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 .
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 Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention 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.
Instant Application
Patent No. 12293211
1. A non-transitory computer-readable medium comprising stored instructions that, when executed by a processor, cause the processor to: receive, at an online system, virtual machine initialization instructions from a client device operated by a user, the virtual machine initialization instructions comprising instructions from the client device to initialize one or more virtual machines on the online system; execute, upon receipt of the virtual machine initialization instructions, one or more initial bootup processes on the online system, the one or more initial bootup processes identifying one or more resources of the online system to be used by a verification operating system; load a verification operating system onto the one or more resources of the online system; verify, by the verification operating system, a set of data stored by the online system, the set of data comprising data storing a virtual machine operating system for the one or more virtual machines; generate, upon verification of the set of data, one or more virtual machine operating system instances for the one or more virtual machines based on the set of data; generate the one or more virtual machines based on the one or more virtual machine operating system instances; and transmit, to the client device, a confirmation that the one or more virtual machines have been generated.
1. A non-transitory computer-readable medium comprising stored instructions that, when executed by a processor, cause the processor to: receive, at an online system, virtual machine initialization instructions from a client device operated by a user, the virtual machine initialization instructions comprising instructions from the client device to initialize one or more virtual machines on the online system; execute, upon receipt of the virtual machine initialization instructions, one or more initial bootup processes on the online system, the one or more initial bootup processes identifying one or more resources of the online system to be used by a verification operating system; load a verification operating system onto the one or more resources of the online system; verify, by the verification operating system, a set of data stored by the online system, the set of data comprising data storing a virtual machine operating system for the one or more virtual machines; generate, upon verification of the set of data, one or more virtual machine operating system instances for the one or more virtual machines based on the set of data; generate the one or more virtual machines based on the one or more virtual machine operating system instances; and transmit, to the client device, a confirmation that the one or more virtual machines have been generated.
Claim 1 rejected under 35 U.S.C. 101 as claiming the same invention as that of claim 1 of prior U.S. Patent No. 12,293,211. This is a statutory double patenting rejection.
Conclusion
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/ZAHID CHOUDHURY/Primary Examiner, Art Unit 2175
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