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 .
Terminal Disclaimer
The terminal disclaimer filed on 1 June 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of US 12284117 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Information Disclosure Statement
The information disclosure statement filed 18 March 2025 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
The information disclosure statement(s) (IDS) submitted on 30 March 2025 was filed before the mailing of the instant action on the merits. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the Examiner.
Claim Interpretation
Claims 1-20 recite “wherein sending the traffic flow to the particular assisted replication network device permits the particular assisted replication network device to multicast the traffic flow” (as assumed immediately above). In accordance with a broadest reasonable interpretation as required by MPEP § 2111, this limitation is found to only suggest or make optional but does not require any step(s) to be performed (i.e. merely “permitting the particular assisted replication network device to multicast the traffic flow” to occur only suggests or makes optional the “multicast[ing]” of the “traffic flow” such that it be positively recited as a step/function as required in the claim). Therefore, it does not constitute a limitation to the claimed invention that structurally and/or functionally differentiates the claimed invention. See MPEP §§ 2111.04 ("Claim scope is not limited by claim language that suggests or makes optional but does not require steps to be performed, or by claim language that does not limit a claim to a particular structure"), 2143.03 ("Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation.")
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 15-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1-7 and 15-20 recite “wherein sending the traffic flow to the particular assisted replication network device permits the particular assisted replication network device to multicast a traffic flow”. It is unclear whether this later recitation of “a traffic flow” is the same or different from the “traffic flow” previously recited. Since claims 8-14 recite “wherein sending the traffic flow to the particular assisted replication network device permits the particular assisted replication network device to multicast the traffic flow”, Examiner will assume that they are the same as such would make the claims commensurate in scope.
Claim 7 recites “the traffic flow that is to be multicast by the particular assisted replication network device”. There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
After further search and consideration, claims 1-20 are allowed in view of Applicant’s arguments of record, the cited prior art of record and the prosecution history of the instant application including the reasons for allowance previously indicated in the parent case of the instant application. See also 37 CFR § 1.104(e) and MPEP § 1302.14.
This indication of allowable subject matter is contingent upon the anticipated resolution of the remaining issues detailed in this action.
In the event that any amendment made to the claims changes the scope of the indicated allowable subject matter, further reconsideration of whether the claims continue to distinguish from the prior art and/or are subject to further rejection under applicable statutes may be deemed necessary.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR § 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to G. C. Neurauter, Jr. whose telephone number is (571)272-3918. The examiner can normally be reached Monday-Friday 9am-5pm Eastern Time.
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, Tonia Dollinger, can be reached at 571-272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G. C. Neurauter, Jr./Primary Examiner, Art Unit 2459
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