Detailed Action
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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Claim 1 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1+2+3 of U.S. Patent No. Although the claims at issue are not identical, they are not patentably distinct from each other because the claim limitation of the instant application is anticipated by the reference patent
Instant Application
Reference Patent 12242865
1. A method for managing the configuration of a multi-tenant server system, the method comprising:receiving a first configuration command for a service provided by a server system, wherein the first configuration command is associated with configuring operation of the service for a first tenant;storing the first configuration command in a configuration of the server system, wherein the configuration comprises configuration commands associated with operation of the service and the first configuration command is stored in association with a first configuration tag mapped to the first tenant;determining a first subset of the configuration of the server system based on the first configuration tag, wherein the first subset comprises configuration commands of the configuration associated with first configuration tag mapped to the first tenant; andexecuting the first subset of configuration commands associated with the first configuration tag, including executing the first configuration command to configure operation of the service for the first tenant according to the first configuration command.
1. A method for managing the configuration of individual features in a server system, the method comprising:receiving a configuration command for a configuration feature of the server system to be configured for a specific user, wherein the configuration command includes an association with an operation for the configuration feature of the server system and a configuration tag associated with the specific user;storing the configuration command in a configuration of the server system the configuration comprising one or more configuration commands; andselectively operating on a subset of the configuration of the server system, the subset of the configuration defined by the configuration commands in the configuration that include the configuration tag associated with the specific user, wherein selectively operating on the subset of the configuration comprises executing the operation associated with the configuration command to configure the configuration feature of the server system.
2. The method of claim 1, further comprising providing, by the server system, one or more tag-based commands, each of the tag-based commands operable to modify a subset of configuration features corresponding to configuration commands in the server system configuration that include a designated configuration tag specified with the tag-based command.
3. The method of claim 2, further comprising executing a first tag-based command of the one or more tag-based commands, the executing including: receiving a designated configuration tag associated with the execution of the first tag-based command; operating on a subset of the configuration commands that include the designated configuration tag.
2
6
8
9+13+14
9
13
15
15+18
Allowable Subject Matter
Claim 1-20 allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The following is an examiner’s statement of reasons for allowance:
Kamp [ 20160034214] teaches a database that is accessible to a database server; wherein the database includes persistent-format data, stored on the persistent storage, in a persistent format; converting the persistent-format data to a mirror format to produce mirror-format data; storing the mirror-format data within volatile memory; wherein the mirror format is different from the persistent format; wherein, within the volatile memory, the mirror-format data is accessible to the database server; wherein each data item in the mirror-format data is a copy of a corresponding data item in the persistent-format data; receiving, by the database server, a request to execute a database command that requires a required set of data items; and during execution of the database command: the database server obtaining a first subset of data items, of the required set of data items, from the persistent-format data, and the database server obtaining a second subset of data items, of the required set of data items, from the mirror-format data.
Famolari [20030110484] teaches broadcasts a Bluetooth service request message suitable to discover a first subset of the responding devices in which the outdated version of the software is resident. For the arrangement depicted in FIG. 1, responses to such service request message are received by the terminal 31 only from the subset consisting of the devices 12, 13 and 14. The terminal may terminate the Bluetooth connection with the non-responding device 11 over the channel 37.
Prior art of record neither individually nor in combination teach:
determining a first subset of the configuration of the server system based on the first configuration tag, wherein the first subset comprises configuration commands of the configuration associated with first configuration tag mapped to the first tenant; and
executing the first subset of configuration commands associated with the first configuration tag, including executing the first configuration command to configure operation of the service for the first tenant according to the first configuration command.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KESHAB R PANDEY whose telephone number is (571)270-0176. The examiner can normally be reached Monday-Friday 9:00-5:00(ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jaweed Abbaszadeh can be reached at (571) 270-1640. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KESHAB R PANDEY/Primary Examiner, Art Unit 2176
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