Detailed Action
1. This Office Action is responsive to the Application 19/064,066 filed 02/26/2025. Claims 1-20 are presented for examination. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
2. Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 06/06/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
4. The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant's cooperation is requested in correcting any errors of which applicant may become aware in the specification.
5. The disclosure is objected to because of the following informalities:
On page 1, under section “Cross-Reference to Related Applications”, the cited copending application 18/098,072 should be updated with current statuses such as U.S. Patent No. and the issued date.
Appropriate correction is required.
Double Patenting
6. 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.
7. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Application No. 18/098,076, now US. Patent No. 12,199,833.
Instant application 19/064,066
U.S. Patent No. 12,199,833
Claim 1. A method comprising:
receiving, by a first software defined network (SDN) controller cluster, a first set of network attributes regarding a first set of network elements in a first virtual private cloud (VPC) that is configured by a second SDN controller cluster;
receiving, by the first SDN controller cluster, a second set of network attributes regarding a second set of network elements in a second VPC that is configured by a third SDN controller cluster;
defining, by the first SDN controller cluster based on the first and second sets of network attributes, a set of network policies to control forwarding of data messages between the first and second VPCs; and
distributing, by the first SDN controller cluster, at least a subset of the defined network policies to at least one of the first and second VPCs for enforcement on data messages exchanged between the first and second VPCs.
Claim 8. A system comprising:
a processor; and
a memory storing instructions that, when executed by the processor, cause the system to:
receive a first set of network attributes regarding a first set of network elements in a first virtual private cloud (VPC) that is configured by a second software defined network (SDN) controller cluster;
receive a second set of network attributes regarding a second set of network elements in a second VPC that is configured by a third SDN controller cluster;
define, based on the first and second sets of network attributes, a set of network policies to control forwarding of data messages between the first and second VPCs; and
distribute at least a subset of the defined network policies to at least one of the first and second VPCs for enforcement on data messages exchanged between the first and second VPCs.
Claim 15. A non-transitory computer-readable medium storing instructions that, when executed by a processor, cause the processor to:
receive a first set of network attributes regarding a first set of network elements in a first virtual private cloud (VPC) that is configured by a second software defined network (SDN) controller cluster;
receive a second set of network attributes regarding a second set of network elements in a second VPC that is configured by a third SDN controller cluster;
define, based on the first and second sets of network attributes, a set of network policies to control forwarding of data messages between the first and second VPCs; and
distribute at least a subset of the defined network policies to at least one of the first and second VPCs for enforcement on data messages exchanged between the first and second VPCs.
Claim 1. A method for using a first software defined networking (SDN) controller cluster as a network controller as a service (NCaaS) to define a particular set of network policies to enforce in a plurality of container clusters, the method comprising:
at the first SDN controller cluster that provides the network controller as a service:
receiving a first set of network attributes regarding a first set of network elements in a first container cluster that is configured by a second SDN controller cluster and does not have a controller cluster in the first container cluster for defining the particular set of network policies;
receiving a second set of network attributes regarding a second set of network elements in a second container cluster that is configured by a third SDN controller cluster and does not have a controller cluster in the second container cluster for defining the particular set of network policies; based on the first and second sets of network attributes, defining the particular set of network policies to control forwarding data messages between the first and second container clusters; and
distributing at least a subset of the defined network policies to the first container cluster in order for at least one of the first set of network elements at the first container cluster to enforce on data messages exchanged between the first and second container clusters.
Claim 1. A method for using a first software defined networking (SDN) controller cluster as a network controller as a service (NCaaS) to define a particular set of network policies to enforce in a plurality of container clusters, the method comprising:
at the first SDN controller cluster that provides the network controller as a service:
receiving a first set of network attributes regarding a first set of network elements in a first container cluster that is configured by a second SDN controller cluster and does not have a controller cluster in the first container cluster for defining the particular set of network policies;
receiving a second set of network attributes regarding a second set of network elements in a second container cluster that is configured by a third SDN controller cluster and does not have a controller cluster in the second container cluster for defining the particular set of network policies; based on the first and second sets of network attributes, defining the particular set of network policies to control forwarding data messages between the first and second container clusters; and
distributing at least a subset of the defined network policies to the first container cluster in order for at least one of the first set of network elements at the first container cluster to enforce on data messages exchanged between the first and second container clusters.
Claim 17. A non-transitory machine readable medium storing a program for execution by at least one processing unit for using a first software defined networking (SDN) controller cluster as a network controller as a service (NCaaS) to define a particular set of network policies to enforce in a plurality of container clusters, the program comprising sets of instructions for:
at the first SDN controller cluster that provides the network controller as a service:
receiving a first set of network attributes regarding a first set of network elements in a first container cluster that is configured by a second SDN controller cluster and does not have a controller cluster in the first container cluster for defining the particular set of network policies;
receiving a second set of network attributes regarding a second set of network elements in a second container cluster that is configured by a third SDN controller cluster and does not have a controller cluster in the second container cluster for defining the particular set of network policies;
based on the first and second sets of network attributes, defining the particular set of network policies to control forwarding data messages between the first and second container clusters; and
distributing at least a subset of the defined network policies to the first container cluster in order for at least one of the first set of network elements at the first container cluster to enforce on data messages exchanged between the first and second container clusters.
8. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1 and 17 of U.S. Patent No. 12,199,833 substantially contain limitations of claims 1,8 and 15 of the instant application, hence, the claims 1, 8 and 15 of the instant application is either anticipated by, or would have been obvious over the reference claim(s). Claims of the instant application therefore are not patently distinct from the earlier patent claims and as such are unpatentable over obvious-type double patenting. A later application claim is not patently distinct from an earlier claim if the later claim is anticipated by the earlier claim.
Claims 2-7, 9-14 and 16-20 depend on rejected claims 1, 8 and 15, hence they are also rejected under the same rationale.
“A later patent claim is not patentably distinct from an earlier patent claim if the later claim obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus)”. ELI LILLY AND COMPANY vs. BARR LABORATORIES INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
9. The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Gupta et al. (US 2023/0379191 A1) discloses a system comprising a SDN controller, an on-host controller, and programmable packet switcher are communicatively coupled within a first network, the first network is a virtual private cloud (VPC).
Mariappan et al. (US 11,444,836) discloses Multiple Clusters Managed By Software-Defined Network (SDN) Controller.
10. A shortened statutory period for reply to this action is set to expire THREE (3) months from the mailing date of this communication. See 37 CFR 1.134.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QUANG N NGUYEN whose telephone number is (571) 272-3886.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s SPE, KAMAL B. DIVECHA, can be reached at (571) 272-5863. The fax phone number for the organization is (571) 273-8300.
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/QUANG N NGUYEN/Primary Examiner, Art Unit 2453
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