DETAILED ACTION
Response to Amendment
This communication is in response to the Amendment filed 5 February 2026.
Claims 21-40 are currently pending. In the Amendment filed 5 February 2026, claims 21, 25, 26, 32, 34 and 37 are currently amended and claims 1-20 are canceled. This action is Final.
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 .
Priority
This Application claims priority as a continuation to Application 17/702,500, filed 23 March 2022, which is a continuation of Application 16/134,778 filed 18 September 2018, which is a continuation of 14/253,713 filed 15 April 2014.
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 25 and 38 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 2 and 20 of U.S. Patent No. 9,762,443. Although the claims at issue are not identical, they are not patentably distinct from each other because while the current application fails to state “monitoring network traffic comprising a plurality of network packets,” it is inherent that in order for a remote capture agent to generate event data based on the packets, the remote capture agent has to first monitor/collect the packet data. Furthermore, in view of the Specification, it appears that the stream server and the centralized server are analogous.
Current Application
US Patent No 9,762,443
21. A computer-implemented method, comprising:
25. The method of claim 21, further comprising: obtaining, at the remote capture agent, configuration information for performing transformations.
generating, by a remote capture agent, timestamped event data from a plurality of network packets based on a set of configurations provided from a centralized server;
transforming, by the remote capture agent, the timestamped event data into transformed timestamp events based on the set of configurations provided from the centralized server;
sending, via a network, the transformed timestamped events to a centralized server on the network; and
processing, by the centralized server, the transformed timestamped events.
1. A computer-implemented method performed by a remote capture agent coupled to a network, comprising:
obtaining configuration information from a configuration server over a network, wherein the configuration information is usable by the remote capture agent to generate timestamped event data from network packets and to transform the timestamped event data into transformed event data;
monitoring network traffic comprising a plurality of network packets;
generating, based on the configuration information, timestamped event data from at least one network packet of the plurality of network packets, wherein generating the timestamped event data includes segmenting the at least one network packet into a plurality of events and associating each event of the plurality of events with a respective timestamp; and
transforming, based on the same configuration information, the timestamped event data into transformed event data, wherein transforming the timestamped event data includes performing an operation involving data contained in at least one event of the plurality of events.
2. The computer-implemented method of claim 1, further comprising: sending an event stream comprising the transformed event data to one or more stream servers for further transformation of the transformed event data by the one or more stream servers.
37, 38
19, 20
Claims 25 and 38 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 19 of U.S. Patent No. 10,348,583. Although the claims at issue are not identical, they are not patentably distinct from each other because while the current application fails to state “monitoring network traffic comprising a plurality of network packets,” it is inherent that in order for a remote capture agent to generate event data based on the packets, the remote capture agent has to first monitor/collect the packet data.
Current Application
US Patent No 10,348,583
21. A computer-implemented method, comprising:
25. The method of claim 21, further comprising: obtaining, at the remote capture agent, configuration information for performing transformations.
generating, by a remote capture agent, timestamped event data from a plurality of network packets based on a set of configurations provided from a centralized server;
transforming, by the remote capture agent, the timestamped event data into transformed timestamp events based on the set of configurations provided from the centralized server;
sending, via a network, the transformed timestamped events to a centralized server on the network; and
processing, by the centralized server, the transformed timestamped events.
1. A computer-implemented method performed by a remote capture agent coupled to a network, comprising:
obtaining configuration information from a configuration server over a network;
monitoring network traffic comprising a plurality of network packets;
generating, based on the configuration information, timestamped event data from at least one network packet of the plurality of network packets by segmenting the at least one network packet into events and associating timestamps with the events; and
transforming, based on the same configuration information, the timestamped event data into transformed event data; and
sending an event stream of timestamped event data including the transformed event data to another component on the network for subsequent processing.
37, 38
19
Claim Objections
The objections to claims 26 and 27 are withdrawn as necessitated by amendment to claim 26.
Claim Rejections - 35 USC § 101
The rejections of claims 21-40 under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more are withdrawn as necessitated by amendment. The claims now incorporate the improvement as stated in the specification and described in the Remarks.
Allowable Subject Matter
Claims 21-40 contain allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Moon and Suleiman.
Moon discloses a computer-implemented method, comprising: generating, by a remote capture agent [meters], event data based on a plurality of network packets [network data] (see [0033]; [0034]; The meters collect/capture operational/network data. Once deployed, the each meter 102 may capture operational data including the network traffic being sent and received by the application data nodes.); transforming [processing], by the remote capture agent [meter], the event data into transformed events (see [0034]; [0055] – For example, the meters may capture and process network data. Dependent claim 24 states that transforming comprises processing.); sending, via a network, the transformed events to a centralized server [Application Performance server] on the network (see [0057]; [0077]; Fig 5 – The meters may stream the operational data collected and processed by them to the application performance monitor 108. The Application server contains the application performance monitor as depicted by Fig 5.); and processing, by the centralized server [Application Performance server], the transformed events (see [0057]; [0077] – The meters may stream the operational data collected and processed by them to the application performance monitor 108 for further analysis, storage and/or provision to users.).
Suleiman teaches the limitations generating, by a remote capture agent [raw sample collector], timestamped event data (see [0050] – A raw sample collector receives large volumes of unrefined, raw sensory data and extensive collections of system snapshot data. The raw sample collector can receive such data at high rates and in high volumes and a raw sample collector can store raw data into a database of raw samples comprising any number of timestamped events. Any raw samples of whatever form can be timestamped with a clock time using a real-time clock to produce timestamped events.); transforming, by the remote capture agent [collector], the timestamped event data into transformed timestamp events (see [0052] – The raw samples are processed so as to support downstream processing).
The prior art of record fails to teach the limitations found in each of the independent claims of “generating, by a remote capture agent, timestamped event data from a plurality of network packets based on a set of configurations provided from a centralized server; transforming, by the remote capture agent, the timestamped event data into transformed timestamp events based on the set of configurations provided from the centralized server; sending, via a network, the transformed timestamped events to the centralized server on the network; and processing, by the centralized server, the transformed timestamped events” in combination with the other claimed limitations.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY LOVEL WILSON whose telephone number is (571)272-2750. The examiner can normally be reached 8-4:30.
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/KIMBERLY L WILSON/Primary Examiner, Art Unit 2167
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