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 .
This action is in response to amendment filed on July 30, 2026.
Claims 1-20 are presented for examination.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 claim 1 of the parent U.S. Patent No. 12,250,265 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant independent claims 1, 8, and 15 recite similar steps such as: receiving a current server load notification; determining current load exceeds threshold; send a new server setup notification; receive a new server notification; and divert future client requests. The instant independent claims recites a broader limitation of removing steps of content server continues to server the content data set to previous client request from the geographical region that were received prior to the period.
Instant Application
Parent 12,250,265 B2
1. A system comprising:
a processor; and
a memory storing computer-executable instructions that, upon execution by the processor, cause the processor to:
receive, by a domain name server (DNS), a current server load notification indicating a current load of a content server, the content server assigned to serve a content dataset in a geographical region;
determine, by the DNS, that the current load of the content server exceeds a server load threshold based on the current server load notification;
send, by the DNS, a new server setup notification to the content server in response to determining that the current load of the content server exceeds the server load threshold,
the new server setup notification prompting the content server to perform a content service handover of the content dataset to an ad hoc server;
receive, by the DNS, a new server notification from the content server, the new server notification indicating that the ad hoc server is ready to serve the content dataset; and
divert, by the DNS, future client requests for the content dataset originating from the geographical region to the ad hoc server.
1. A system comprising:
a processor; and
a memory comprising computer program code, the memory and the computer program code configured to cause the processor to:
provide, by a content server configured to serve a content dataset in a geographical region, a current server load notification to a domain name server (DNS) indicating that a current load of the content server exceeds a server load threshold;
receive, by the content server, a new server setup notification based at least in part on the current server load notification;
identify, by the content server in response to receiving the new server setup notification, an ad hoc server located in proximity to the geographic region to provide overflow capacity for the content server;
perform, by the content server, a content service handover of the content dataset to the ad hoc server; and
provide, by the content server, a new server notification to the DNS indicating that the ad hoc server is ready to serve the content dataset,
wherein the new server notification prompts the DNS to divert future client requests for the content dataset originating from the geographical region to the ad hoc server during a period that the current load of the content server exceeds the server load threshold, and
wherein the content server continues to serve the content dataset to previous client request from the geographical region that were received prior to the period.
Response to Arguments
Applicant’s arguments, see Remarks on page 7, filed July 30, 2026, with respect to 35 U.S.C. 103 have been fully considered and are persuasive. The 103 rejections of claims 1, 3-8, 10-15, 17-20 has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALAN S CHOU whose telephone number is (571)272-5779. The examiner can normally be reached Monday-Friday 9:00-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Chris L Parry can be reached at (571)272-8328. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALAN S CHOU/Primary Examiner, Art Unit 2451
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