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 .
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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of U.S. Patent No. 12,212,618. Although the claims at issue are not identical, they are not patentably distinct from each other because the difference are either limited to the preamble, purely stylistic differences without material substance, or make a minor obvious variation wherein the apparatus is replaced by an entity hosted on the apparatus.
Application No. 18/008,541
US Patent No. 12, 212,618
An apparatus in a network, the apparatus comprising circuitry configured to:
A first apparatus comprising a processor, a memory, and communication circuitry, the first apparatus being connected to a communications network via its communication circuitry, the first apparatus further comprising computer-executable instructions stored in the memory of the first apparatus which, when executed by the processor of the first apparatus, cause the first apparatus to:
receive, from a second entity in the network, a request message to create an overlay resource,
receive, via the communications network from a second apparatus on the network, a request message to create an overlay resource,
by a first entity hosted on the apparatus and for a physical resource tree,
by the first apparatus and for a physical resource tree,
the physical resource tree having a root and at least one branch point stemming from at least one of the root or at least one branch of the physical resource tree,
the physical resource tree having a root and at least one branch point stemming from at least one of the root or at least one branch of the physical resource tree,
the physical resource tree defining a first parent-child relationship between one or more physical resources in a tree structure,
the physical resource tree defining a first parent-child relationship between one or more physical resources in a tree structure,
wherein the physical resources are hosted on a third entity,
wherein the physical resources are hosted on a third apparatus,
and wherein the overlay resource indicates an overlay resource tree establishing second parent-child relationships between one or more of the physical resources of the physical resource tree hosted on the third entity,
and wherein the overlay resource indicates an overlay resource tree establishing second parent-child relationships between one or more of the physical resources of the physical resource tree hosted on the third apparatus,
and wherein the overlay resource indicates an overlay resource tree establishing second parent-child relationships between one or more of the physical resources of the physical resource tree hosted on the third entity,
and wherein the overlay resource indicates an overlay resource tree establishing second parent-child relationships between one or more of the physical resources of the physical resource tree hosted on the third entity,
wherein the second parent-child relationships are different than the first parent-child relationships,
wherein the second parent-child relationships are different than the first parent-child relationships,
the overlay resource tree defined by a root resource and at least one branch stemming from one or more branching points to one or more child resources;
the overlay resource tree defined by a root resource and at least one branch stemming from one or more branching points to one or more child resources;
create the overlay resource by selecting a subset of the one or more physical resources of the physical resource tree and establishing the second parent-child relationships between the selected subset of the one or more physical resources,
create the overlay resource by selecting a subset of the one or more physical resources of the physical resource tree and establishing the second parent-child relationships between the selected subset of the one or more physical resources,
create the overlay resource by selecting a subset of the one or more physical resources of the physical resource tree and establishing the second parent-child relationships between the selected subset of the one or more physical resources,
comprising the root resource and the one or more child resources of the overlay resource tree,
comprising the root resource and the one or more child resources of the overlay resource tree,
send, to the second entity in the network, a response message indicating the overlay resource was created.
send, via the communications network to the second apparatus on the network, a response message indicating the overlay resource was created.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER PALACA CADORNA whose telephone number is (571)270-0584. The examiner can normally be reached M-F 10:00-7:00.
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/CHRISTOPHER P CADORNA/Examiner, Art Unit 2444
/JOHN A FOLLANSBEE/Supervisory Patent Examiner, Art Unit 2444
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