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
1. Claims 1-20 are presenting for examination.
non-statutory double patenting rejection
2. 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.
3. Claims 1-6, 10-16, and 20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 4, 6, 8-9, 13-17, and 19 of U.S. Patent No. 10,979,534. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 4, 6, 8-9, 13-17, and 19 of the patent 534 anticipates claims 1-6, 10-16, and 20 of the pending application as been shown in the table below.
19/028,440
10,965,737
1. A computer-implemented method, comprising: receiving, at an edge location of a cloud provider network embedded within a communications service provider network, a message to launch a customer container, wherein the message is received from a control plane service of the cloud provider network; and launching the customer container on a computer system of the edge location, the computer system having capacity for executing customer containers, wherein the edge location communicates with the cloud provider network at least partly via the communications service provider network, and wherein the customer container communicates with a mobile device via the communications service provider network.
13. A computer-implemented method comprising: receiving, at a provider substrate extension of a cloud provider network embedded within a communications service provider network, a message to launch a customer compute instance, wherein the message is received from a control plane service of the cloud provider network; launching the customer compute instance on a computer system of the provider substrate extension, the computer system having capacity for executing customer compute instances, wherein the provider substrate extension communicates with the cloud provider network via the communications service provider network, and wherein the customer compute instance communicates with a mobile device of a subscriber to the communications service provider network via the communications service provider network.
2. The computer-implemented method of claim 1, wherein the communication service provider network provides connectivity to the mobile device.
14. The computer-implemented method of claim 13, wherein the communications service provider network provides connectivity to devices of subscribers to the communications service provider network.
3. The computer-implemented method of claim 1, wherein the customer container communicates with the mobile device without traversing a network that carries traffic of non- subscribers to the communications service provider network.
15. The computer-implemented method of claim 13, wherein the customer compute instance communicates with the mobile device without traversing a network that carries traffic of users not subscribed to the communications service provider network.
4. The computer-implemented method of claim 1, wherein the edge location communicates with the cloud provider network at least partly via a secure tunnel through the communication service provider network.
16. The computer-implemented method of claim 13, wherein the provider substrate extension communicates with the cloud provider network via a secure tunnel through the communications service provider network.
5. The computer-implemented method of claim 1, wherein the edge location is connected to at least one of: a network component of a radio access network of the communications service provider network, a network component of an aggregation site of the communications service provider network, or a network component of a core network of the communications service provider network.
17. The computer-implemented method of claim 13, wherein the provider substrate extension is connected to at least one of a network component of a radio access network of the communications service provider network, a network component of an aggregation site of the communications service provider network, or a network component of a core network of the communications service provider network.
6. The computer-implemented method of claim 1, further comprising associating a network address with the customer container, wherein the network address is from a pool of network addresses in an address space of the communications service provider network allocated to the edge location.
19. The computer-implemented method of claim 13, further comprising associating an internet protocol address with the customer compute instance, wherein the internet protocol address is from a pool of IP addresses in the address space of the communications service provider network allocated to the provider substrate extension.
10. A system, comprising: a cloud provider network including a control plane service; and an edge location of the cloud provider network connected to a communications service provider network, the edge location including a computer system having capacity for executing customer containers, the edge location being controlled by the control plane service, the edge location executing a customer container that communicates with a device via the communications service provider network.
11. The system of claim 10, wherein the control plane service communicates with the edge location at least partly via the communications service provider network.
12. The system of claim 10, wherein the communications service provider network provides wireless network connectivity to the device.
4. A system comprising: a cloud provider network including a first control plane service to manage customer compute instances hosted on resources of the cloud provider network; and a first provider substrate extension of the cloud provider network connected to a first communications service provider network, wherein the first provider substrate extension: includes a first computer system having capacity for executing customer compute instances; is controlled at least in part by the first control plane service via a connection through at least a portion of the first communications service provider network, and executes at least a first customer compute instance using the first computer system, wherein the first customer compute instance communicates with a first mobile computer system connected via the first communications service provider network.
13. The system of claim 10, wherein the edge location is connected to at least one of: a network component of a radio access network of the communications service provider network, a network component of an aggregation site of the communications service provider network, or a network component of a core network of the communications service provider network.
8. The system of claim 4, wherein the first provider substrate extension is connected to at least one of a network component of a radio access network of the first communications service provider network, a network component of an aggregation site of the first communications service provider network, or a network component of a core network of the first communications service provider network.
14. The system of claim 10, wherein the customer container communicates with the device without traversing a network that carries traffic of non-subscribers to the communications service provider network.
6. The system of claim 5, wherein the first customer compute instance communicates with the first mobile computer system without traversing a network that carries traffic of users not subscribed to the first communications service provider network.
15. The system of claim 10, further comprising a plurality of edge locations of the cloud provider network deployed within the communications service provider network at different geographic locations, wherein the plurality of edge locations includes the edge location.
9. The system of claim 4, further comprising a plurality of provider substrate extensions of the cloud provider network deployed within the first communications service provider network at different geographic locations, wherein the plurality of provider substrate extensions includes the first provider substrate extension.
16. A computer-implemented method, comprising: selecting, by a control plane service of a cloud provider network, a particular edge location from a plurality of edge locations of the cloud provider network for launching a customer container, the particular edge location being embedded within a communications service provider network; and causing, by the control plane service, the customer container to be launched on a computer system of the edge location, the computer system having capacity for executing customer containers, wherein the edge location communicates with the cloud provider network at least partly via the communications service provider network, and wherein the customer container communicates with a device via the communications service provider network.
13. A computer-implemented method comprising: receiving, at a provider substrate extension of a cloud provider network embedded within a communications service provider network, a message to launch a customer compute instance, wherein the message is received from a control plane service of the cloud provider network; launching the customer compute instance on a computer system of the provider substrate extension, the computer system having capacity for executing customer compute instances, wherein the provider substrate extension communicates with the cloud provider network via the communications service provider network, and wherein the customer compute instance communicates with a mobile device of a subscriber to the communications service provider network via the communications service provider network.
20. The computer-implemented method of claim 16, wherein the device subscribes to connectivity provided by the communications service provider network.
14. The computer-implemented method of claim 13, wherein the communications service provider network provides connectivity to devices of subscribers to the communications service provider network.
4. Claims 7-9 & 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
4.1 The prior art of record doesn’t teach the limitations of claims 7-9 & 17-19.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Moustafa M Meky whose telephone number is (571)272-4005. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ario Etienne can be reached at 571-272-4001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MOUSTAFA M. MEKY
Primary Patent Examiner
Art Unit 2457
/MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457
07/02/2026
Prosecution Insights