CTNF 19/036,417 CTNF 71235 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia 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 presenting for examination. Non-statutory double patenting rejection 08-33 AIA 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. 08-34 AIA Claim s 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim s 1-17 of U.S. Patent No. 12,238,009 . Although the claims at issue are not identical, they are not patentably distinct from each other because the patent 009 anticipates the claimed invention as shown in the table below . 19/036,417 12,238,009 1. A method, comprising: determining, via one or more processors, an amount of network bandwidth available to be processed by flow control nodes within a cloud network for a first time period; providing, via the one or more processors, data to the flow control nodes, where the data indicates a bandwidth allocation; and receiving, via the one or more processors, second data that indicates an amount of network traffic routed during the first time period by individual ones of the flow control nodes. 1. A method, comprising: determining, via one or more processors, an amount of network bandwidth available to be processed by flow control nodes within a cloud network for a first time period ; determining, via the one or more processors, a bandwidth allocation for traffic classes for the first time period; determining, via the one or more processors, a portion of the bandwidth allocation for the flow control nodes; providing, via the one or more processors, data to the flow control nodes, where the data indicates the portion of the bandwidth allocation for the traffic classes; and receiving, via the one or more processors, second data that indicates an amount of network traffic routed during the first time period by individual ones of the flow control nodes. 2. The method of claim 1, further comprising determining, via the one or more processors, the bandwidth allocation for traffic classes for the first time period. 1. A method, comprising: determining, via one or more processors, an amount of network bandwidth available to be processed by flow control nodes within a cloud network for a first time period; determining, via the one or more processors, a bandwidth allocation for traffic classes for the first time period ; determining, via the one or more processors, a portion of the bandwidth allocation for the flow control nodes; providing, via the one or more processors, data to the flow control nodes, where the data indicates the portion of the bandwidth allocation for the traffic classes; and receiving, via the one or more processors, second data that indicates an amount of network traffic routed during the first time period by individual ones of the flow control nodes. 3. The method of claim 2, wherein determining the bandwidth allocation for the traffic classes includes determining a total number of tokens to be generated within individual ones of the flow control nodes during the first time period, where the total number of tokens is based, at least in part, on an amount of network bandwidth that the individual ones of the flow control nodes can process during the first time period. 2. The method of claim 1, wherein determining the bandwidth allocation for the traffic classes includes determining a total number of tokens to be generated within individual ones of the flow control nodes during the first time period, where the total number of tokens is based, at least in part, on an amount of network bandwidth that the individual ones of the flow control nodes can process during the first time period. 4. The method of claim 1, wherein providing the flow control nodes with the data includes providing a total number of tokens to be generated within the flow control node for the first time period, as well as a minimum guaranteed token allocation and a maximum allowable token allocation for individual ones of traffic classes during the first time period. 3. The method of claim 1, wherein providing the flow control nodes with the data that indicates the portion of the bandwidth allocation for the traffic classes includes a total number of tokens to be generated within the flow control node for the first time period, as well as a minimum guaranteed token allocation and a maximum allowable token allocation for individual ones of the traffic classes during the first time period. 5. The method of claim 1, further comprising receiving, via the one or more processors, from individual ones of the flow control nodes token use data for individual ones of traffic classes during the first time period. 4. The method of claim 1, further comprising receiving, via the one or more processors, from individual ones of the flow control nodes token use data for individual ones of the traffic classes during the first time period. 6. The method of claim 1, wherein, for individual ones of the flow control nodes, adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation, or one or more individual flow control nodes, where the adjusting is based at least in part on an analysis of the second data. 5. The method of claim 1, wherein, for individual ones of the flow control nodes, adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation for one or more of individual ones of the traffic classes, or one or more individual flow control nodes, where the adjusting is based at least in part on an analysis of the second data. 7. The method of claim 1, where providing the data to the flow control nodes, includes sending to the flow control nodes a total number of tokens to be generated within the first time period, as well as a minimum guaranteed token allocation and a maximum allowable token allocation for traffic classes during the first time period. 6. The method of claim 1, where providing the data to the flow control nodes, includes sending to the flow control nodes a total number of tokens to be generated within the first time period, as well as a minimum guaranteed token allocation and a maximum allowable token allocation for each of the traffic classes during the first time period. 8. The method of claim 1, further comprising: determining that a first flow control node of the flow control nodes utilized a first number of tokens for a first traffic class during the first time period; determining that a second flow control node utilized a second number of tokens for the first traffic class during the first time period; determining that the first number of tokens is different than the second number of tokens; and adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation for one or more of the first flow control node or the second control node. 7. The method of claim 1, further comprising: determining that a first flow control node of the flow control nodes utilized a first number of tokens for a first traffic class during the first time period; determining that a second flow control node utilized a second number of tokens for the first traffic class during the first time period; determining that the first number of tokens is different than the second number of tokens; and adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation for one or more of the first flow control node or the second control node. 9. The method of claim 1, further comprising: determining that a first flow control node of the flow control nodes utilized a first number of tokens for a first traffic class during the first time period; determining that a second flow control node utilized a second number of tokens for the first traffic class during the first time period; determining that the first number of tokens is different than the second number of tokens; and adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation for one or more of the first traffic class or one or more other traffic classes. 8. The method of claim 1, further comprising: determining that a first flow control node of the flow control nodes utilized a first number of tokens for a first traffic class during the first time period; determining that a second flow control node utilized a second number of tokens for the first traffic class during the first time period; determining that the first number of tokens is different than the second number of tokens; and adjusting one or more of a minimum guaranteed token allocation or a maximum allowable token allocation for one or more of the first traffic class or one or more other traffic classes. 10. A system comprising: a management node within a cloud network; and a flow control node within the cloud network, wherein the flow control node is configured to receive data from the management node, wherein the data indicates one or more bandwidth allocations available for the flow control node to process during a first time period; receive network data to be routed to a destination within the cloud network; perform one or more operations based, at least in part, on the one or more bandwidth allocations, where the one or more operations include one or more of routing the data to the destination, or dropping the network data and providing one or more errors; provide second data to the management node, where the second data indicates an amount of network traffic routed by the flow control node during the time period; and receive third data from the management node, wherein the third data indicates one or more second bandwidth allocations available for the flow control node to process during a second time period. 9. A system comprising: a management node within a cloud network; and a flow control node within the cloud network, wherein the flow control node is configured to: receive data from the management node, wherein the data indicates one or more bandwidth allocations for traffic classes available for the flow control node to process during a first time period; receive network data to be routed to a destination within the cloud network; identify a traffic class associated with the network data; determine a number of tokens associated with the traffic class, wherein an individual token represents a predetermined amount of network data that can be routed by the flow control node ; perform one or more operations based, at least in part, on the number of tokens associated with the traffic class, where the one or more operations include one or more of routing the data to the destination, or dropping the network data and providing one or more errors; provide second data to the management node, where the second data indicates a portion of the bandwidth allocation for the traffic classes used by the flow control node to route network data during the time period; and receive third data from the management node, wherein the third data indicates one or more second bandwidth allocations for the traffic classes available for the flow control node to process during a second time period. 11. The system of claim 10, wherein the flow control node is further configured to identify a traffic class associated with the network data. 9. A system comprising: a management node within a cloud network; and a flow control node within the cloud network, wherein the flow control node is configured to: receive data from the management node, wherein the data indicates one or more bandwidth allocations for traffic classes available for the flow control node to process during a first time period; receive network data to be routed to a destination within the cloud network; identify a traffic class associated with the network data; determine a number of tokens associated with the traffic class, wherein an individual token represents a predetermined amount of network data that can be routed by the flow control node; perform one or more operations based, at least in part, on the number of tokens associated with the traffic class, where the one or more operations include one or more of routing the data to the destination, or dropping the network data and providing one or more errors; provide second data to the management node, where the second data indicates a portion of the bandwidth allocation for the traffic classes used by the flow control node to route network data during the time period; and receive third data from the management node, wherein the third data indicates one or more second bandwidth allocations for the traffic classes available for the flow control node to process during a second time period. 12. The system of claim 11, wherein the flow control node is further configured to determine a number of tokens associated with the traffic class, wherein an individual token represents a predetermined amount of network data that can be routed by the flow control node. 9. A system comprising: a management node within a cloud network; and a flow control node within the cloud network, wherein the flow control node is configured to: receive data from the management node, wherein the data indicates one or more bandwidth allocations for traffic classes available for the flow control node to process during a first time period; receive network data to be routed to a destination within the cloud network; identify a traffic class associated with the network data; determine a number of tokens associated with the traffic class, wherein an individual token represents a predetermined amount of network data that can be routed by the flow control node ; perform one or more operations based, at least in part, on the number of tokens associated with the traffic class, where the one or more operations include one or more of routing the data to the destination, or dropping the network data and providing one or more errors; provide second data to the management node, where the second data indicates a portion of the bandwidth allocation for the traffic classes used by the flow control node to route network data during the time period; and receive third data from the management node, wherein the third data indicates one or more second bandwidth allocations for the traffic classes available for the flow control node to process during a second time period. 13. The system of claim 10, where the flow control node is further configured to: generate a total number of tokens for the flow control node; and distribute the total number of tokens to class-specific buckets according to a minimum guaranteed token allocation and a maximum allowable token allocation for traffic classes. 10. The system of claim 9, where the flow control node is further configured to: generate a total number of tokens for the flow control node; and distribute the total number of tokens to class-specific buckets according to a minimum guaranteed token allocation and a maximum allowable token allocation for each of the traffic classes. 14. The system of claim 10, wherein the flow control node is further configured to: receive updated data from the management node, wherein the updated data indicates one or more updated bandwidth allocations available for the flow control node to process during a second time period; and update a minimum guaranteed token allocation and a maximum allowable token allocation for individual ones of class-specific buckets corresponding to traffic classes. 11. The system of claim 9, wherein the flow control node is further configured to: receive updated data from the management node, wherein the updated data indicates one or more updated bandwidth allocations for the traffic classes available for the flow control node to process during a second time period; and update a minimum guaranteed token allocation and a maximum allowable token allocation for individual ones of class-specific buckets corresponding to the traffic classes. 15. The system of claim 10, wherein the flow control node is further configured to: determine that a number of tokens held within a class-specific bucket associated with a traffic class is insufficient to route the network data; and wherein performing the one or more operations includes dropping the network data. 12. The system of claim 9, wherein the flow control node is further configured to: determine that the number of tokens held within s class-specific bucket associated with the traffic class is insufficient to route the network data; and wherein performing the one or more operations includes dropping the network data. 16. The system of claim 10, wherein the flow control node is further configured to: determine that a number of tokens held within a class-specific bucket for a traffic class is sufficient to route the network data; and wherein performing the one or more operations includes routing the network data to the destination. 13. The system of claim 9, wherein the flow control node is further configured to: determine that the number of tokens held within a class-specific bucket for the traffic class is sufficient to route the network data; and wherein performing the one or more operations includes routing the network data to the destination. 17. The system of claim 16, wherein the flow control node is further configured to remove a number of tokens from the class-specific bucket, wherein the number of tokens corresponds to an amount of the network data routed. 14. The system of claim 13, wherein the flow control node is further configured to remove a number of tokens from the class-specific bucket, wherein the number of tokens corresponds to an amount of the network data routed. 18. The system of claim 10, wherein the flow control node is further configured to: determine that a number of tokens held within a class-specific bucket associated with a traffic class is insufficient to route the network data; determine that the flow control node has exceeded a maximum token allocation for the traffic class for the time period; and wherein performing the one or more operations includes re-allocating a first portion of tokens from a different traffic class to the traffic class associated with the network data and routing the network data to the destination. 15. The system of claim 9, wherein the flow control node is further configured to: determine that the number of tokens held within a class-specific bucket associated with the traffic class is insufficient to route the network data; determine that the flow control node has exceeded a maximum token allocation for the traffic class for the time period; and wherein performing the one or more operations includes re-allocating a first portion of tokens from at least one of the other traffic classes to the traffic class associated with the network data and routing the network data to the destination. 19. The system of claim 10, wherein the flow control node is further configured to: determine that all tokens are removed from a class-specific bucket before an expiration of the first time period; and re-allocating tokens from one or more different class-specific buckets to the class- specific bucket before the expiration of the first time. 16. The system of claim 9, wherein the flow control node is further configured to: determine that all of the tokens are removed from a class-specific bucket before an expiration of the first time period; and re-allocating tokens from one or more other class-specific buckets to the class-specific bucket before the expiration of the first time period. 20. A non-transitory computer-readable medium storing a set of instructions, the set of instructions when executed by one or more processors cause processing to be performed comprising: determining an amount of network bandwidth available to be processed by flow control nodes within a cloud network for a first time period; providing data to the flow control nodes, where the data indicates a bandwidth allocation; and receiving second data that indicates an amount of network traffic routed during the first time period by individual ones of the flow control nodes. 17. A non-transitory computer-readable medium storing a set of instructions, the set of instructions when executed by one or more processors cause processing to be performed comprising: determining an amount of network bandwidth available to be processed by flow control nodes within a cloud network for a first time period ; determining a bandwidth allocation for traffic classes for the first time period; determining a portion of the bandwidth allocation for the flow control nodes; providing data to the flow control nodes, where the data indicates the portion of the bandwidth allocation for the traffic classes; and receiving second data that indicates an amount of network traffic routed during the first time period by individual ones of the flow control nodes. 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. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. MOUSTAFA M. MEKY Primary Patent Examiner Art Unit 2457 /MOUSTAFA M MEKY/Primary Examiner, Art Unit 2457 05/30/2026 Application/Control Number: 19/036,417 Page 2 Art Unit: 2457 Application/Control Number: 19/036,417 Page 3 Art Unit: 2457 Application/Control Number: 19/036,417 Page 4 Art Unit: 2457 Application/Control Number: 19/036,417 Page 5 Art Unit: 2457 Application/Control Number: 19/036,417 Page 6 Art Unit: 2457 Application/Control Number: 19/036,417 Page 7 Art Unit: 2457 Application/Control Number: 19/036,417 Page 8 Art Unit: 2457 Application/Control Number: 19/036,417 Page 9 Art Unit: 2457 Application/Control Number: 19/036,417 Page 10 Art Unit: 2457 Application/Control Number: 19/036,417 Page 11 Art Unit: 2457 Application/Control Number: 19/036,417 Page 12 Art Unit: 2457 Application/Control Number: 19/036,417 Page 13 Art Unit: 2457 Application/Control Number: 19/036,417 Page 14 Art Unit: 2457 Application/Control Number: 19/036,417 Page 15 Art Unit: 2457 Application/Control Number: 19/036,417 Page 16 Art Unit: 2457 Application/Control Number: 19/036,417 Page 17 Art Unit: 2457 Application/Control Number: 19/036,417 Page 18 Art Unit: 2457 Application/Control Number: 19/036,417 Page 19 Art Unit: 2457 Application/Control Number: 19/036,417 Page 20 Art Unit: 2457 Application/Control Number: 19/036,417 Page 21 Art Unit: 2457 Application/Control Number: 19/036,417 Page 22 Art Unit: 2457
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