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 IDS filed 4/9/2025 has been considered.
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. 11882086. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the patent. The difference is the wording. For example, the present claims recite organization and clients, rather than tenant and tenant sets. This is an obvious variation; therefore, the claims are not patentably distinct. Before the effective filing date of the invention, one of ordinary skill would have changed wording of claims to further expand patent protection.
Present Application
U.S. Patent No. 11882086
1. A method, comprising: allocating, by a processing device, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
2. The method of claim 1, wherein the messaging resource quota is represented by a messaging rate.
3. The method of claim 1, wherein each queue of the subset of queues is associated with a respective sender of the first client.
4. The method of claim 1, wherein the score assigned to each queue is further based on a number of senders of a respective client.
5. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
6. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
7. The method of claim 1, further comprising: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client.
8. A system, comprising: a memory; and a processing device, coupled to the memory, the processing device configured to perform operations, comprising: allocating, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
9. The system of claim 8, wherein the messaging resource quota is represented by a messaging rate.
10. The system of claim 8, wherein each queue of the subset of queues is associated with a respective sender of the first client.
11. The system of claim 8, wherein the score assigned to each queue is further based on a number of senders of a respective client.
12. The system of claim 8, wherein the operations further comprise: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
13. The system of claim 8, wherein the operations further comprise: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
14. The system of claim 8, wherein the operations further comprise: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client.
15. A non-transitory computer-readable storage medium comprising executable instructions that, responsive to execution by a processing device, cause the processing device to perform operations, comprising: allocating, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
16. The non-transitory computer-readable storage medium of claim 15, wherein the messaging resource quota is represented by a messaging rate.
17. The non-transitory computer-readable storage medium of claim 15, wherein each queue of the subset of queues is associated with a respective sender of the first client.
18. The non-transitory computer-readable storage medium of claim 15, wherein the score assigned to each queue is further based on a number of senders of a respective client.
19. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
20. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
1. A method, comprising: receiving, by a processing device, from a first tenant associated with a first tenant set of a plurality of tenant sets, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of tenant sets, a subset of queues associated with the first tenant; queuing the first message into a first queue of the subset of queues associated with the first tenant; assigning, to each queue of the plurality of queues, a score reflecting a respective tenant portion of a messaging resource quota associated with the specified destination; retrieving a second message from a queue associated with a highest score; forwarding the second message to a messaging gateway associated with the specified destination; and dynamically re-scoring the subset of queues associated with the first tenant responsive to detecting a new sender becoming associated with the first tenant.
2. The method of claim 1, further comprising: allocating, by the processing device, to each tenant set of the plurality of tenant sets, a respective tenant set portion of the messaging resource quota associated with the specified destination.
3. The method of claim 1, wherein the messaging resource quota is represented by a messaging rate.
4. The method of claim 1, wherein each queue of the subset of queues is associated with a respective sender of the first tenant.
5. The method of claim 1, wherein the score assigned to each queue is further based on a number of senders of a respective tenant.
6. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
7. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues responsive to detecting a new tenant joining the first tenant set.
8. The method of claim 1, further comprising: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first tenant.
9. A system, comprising: a memory; and a processing device, coupled to the memory, the processing device configured to: receive, from a first tenant associated with a first tenant set of a plurality of tenant sets, a request to forward a first message to a recipient within a specified destination; identify, among a plurality of queues associated with the plurality of tenant sets, a subset of queues associated with the first tenant; queue the first message into a first queue of the subset of queues associated with the first tenant; assign, to each queue of the plurality of queues, a score reflecting a respective tenant portion of a messaging resource quota associated with the specified destination; retrieve a second message from a queue associated with a highest score; forward the second message to a messaging gateway associated with the specified destination; and dynamically re-score the subset of queues associated with the first tenant responsive to detecting a new sender becoming associated with the first tenant.
10. The system of claim 9, wherein the messaging resource quota is represented by a messaging rate.
11. The system of claim 9, wherein each queue of the subset of queues is associated with a respective sender of the first tenant.
12. The system of claim 9, wherein the score assigned to each queue is further based on a number senders of a respective tenant.
13. The system of claim 9, wherein the processing device is further configured to: dynamically re-score the plurality of queues upon detecting a new tenant joining the first tenant set.
14. The system of claim 9, wherein the processing device is further configured to: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, fail a subsequent message request initiated by the first tenant.
15. A non-transitory computer-readable storage medium comprising executable instructions that, responsive to execution by a processing device, cause the processing device to perform operations comprising: receiving from a first tenant associated with a first tenant set of a plurality of tenant sets, a request to forward a first message to a recipient within a specified destination; identifying, among a plurality of queues associated with the plurality of tenant sets, a subset of queues associated with the first tenant; queuing the first message into a first queue of the subset of queues associated with the first tenant; assigning, to each queue of the plurality of queues, a score reflecting a respective tenant portion of a messaging resource quota associated with the specified destination; retrieving a second message from a queue associated with a highest score; forwarding the second message to a messaging gateway associated with the specified destination; and dynamically re-scoring the subset of queues associated with the first tenant responsive to detecting a new sender becoming associated with the first tenant.
16. The non-transitory computer-readable storage medium of claim 15, wherein the messaging resource quota is represented by a messaging rate.
17. The non-transitory computer-readable storage medium of claim 15, wherein each queue of the subset of queues is associated with a respective sender of the first tenant.
18. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: dynamically re-scoring the plurality of queues upon detecting a new tenant joining the first tenant set.
19. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, fail a subsequent message request initiated by the first tenant.
20. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: allocating to each tenant set of the plurality of tenant sets, a respective tenant set portion of the messaging resource quota associated with the specified destination.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12289278. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims are anticipated by the patent. The only difference is the wording. For example, the present claims recite client, whereas the patent recites organization. This is an obvious variation; therefore, the claims are not patentably distinct. Before the effective date of the invention, one of ordinary skill in the art would have changed the wording of the claims to further expand patent protection.
Present Application
U.S. Patent No. 12289278
1. A method, comprising: allocating, by a processing device, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
2. The method of claim 1, wherein the messaging resource quota is represented by a messaging rate.
3. The method of claim 1, wherein each queue of the subset of queues is associated with a respective sender of the first client.
4. The method of claim 1, wherein the score assigned to each queue is further based on a number of senders of a respective client.
5. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
6. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
7. The method of claim 1, further comprising: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client.
8. A system, comprising: a memory; and a processing device, coupled to the memory, the processing device configured to perform operations, comprising: allocating, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
9. The system of claim 8, wherein the messaging resource quota is represented by a messaging rate.
10. The system of claim 8, wherein each queue of the subset of queues is associated with a respective sender of the first client.
11. The system of claim 8, wherein the score assigned to each queue is further based on a number of senders of a respective client.
12. The system of claim 8, wherein the operations further comprise: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
13. The system of claim 8, wherein the operations further comprise: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
14. The system of claim 8, wherein the operations further comprise: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client.
15. A non-transitory computer-readable storage medium comprising executable instructions that, responsive to execution by a processing device, cause the processing device to perform operations, comprising: allocating, to each client of a plurality of client, a respective portion of a messaging resource quota; receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
16. The non-transitory computer-readable storage medium of claim 15, wherein the messaging resource quota is represented by a messaging rate.
17. The non-transitory computer-readable storage medium of claim 15, wherein each queue of the subset of queues is associated with a respective sender of the first client.
18. The non-transitory computer-readable storage medium of claim 15, wherein the score assigned to each queue is further based on a number of senders of a respective client.
19. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
20. The non-transitory computer-readable storage medium of claim 15, wherein the operations further comprise: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
1. A method, comprising: allocating, by a processing device, to each organization of a plurality of organizations, a respective portion of a messaging resource quota, wherein a first portion of the messaging resource quota is allocated to a first organization of the plurality of organizations; receiving, from a first client associated with the first organization, a request to forward a first message to a specified destination; identifying, among a plurality of queues associated with the plurality of organizations, a subset of queues associated with the first client; queuing the first message into a first queue of the subset of queues associated with the first client; assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the first portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forwarding the plurality of messages to their respective destinations.
2. The method of claim 1, wherein the messaging resource quota is represented by a messaging rate.
3. The method of claim 1, wherein each queue of the subset of queues is associated with a respective sender of the first client.
4. The method of claim 1, wherein the score assigned to each queue is further based on a number of senders of a respective client.
5. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
6. The method of claim 1, further comprising: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
7. The method of claim 1, further comprising: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client.
8. A system, comprising: a memory; and a processing device, coupled to the memory, the processing device configured to: allocate, to each organization of a plurality of organizations, a respective portion of a messaging resource quota, wherein a first portion of the messaging resource quota is allocated to a first organization of the plurality of organizations; receive, from a first client associated with the first organization, a request to forward a first message to a specified destination; identify, among a plurality of queues associated with the plurality of organizations, a subset of queues associated with the first client; queue the first message into a first queue of the subset of queues associated with the first client; assign, to each queue of the plurality of queues, a score reflecting a respective client portion of the first portion of the messaging resource quota; retrieve a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forward the plurality of messages to their respective destinations.
9. The system of claim 8, wherein the messaging resource quota is represented by a messaging rate.
10. The system of claim 8, wherein each queue of the subset of queues is associated with a respective sender of the first client.
11. The system of claim 8, wherein the score assigned to each queue is further based on a number of senders of a respective client.
12. The system of claim 8, wherein the processing device is further configured to: dynamically re-score the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
13. The system of claim 8, wherein the processing device is further configured to: dynamically re-score the plurality of queues responsive to detecting a new client joining the first organization.
14. The system of claim 8, wherein the processing device is further configured to: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, fail a subsequent message request initiated by the first client.
15. A non-transitory computer-readable storage medium comprising executable instructions that, responsive to execution by a processing device, cause the processing device to: allocate, to each organization of a plurality of organizations, a respective portion of a messaging resource quota, wherein a first portion of the messaging resource quota is allocated to a first organization of the plurality of organizations; receive, from a first client associated with the first organization, a request to forward a first message to a specified destination; identify, among a plurality of queues associated with the plurality of organizations, a subset of queues associated with the first client; queue the first message into a first queue of the subset of queues associated with the first client; assign, to each queue of the plurality of queues, a score reflecting a respective client portion of the first portion of the messaging resource quota; retrieve a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and forward the plurality of messages to their respective destinations.
16. The non-transitory computer-readable storage medium of claim 15, wherein the messaging resource quota is represented by a messaging rate.
17. The non-transitory computer-readable storage medium of claim 15, wherein each queue of the subset of queues is associated with a respective sender of the first client.
18. The non-transitory computer-readable storage medium of claim 15, wherein the score assigned to each queue is further based on a number of senders of a respective client.
19. The non-transitory computer-readable storage medium of claim 15, further comprising executable instructions that, responsive to execution by the processing device, cause the processing device to: dynamically re-score the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues.
20. The non-transitory computer-readable storage medium of claim 15, further comprising executable instructions that, responsive to execution by the processing device, cause the processing device to: dynamically re-score the plurality of queues responsive to detecting a new client joining the first organization.
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 6, 13, and 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 6, 13 and 20 recite the limitation "the organization" in the claims. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-5, 7-12 and 14-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gourevitch et al. (US 20150067069, hereinafter referred to as “Gourevitch”) in view of Krebs et al., (US 20140358620, hereinafter referred to as “Krebs”).
Regarding claim 1, Gourevitch teaches a method, comprising:
allocating, by a processing device, to each client of a plurality of client ([0021] The MTA 102 may receive a message, such as an email, belonging to a tenant 104. A tenant may include an organization that is a customer or a subscriber of a service.), a respective portion of a messaging resource quota ([0022] The inbound queue 108 and the outbound queue 112 may have a quota associated with the tenant to manage the email. The email may also be evaluated based on the queue quota associated with one or more users of the tenant.);
receiving, from a first client of the plurality of clients, a request to forward a first message to a specified destination ([0021] The MTA 102 may receive a message, such as an email, belonging to a tenant 104. A tenant may include an organization that is a customer or a subscriber of a service. The service may include email processing and similar ones. The email may be received by a simple mail transfer protocol (SMTP) receiver 106 component. The SMTP receiver 106 may receive the email and place the email in an inbound queue 108. The inbound queue 108 may also be identified as a submission queue. The inbound queue 108 may store the email until availability in email processor 110.);
identifying, among a plurality of queues associated with the plurality of clients, a subset of queues associated with the first client ([0034] The MTA may manage an inbound email belonging to a tenant 302 through a queue quota 306 in an inbound queue 304. Similarly, an outbound email to tenant 312 may be managed through a queue quota 306 in an outbound queue 314. The queue quota 306 may be a quota value for all queues hosted by a server executing the MTA.);
queuing the first message into a first queue of the subset of queues associated with the first client ([0022] the email may be placed into the outbound queue 112 to avoid network communication traffic associated with exceeding an available bandwidth resource of the network. The outbound queue 112 (also known as a delivery queue) may store the email until the SMTP sender 116 transmits the email to a next hop to the recipient 114. The inbound queue 108 and the outbound queue 112 may have a quota associated with the tenant to manage the email. The email may also be evaluated based on the queue quota associated with one or more users of the tenant. Furthermore, the SMTP sender 116 may transmit the email to a next hop to the recipient 114.).
However, Gourevitch does not explicitly teach assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota; retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues; and
forwarding the plurality of messages to their respective destinations.
In an analogous art, Krebs teaches
assigning, to each queue of the plurality of queues, a score reflecting a respective client portion of the messaging resource quota (abstract - determining a plurality of weights, each weight being associated with a respective tenant in a set of tenants, each weight being dynamically adjusted based on a quota associated with the respective tenant for each iteration of a plurality of iterations within a period);
retrieving a plurality of messages from the plurality of queues in order of respective scores associated with each queue of the plurality of queues (abstract - selecting a tenant from the set of tenants based on the plurality of weights to provide a selected tenant); and
forwarding the plurality of messages to their respective destinations (abstract - transmitting a request from a request queue associated with the selected tenant for processing by a shared resource.).
Before the effective filing date of the invention, one of ordinary skill in the art would have been motivated to incorporate the teaching of Krebs in order to determine priority weight of each message based on the client so that the messages are processed fairly.
Regarding claim 2, Gourevitch teaches the method of claim 1, wherein the messaging resource quota is represented by a messaging rate ([0022] quota is based on available bandwidth).
Regarding claim 3, Gourevitch teaches the method of claim 1, wherein each queue of the subset of queues is associated with a respective sender of the first client ([0022] The inbound queue 108 and the outbound queue 112 may have a quota associated with the tenant to manage the email. The email may also be evaluated based on the queue quota associated with one or more users of the tenant.).
Regarding claim 4, Gourevitch teaches the method of claim 1, wherein the score assigned to each queue is further based on a number of senders of a respective client ([0026] number of tenants using thread).
Regarding claim 5, Gourevitch teaches the method of claim 1, further comprising: dynamically re-scoring the plurality of queues upon retrieving a pre-defined number of messages from the plurality of queues ([0026] The Available threads may be adjusted dynamically based on a number of tenants using threads available through processor 210.).
Regarding claim 7, Gourevitch teaches the method of claim 1, further comprising: responsive to determining that a value of a performance metric associated with the first queue exceeds a predefined threshold value, failing a subsequent message request initiated by the first client ([0035] subsequent message is rejected if exceed threshold).
Claims 8-12 and 14 are similar to claims 1-5 and 7, respectively, but in system form, therefore are rejected under the same rationale.
Claims 15-19 are similar to claims 1-5, respectively, but in non-transitory computer readable storage medium form, therefore are rejected under the same rationale.
Allowable Subject Matter
Claims 6, 13 and 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims, AND if a terminal disclaimer is filed to overcome the double patenting rejection set forth above.
Regarding claim 6, the prior art of record does not teach the method of claim 1, further comprising: dynamically re-scoring the plurality of queues responsive to detecting a new client joining the first organization.
Claims 13 and 20 are objected for the same reasoning as claim 6.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
1. Johnson et al., US 20210152494 - allocating and queuing priorities to provide fairness among tenants in SAAS environment.
2. Shrivastava, US 20190386930 - message queuing with tenant quotas.
3. Tiwary et al., US 20190379612 - calculating scores in queues.
4. Zhang et al., US 11528232 - rate limiting queues.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALINA N BOUTAH whose telephone number is (571)272-3908. The examiner can normally be reached M-F 7:00 AM - 3:00 PM.
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ALINA BOUTAH
Primary Examiner
Art Unit 2458
/ALINA A BOUTAH/ Primary Examiner, Art Unit 2458
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