Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Claims 1-20 have been examined.
Allowable Subject Matter
Claims 1-20 would be allowable if overcome the double patenting rejections.
Double Patenting
A rejection based on double patenting of the "same invention" type finds its support in the language of 35 U.S.C. 101 which states that "whoever invents or discovers any new and useful process ... may obtain a patent therefor ..." (Emphasis added). Thus, the term "same invention," in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957); and In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970). A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the conflicting claims so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101. 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 obviousness-type 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); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
"A later patent claim is not patentably distinct from an earlier patent claim if the later claim is 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 of 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 v BARR LABORATORIES, INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
"Claim 12 and Claim 13 are generic to the species of invention covered by claim 3 of the patent. Thus, the generic invention is "anticipated" by the species of the patented invention. Cf., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (holding that an earlier species disclosure in the prior art defeats any generic claim) 4. This court's predecessor has held that, without a terminal disclaimer, the species claims preclude issuance of the generic application. In re Van Ornum, 686 F.2d 937, 944, 214 USPQ 761, 767 (CCPA 1982); Accordingly, absent a terminal disclaimer, claims 12 and 13 were properly rejected under the doctrine of obviousness-type double patenting." (In re Goodman (CA FC) 29 USPQ2d 2010 (12/3/1993).
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 a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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
http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Instant application
1. A method comprising:
receiving a DNS query from a client computing device at a DNS server component, wherein the DNS query corresponds to a Web page;
determining, at the DNS server component, pre-processing information from the DNS query, wherein the pre-processing information includes identification of instructions to reset a time to live associated with a communications channel over which an embedded resource of the Web page is to be provided;
resolving the DNS query by selecting a cache server component for providing the Web page to the client computing device and transmitting information identifying the selected cache server component to the client computing device, wherein the DNS server component and the cache server component are different; and
implementing, at the DNS server component, the pre-processing information by identifying and providing the instructions to the cache server component in advance of a subsequent request from the client computing device for the embedded resource.
Patent 12273428
1. A method comprising:
receiving a DNS query from a client computing device at a DNS server component, wherein the DNS query corresponds to a Web page associated with a resource identifier;
determining, at the DNS server component, pre-processing information from the DNS query, wherein the pre-processing information includes identification of instructions to commence converting an embedded resource of the Web page into an appropriate format;
resolving the DNS query by selecting a cache server component for providing the Web page to the client computing device and transmitting information identifying the selected cache server component to the client computing device, wherein the DNS server component and the cache server component are different; and
implementing, at the DNS server component, the pre-processing information by identifying the instructions and providing the instructions to the cache server component in advance of a subsequent request from the client computing device for the embedded resource.
6. The method as recited in claim 1, wherein the pre-processing information includes instructions to reset a time to live associated with a communications channel.
Patent 12034824
1. A method comprising:
receiving a DNS query from a client computing device at a DNS server component, wherein the DNS query corresponds to a Web page associated with a resource identifier;
determining, at the DNS server component, pre-processing information from the DNS query, wherein the pre-processing information includes identification of an embedded resource of the Web page and instructions to reset a time to live associated with a communications channel;
resolving the DNS query by selecting a cache server component for providing the Web page to the client computing device and transmitting information identifying the selected cache server component to the client computing device, wherein the DNS server component and the cache server component are different; and
implementing, at the DNS server component, the pre-processing information by identifying the embedded resource and the instructions and providing, to the cache server component in advance of a subsequent request from the client computing device for the embedded resource, the pre-processing information.
Patent 11729294
1. A method comprising:
receiving a DNS query from a client computing device at a DNS server component, wherein the DNS query corresponds to a Web page associated with a resource identifier; parsing, at the DNS server component, pre-processing information from the DNS query, wherein the pre-processing information includes identification of an embedded resource of the Web page and identification of an action to be taken with respect to the embedded resource in advance of a subsequent request from the client computing device for the embedded resource;
resolving the DNS query by selecting a cache server component for providing the Web page to the client computing device and transmitting information identifying the selected cache server component to the client computing device, wherein the DNS server component and the cache server component are different; and
implementing, at the DNS server component, the pre-processing information by identifying the embedded resource, determining the action to be taken with respect to the identified embedded resource, and providing, to the cache server component in advance of the subsequent request from the client computing device for the embedded resource, the pre-processing information.
4. (Original) The method as recited in Claim 1, wherein the action comprises instructions to reset a time to live associated with a communications channel.
Claim 1 is non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 6 of U.S. Patent 12273428 in view of Challenger et al, US2005/0240574. Claims 1 and 6 of U.S. Patent 12273428 do not claim a communications channel over which an embedded resource of the Web page is to be provided.
Challenger teaches a communications channel over which an embedded resource of the Web page is to be provided ([19][23[26]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include Challenger’s teaching because by doing so it would allow embedded resource of the web page to be pre-fetched, thus decreasing the latency of requested resources [19].
Except for the identified elements above, claims 1 and 6 of U.S. Patent 12273428 contains every elements of claim 1 in the instant application and thus anticipate the claims of the instant application. Claim of the instant application therefore are not patently distinct from the earlier claim and as such are unpatentable over non-provisional obvious-type double patenting.
Claim 1 is non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 U.S. Patent 12034824 in view of Challenger et al, US2005/0240574. Claim 1 of U.S. Patent 12034824 does not claim a communications channel over which an embedded resource of the Web page is to be provided.
Challenger teaches a communications channel over which an embedded resource of the Web page is to be provided ([19][23[26]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include Challenger’s teaching because by doing so it would allow embedded resource of the web page to be pre-fetched, thus decreasing the latency of requested resources [19].
Except for the identified elements above, claim 1 of U.S. Patent 12034824 contains every elements of claim 1 in the instant application and thus anticipate the claims of the instant application. Claim of the instant application therefore are not patently distinct from the earlier claim and as such are unpatentable over non-provisional obvious-type double patenting.
Claim 1 is non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 4 of U.S. Patent 11729294 in view of Challenger et al, US2005/0240574. Claims 1 and 4 of U.S. Patent 11729294 do not claim a communications channel over which an embedded resource of the Web page is to be provided.
Challenger teaches a communications channel over which an embedded resource of the Web page is to be provided ([19][23[26]). It would have been obvious to one of ordinary skill in the art at the time the invention was made to include Challenger’s teaching because by doing so it would allow embedded resource of the web page to be pre-fetched, thus decreasing the latency of requested resources [19].
Except for the identified elements above, claims 1 and 4 of U.S. Patent 11729294 contains every elements of claim 1 in the instant application and thus anticipate the claims of the instant application. Claim of the instant application therefore are not patently distinct from the earlier claim and as such are unpatentable over non-provisional obvious-type double patenting.
Conclusion
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/PHILIP C LEE/Primary Examiner, Art Unit 2454
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