DETAILED ACTION
1. This communication is responsive to the Preliminary Amendment, filed 4/11/2025. Claim 1 has been canceled. Claims 2-21 have been added.
Claims 2-21 are presented for examination.
Notice of Pre-AIA or AIA Status
2. 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
3. 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.
4. Claims 2-21 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,282,393. Although the conflicting claims are not identical, they are not patentably distinct from each other.
U.S. Patent Application 19/176,360
Claim 2
U.S. Patent No. 12,282,393
Claim 1
A system comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:
A system comprising one or more computers and one or more storage devices on which are stored instructions that are operable, when executed by the one or more computers, to cause the one or more computers to perform operations comprising:
detecting, for a cloud computing environment that includes a live production environment and two or more sandbox environments each of which were seeded using data from the live production environment and are not refreshed with new data from the live production environment, a newly added sandbox environment from one or more most recently active sandbox environments that is not included in one or more previously active sandbox environments;
maintaining, for a cloud computing environment that includes a live production environment and two or more sandbox environments each of which were seeded using data from the live production environment and are not refreshed with new data from the live production environment, first data that indicates one or more previously active sandbox environments from the two or more sandbox environments;
receiving, from the cloud computing environment, second data that indicates one or more most recently active sandbox environments from the two or more sandbox environments, the one or more most recently active sandbox environments comprising at least one sandbox environment that is not included in the one or more previously active sandbox environments;
detecting, using the second data and the first data, a newly added sandbox environment from the one or more most recently active sandbox environments that is not included in the one or more previously active sandbox environments;
determining, using a first identifier for the newly added sandbox environment and a second identifier for a prior sandbox environment that is a) from the one or more previously active sandbox environments and b) not included in the one or more most recently active sandbox environments, whether the newly added sandbox environment is likely a refresh of the prior sandbox environment from the one or more previously active sandbox environments; and
determining, using a first identifier for the newly added sandbox environment and a second identifier for a prior sandbox environment that is a) from the one or more previously active sandbox environments and b) not included in the one or more most recently active sandbox environments, whether the newly added sandbox environment is likely a refresh of the prior sandbox environment from the one or more previously active sandbox environments; and
performing one or more actions for the newly added sandbox environment using a result of the determination whether the newly added sandbox environment is likely a refresh of the prior sandbox environment.
performing one or more actions for the newly added sandbox environment in response to determining that the newly added sandbox environment is likely a refresh of the prior sandbox environment.
It is noted that the claimed limitations of claims 2-21 of Patent Application 19/176,360 are not patentably distinct from that of claims 1-20 of U.S. Patent No. 12,282,393. It appears to be proper to apply the judicially created doctrine of obvious-type double patenting to the claims at issue.
Allowable Subject Matter
5. Claim 2-21 would become allowable if the obvious-type double patenting rejection is overcome. As noted above, this rejection can be overturned by filing a terminal disclaimer.
Claim 2-21 would be considered allowable since the prior art of record fails to disclose each and every element of the Applicant’s claimed invention. Specifically, the prior art of record fails to teach and/or suggest “detecting, a newly added sandbox environment from one or more most recently active sandbox environments that is not included in one or more previously active sandbox environments;
determining, using a first identifier for the newly added sandbox environment and a second identifier for a prior sandbox environment that is a) from the one or more previously active sandbox environments and b) not included in the one or more most recently active sandbox environments, whether the newly added sandbox environment is likely a refresh of the prior sandbox environment from the one or more previously active sandbox environments; and
performing one or more actions for the newly added sandbox environment using a result of the determination whether the newly added sandbox environment is likely a refresh of the prior sandbox environment”.
The preceding limitations, when combined with the rest of the limitations recited in claims 2, 13 and 21 results in a combination of elements that is both novel and unobvious over the prior art of record.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUAWEN A PENG whose telephone number is (571)270-5215. The examiner can normally be reached Mon thru Fri 9 am to 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sherief Badawi can be reached at 571-272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HUAWEN A PENG/Primary Examiner, Art Unit 2169