DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 19/058,977 on 02/20/2025. Claims 1-20 are pending; claims 1-20 are rejected.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/27/2025, 06/27/2025, 10/01/2025, 01/08/2026, and 06/03/2026 were filed before the mailing date of the non-final office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,267,300 B2 (hereinafter P300). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P300
A network system comprising:
A network system comprising:
processing circuitry;
processing circuitry;
one or more memories coupled to the processing circuitry and configured to store instructions which, when executed by the processing circuitry, cause the network system to:
one or more memories coupled to the processing circuitry and configured to store instructions which, when executed by the processing circuitry, cause the network system to:
obtain telemetry data, the telemetry data being associated with a plurality of applications running on a plurality of hosts;
obtain telemetry data, the telemetry data being associated with a plurality of applications running on a plurality of hosts;
predict, based on the telemetry data, a subset of applications of the plurality of applications to run on a first host of the plurality of hosts;
based on the telemetry data, determine which applications of the plurality of applications run on a first host of the plurality of hosts, the determined applications comprising a subset of applications of the plurality of applications;
determine a subset of firewall policies of a plurality of firewall polices, each of the subset of firewall policies applying to at least one respective application of the subset of applications;
determine which firewall policies of a plurality of firewall polices apply to the subset of applications, the determined firewall policies comprising a subset of firewall policies of the plurality of firewall policies, each of the subset of firewall policies applying to at least one respective application of the subset of applications;
generate an indication of the subset of firewall policies; and
generate an indication identifying the subset of firewall policies; and
send the indication to a management plane of a distributed firewall.
send the indication to a management plane of a distributed firewall.
Claims 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P300 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Allowable Subject Matter
Claims 1-20 allowable over prior art references on record.
Note: the ODP rejection needs to be overcome in order to allow the case.
The following is a statement of reasons for the indication of allowable subject matter: the prior art references on record do not disclose “predict, based on the telemetry data, a subset of applications of the plurality of applications to run on a first host of the plurality of hosts; determine a subset of firewall policies of a plurality of firewall polices, each of the subset of firewall policies applying to at least one respective application of the subset of applications; generate an indication of the subset of firewall policies; and send the indication to a management plane of a distributed firewall.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUOLEI ZONG whose telephone number is (571)270-7522. The examiner can normally be reached Monday-Friday 8:30AM-4:30PM IFP.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing F Chan can be reached at (571)272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 6/11/2026
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