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 .
Specification
The disclosure is objected to because of the following informalities: The specification should be updated to reflect the current status of all copending applications.
Appropriate correction is required.
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 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,224,951. Although the claims at issue are not identical, they are not patentably distinct from each other because as shown below, the instant application is a broader recitation of the claims in the ‘951 patent. As claimed, claim 1 of the instant application clearly anticipates claim 1 of the ‘951 patent.
Claim 1 of ‘951 patent
Claim 1 of instant application
A method, comprising:
A method, comprising:
receiving, by one or more network devices or systems, network communication messages from an ingress network device,
receiving, by one or more network devices or systems, network communication messages from an ingress network device,
wherein the network communication messages cause the one or more network devices or systems to initiate setup of resource reservations for communicating traffic through a network that includes the one or more network devices or systems and the ingress network device;
wherein the network communication messages cause the one or more network devices or systems to initiate setup of resource reservations for communicating traffic through a network that includes the one or more network devices or systems and the ingress network device;
determining, by the one or more network devices or systems, whether a quantity of resources required for processing the network communication messages to generate processed network communication messages exceeds a threshold level of available resources of the one or more network devices or systems;
generating, by the one or more network devices or systems, one or more error or control messages based on the quantity of resources required for processing the network communication messages exceeding the threshold level of available resources; and
generating, by the one or more network devices or systems, one or more error or control messages based on a quantity of resources required for processing the network communication messages; and
providing, by the one or more network devices or systems, the one or more error or control messages to the ingress network device to prevent the ingress network device from providing additional network communication messages to the one or more network devices or systems.
providing, by the one or more network devices or systems, the one or more error or control message to the ingress network device.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
C. Simon, M. Máté and M. Maliosz, "Resource Reservation in DetNet with AVB," 2021 8th International Conference on Electrical Engineering, Computer Science and Informatics (EECSI), Semarang, Indonesia, 2021, pp. 107-112.
K.-K. Nguyen and B. Jaumard, "A distributed and scalable RSVP-TE architecture for next generation IP routers," 2009 International Conference on High Performance Switching and Routing, Paris, France, 2009, pp. 1-6
Dhanak et al. EP 4277230 A1
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Jeffrey R. Swearingen
Primary Examiner
Art Unit 2445
/Jeffrey R Swearingen/Primary Examiner, Art Unit 2445
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