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 .
DETAILED ACTION
Claims 1-20 are presented for examination.
IDS filed on 1/7/25 is considered.
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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,231,495 (hereinafter Horowitz). Although the claims at issue are not identical, they are not patentably distinct from each other because of the following rationales.
Horowitz discloses determining a new destination internet protocol (IP) and a new destination user datagram protocol (UDP) port for a new queue pair (QP) associated with a request to add the new QP to a remote direct memory access (RDMA) session group; determining, for a session of the RDMA session group, at least a session destination IP and a session destination UDP port; determining the new destination IP and the new destination UDP port are different from the session destination IP and the session destination UDP port; creating a new RDMA session group and a new session for the new QP; and establishing a connection for the new QP using the new session of the new RDMA session group (claim 1); determining one or more existing operating parameters for the session of the RDMA session group; and causing at least some of the existing operating parameters to be applied to the new QP of the new RDMA session group (claim 3); configuring the new QP according to one or more target operating parameters; and transmitting one or more packets associated with the new QP using the new RDMA session (claim 2); wherein the one or more target operating parameters include at least one of encryption parameters or encapsulation parameters (claim 19); receiving a second request to add a second new QP to the RDMA session group; determining a second new destination IP and a second new destination UDP port for the second new QP; determining the second new destination IP and the second new destination UDP port the same as the session destination IP and the session destination UDP port; and establishing a second connection for the second new QP using the session of the RDMA session group (claim 1); wherein the new QP has at least one of a different performance level or a different level of service than one or more other QPs associated with the RDMA session group (claim 18); determining one or more existing QPs of the RDMA session group are operating below one or more performance thresholds (claim 1); processing circuitry to establish a new queue pair (QP) using a new session of a new remote direct memory access (RDMA) session group when the new QP is determined to have a different new destination internet protocol (IP) and a different new destination user datagram protocol (UDP) port compared to a session destination IP and a session destination UDP for a session of an established RDMA session group, and to establish a connection for the new QP (claim 15); wherein the system is comprised in at least one of: a system for performing simulation operations; a system for performing simulation operations to test or validate autonomous machine applications; a system for rendering graphical output; a system for performing deep learning operations; a system implemented using an edge device; a system for generating or presenting virtual reality (VR) content; a system for generating or presenting augmented reality (AR) content; a system for generating or presenting mixed reality (MR) content; a system incorporating one or more Virtual Machines (VMs);a system implemented at least partially in a data center; a system for performing hardware testing using simulation; a system for synthetic data generation; a collaborative content creation platform for 3D assets; or a system implemented at least partially using cloud computing resources (claim 20).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant is reminded that in amending in response to a rejection of claims, the patentable novelty must be clearly shown in view of the state of the art disclosed by the references cited and the objection made. Applicant must show how the amendments avoid such references and objections. See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIANGCHE A WANG whose telephone number is (571)272-3992. The examiner can normally be reached M-F 10:00am to 6:30pm.
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Liang-che Alex Wang
June 29, 2026
/LIANG CHE A WANG/Primary Examiner, Art Unit 2447
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