk data of the multiple virtual environments and/or the multiple workloads; and encrypted workload-related and/or virtual environment-related network communications; the multiple virtual environments comprise one or more virtual machines and/or one or more containers; the respective memories are hypervisor-accessible, at least in part; the cryptographic operations are to be performed by the respective cryptographic circuitry of the multiple compute nodes; the respective cryptographic circuitry of the multiple compute nodes is comprised, at least in part, in the respective network interface controller circuitry of the multiple compute nodes; and the respective cryptographic circuitry of the multiple compute nodes is to store hypervisor-inaccessible information associated with implementation of the cryptographic operations. Allowable Subject Matter Claims 1, 7, 13 & 19 would be allowable if the above non-statutory double patenting rejection is overcome (i.e., by filing terminal disclaimer/s). 13-03 AIA The following is an examiner’s statement of reasons for allowance: Regarding Independent Claims 1, 7, 13 and 19 , With examiner’s thorough search the closest prior arts found are Faibish et al. (US 8719590 B1) directed to Cloud infrastructure of an information processing system comprises one or more processing devices implementing a plurality of virtual machines. The cloud infrastructure is configured to receive a processing job from a tenant, to obtain a first key specific to the tenant, to determine a second key utilizing information supplied by the tenant, and to encrypt one or more results of the processing job utilizing a combination of the first key and the second key. At least a portion of the second key is determined by at least one application that is run on at least one virtual machine of the cloud infrastructure in conjunction with performance of the processing job. The encrypted results of the processing job may be stored in a virtual memory of the cloud infrastructure and transmitted to the tenant; and, Ferguson et al. (2015/0319160 A1) is directed to Deploying an encrypted entity on a trusted entity is illustrated herein. A method includes, at a trusted entity, wherein the trusted entity is trusted by an authority as a result of providing a verifiable indication of certain characteristics of the trusted entity meeting certain requirements, receiving an encrypted entity from an untrusted entity. The untrusted entity is not trusted by the authority. At the trusted entity, a trust credential from the authority is used to obtain a key from a key distribution service. The key distribution service is trusted by the authority. The key is used to decrypt the encrypted entity to allow the encrypted entity to be deployed at the trusted entity. However, neither Faibish et al. nor Ferguson et al., alone or in combination teach or suggest the claimed subject matter as disclosed in the independent claims. And, the features in the claim features of the instant application are broader versions of the patented claims in the parent application. Claims 2-6, 8-12, 14-18 & 20-24 are indicated as allowable because of their dependence . Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (S ee PTO—892). F or example, US 2015/0379282 A1 is directed to Encryption System In A Virtual Environment. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARE F TABOR whose telephone number is (571) 270-3155. The examiner can normally be reached Mon.—Fri.: 8:00 AM to 5:00 PM . Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, ALI SHAYANFAR can be reached at (571) 270-1050. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AMARE F TABOR/Primary Examiner, Art Unit 2434 Application/Control Number: 18/975,721 Page 2 Art Unit: 2434 Application/Control Number: 18/975,721 Page 3 Art Unit: 2434 Application/Control Number: 18/975,721 Page 4 Art Unit: 2434 Application/Control Number: 18/975,721 Page 5 Art Unit: 2434 Application/Control Number: 18/975,721 Page 6 Art Unit: 2434 Application/Control Number: 18/975,721 Page 7 Art Unit: 2434 Application/Control Number: 18/975,721 Page 8 Art Unit: 2434 Application/Control Number: 18/975,721 Page 9 Art Unit: 2434 Application/Control Number: 18/975,721 Page 10 Art Unit: 2434 Application/Control Number: 18/975,721 Page 11 Art Unit: 2434 Application/Control Number: 18/975,721 Page 12 Art Unit: 2434 Application/Control Number: 18/975,721 Page 13 Art Unit: 2434 Application/Control Number: 18/975,721 Page 14 Art Unit: 2434 Application/Control Number: 18/975,721 Page 15 Art Unit: 2434 Application/Control Number: 18/975,721 Page 16 Art Unit: 2434 Application/Control Number: 18/975,721 Page 17 Art Unit: 2434 Application/Control Number: 18/975,721 Page 18 Art Unit: 2434 Application/Control Number: 18/975,721 Page 19 Art Unit: 2434 Application/Control Number: 18/975,721 Page 20 Art Unit: 2434
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