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 .
Priority
This application is a continuation case of prior applications; such as, US Appl No.: 18/625948, now USP 12294567; of US Appl. 17/960713, US 11979380; of US Appl. 17/959220, US 11652800 etc.
Claims 1-20 filed on 04/04/2025 are presented for examination.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 non-statutory 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.
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Claims 1-20 are rejected on the ground of non-statutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12206648 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite broader versions of the patented claims.
Please claim-comparison (of the independent claims) table, below:
Instant Application
U.S. Patent No. 12206648 B2
8. A method in a virtual private network (VPN), the method comprising:
utilizing, by a VPN server, a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determining, by the VPN server based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspending, by the VPN server based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilizing, by the VPN server, a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
1. A method in a virtual private network (VPN), the method comprising:
receiving, at a VPN server, a first data request for the VPN server to retrieve first data of interest from a first host device; selecting, by the VPN server, a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
transmitting, by the VPN server to the first host device based at least in part on selecting the first exit IP address, the first query for retrieving the first data of interest from the first host device;
determining, by the VPN server based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
suspending, by the VPN server based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device;
selecting, by the VPN server, the first exit IP address to transmit a second query for retrieving second data of interest from a second host device; and
transmitting, by the VPN server to the second host device based at least in part on selecting the first exit IP address, the second query for retrieving the second data of interest from the second host device.
1. A virtual private network (VPN) server, comprising:
a memory; and a processor communicatively coupled to the memory, the memory and the processor being configured to:
utilize a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determine, based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspend, based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilize a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
8. A virtual private network (VPN) server, comprising:
a memory; and a processor communicatively coupled to the memory, the memory and the processor being configured to:
receive a first data request for the VPN server to retrieve first data of interest from a first host device; select a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
transmit, to the first host device based at least in part on selecting the first exit IP address, the first query for retrieving the first data of interest from the first host device;
determine, based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
suspend, based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device;
select the first exit IP address to transmit a second query for retrieving second data of interest from a second host device; and
transmit, to the second host device based at least in part on selecting the first exit IP address, the second query for retrieving the second data of interest from the second host device.
15. A non-transitory computer-readable medium configured to store instructions, which when executed by a processor associated with a virtual private network (VPN) server, configure the processor to:
utilize a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determine, based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspend, based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilize a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
15. A non-transitory computer-readable medium configured to store instructions, which when executed by a processor associated with a virtual private network (VPN) server, configure the processor to:
receive a first data request for the VPN server to retrieve first data of interest from a first host device;
select a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
transmit, to the first host device based at least in part on selecting the first exit IP address, the first query for retrieving the first data of interest from the first host device;
determine, based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
suspend, based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device;
select the first exit IP address to transmit a second query for retrieving second data of interest from a second host device; and
transmit, to the second host device based at least in part on selecting the first exit IP address, the second query for retrieving the second data of interest from the second host device.
Claim 1-20 are provisionally rejected on the ground of non-statutory double patenting as being unpatentable over claim 1-20 of co-pending Application No. 18/977,846 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application recite broader versions of the patented claims.
Please claim-comparison (of the independent claims) table, below:
Instant Application
Appl No. 18/977,846
8. A method in a virtual private network (VPN), the method comprising:
utilizing, by a VPN server, a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determining, by the VPN server based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspending, by the VPN server based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilizing, by the VPN server, a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
1. A method in a virtual private network (VPN), the method comprising:
configuring a VPN server to receive a first data request for the VPN server to retrieve first data of interest from a first host device;
configuring the VPN server to utilize a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
configuring the VPN server to determine, based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
configuring the VPN server to suspend, based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device; and
configuring the VPN server to utilize the first exit IP address to transmit a second query for retrieving second data of interest from a second host device.
1. A virtual private network (VPN) server, comprising:
a memory; and a processor communicatively coupled to the memory, the memory and the processor being configured to:
utilize a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determine, based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspend, based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilize a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
8. An infrastructure device, comprising: a memory; and a processor communicatively coupled to the memory, the memory and the processor being configured to:
configure a virtual private network (VPN) server to receive a first data request for the VPN server to retrieve first data of interest from a first host device;
configure the VPN server to utilize a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
configure the VPN server to determine, based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
configure the VPN server to suspend, based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device; and
configure the VPN server to utilize the first exit IP address to transmit a second query for retrieving second data of interest from a second host device.
15. A non-transitory computer-readable medium configured to store instructions, which when executed by a processor associated with a virtual private network (VPN) server, configure the processor to:
utilize a first exit internet protocol (IP) address to transmit a first query to a host device for requesting data of interest requested by a user device;
determine, based at least in part on transmitting the first query, that the host device has blocked the first exit IP address;
suspend, based at least in part on determining that the host device has blocked the first exit IP address, utilization of the first exit IP address with respect to retrieving the data of interest from the host device; and
utilize a second exit IP address, different from the first exit IP address, to transmit a second query to the host device for requesting the data of interest requested by the user device.
15. A non-transitory computer-readable medium configured to store instructions, which when executed by a processor associated with an infrastructure device, configure the processor to:
configure a virtual private network (VPN) server to receive a first data request for the VPN server to retrieve first data of interest from a first host device;
configure the VPN server to utilize a first exit internet protocol (IP) address to transmit a first query for retrieving the first data of interest from the first host device;
configure the VPN server to determine, based at least in part on transmitting the first query, that the first exit IP address is blocked by the first host device;
configure the VPN server to suspend, based at least in part on determining that the first exit IP address is blocked by the first host device, utilization of the first exit IP address for retrieving the first data of interest from the first host device; and
configure the VPN server to utilize the first exit IP address to transmit a second query for retrieving second data of interest from a second host device.
This is a provisional non-statutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Allowable Subject Matter
Claims 1-20 are would be allowed if the above non-statutory double patenting is overcome; i.e., when terminal disclaimer is filed.
The following is a statement of reasons for the indication of allowable subject matter: With examiner’s thorough search, the closest prior arts found are US 2021/0392112 A1, which is directed to Systems and methods for effectively managing security and privacy measures during a user's connectivity session with a VPN service are provided. The systems and methods use a computer program that introduces a double-NAT feature at the network layer and a temporary hash table containing the minimally necessary temporary data to link two NAT sessions together in a secure manner. The systems and methods avoid including the dynamic management of IP addresses or requiring each client to have an IP address assigned beforehand to avoid compromising the user's identity by hard linking the session traces with the client.
And, US 10798132 B2, which is directed to receiving, from a user equipment on the network, information including a source IP address and a destination IP address. The method also includes a step of selecting a first VPN server from a VPN service provider based upon a traffic-type of the user equipment. The method also includes a step of creating, via a graphical user interface, a policy to prevent cyber-attacks such that traffic associated with the information of the user equipment is routed to the first VPN server. The method further includes a step of sending the traffic of the user equipment to the VPN server. The method even further includes a step of provisioning the first VPN server to last a predetermined amount of time base on the created policy. The method yet even further includes a step of coordinating the created policy with a router on the network, with the traffic being sent to the first VPN server via the router. The method yet even further includes a step of sending, after a predetermined condition is met, a request to the VPN service provider to transmit a second VPN server, where the first VPN server terminates when the predetermined condition is met.
As shown above, this case is continuation of patented prior applications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. (Seep PTO—892).
For example, US 2016/0050182 A1 is directed to Diverting Traffic For Forensics.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMARE F TABOR whose telephone number is (571) 270-3155. The examiner can normally be reached Mon.—Fri.: 8:00 AM to 5:00 PM.
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/AMARE F TABOR/Primary Examiner, Art Unit 2434
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