DETAILED ACTION
Authorization for Internet Communications
The examiner encourages Applicant to submit an authorization to communicate with the examiner via the Internet by making the following statement (from MPEP 502.03):
“Recognizing that Internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.”
Please note that the above statement can only be submitted via Central Fax (not Examiner's Fax), Regular postal mail, or EFS Web using PTO/SB/439.
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 information disclosure statement (IDS) submitted on 06/25/2025 is being considered by the examiner.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: “520” (See Specification; para 0138).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because the first occurrence of the acronym should be spelled out.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claims 1 – 20 are objected to because of the following informalities:
Regarding claims 1 – 5, 10 – 15 and 20; the first occurrence of the acronym “URL” should be spelled out. Further, there should apparently be -- and -- at the end of (line 8, claim 1), (line 5, claim 2), (line 3, claim 3), (line 3, claim 4), (line 4, claim 5), (line 6, claim 11), (line 7, claim 12), (line 5, claim 13), (line 5, claim 14), (line 6, claim 15).
Claims 2 – 10 and 12 - 20 are dependent claims and thus also objected.
Regarding claims 10 and 20; the first occurrence of the acronym “HTTPS” should be spelled out.
Appropriate correction is required.
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 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 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.
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 website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/forms/. The 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1 and 11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 11 of U.S. Patent No. 10,621,314 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the pending claims are substantially covered by patented claims as shown below.
Instant Application NO. 19/178,737
US 10,621,314 B2
1. A system of data revision control for a distributed file system, comprising: a memory; one or more processors coupled to the memory and configured to perform: sending to a server a first deployment command for a software package, the first deployment command comprising a unique URL including a restricted use token string, the restricted use token string including one or more dictionary strings randomly selected from a linguistic dictionary having a plurality of dictionary strings; receiving, in response to the first deployment command, from the server the software package over a secure channel.
*to perform the method step of the US patent, there must be a system or product that implements the following method steps.
1. A method comprising: receiving, at a server, a request to generate a software package; in response to receiving the request to generate the software package, the server generating the software package; in response to receiving the request to generate the software package, the server generating a unique URL for the software package, wherein the unique URL comprises a restricted use token string and a URL root string; wherein the restricted use token string comprises one or more dictionary strings randomly selected from a dictionary comprising a plurality of candidate dictionary strings; receiving, at the server, a deployment command from a client computing device, wherein the deployment command comprises the unique URL; in response to receiving the deployment command, sending the software package to the client computing device over a secure channel; deactivating the unique URL on the server; wherein the method is performed using one or more processors.
11. A computer-readable, non-transitory storage medium storing computer-executable instructions, which when executed cause one or more processors to perform: sending to a server a first deployment command for a software package, the first deployment command comprising a unique URL including a restricted use token string, the restricted use token string including one or more dictionary strings randomly selected from a linguistic dictionary having a plurality of dictionary strings; receiving, in response to the first deployment command, from the server the software package over a secure channel.
11. One or more non-transitory computer readable storage media storing instruction, which when executed by one or more processors, cause: receiving a request to generate a software package; in response to receiving the request to generate the software package, generating the software package; in response to receiving the request to generate the software package, generating a unique URL for the software package, wherein the unique URL comprises a restricted use token string and a URL root string; wherein the restricted use token string comprises one or more dictionary strings randomly selected from a dictionary comprising a plurality of candidate dictionary strings; receiving a deployment command from a client computing device, wherein the deployment command comprises the unique URL; in response to receiving the deployment command, sending the software package to the client computing device over a secure channel; and deactivating the unique URL.
Claims 1 and 11 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1 and 10 of U.S. Patent No. 11,741,195 B2. Although the conflicting claims are not identical, they are not patentably distinct from each other because the pending claims are substantially covered by patented claims as shown below.
Instant Application NO. 19/178,737
US Patent 11,741,195 B2
1. A system of data revision control for a distributed file system, comprising: a memory; one or more processors coupled to the memory and configured to perform: sending to a server a first deployment command for a software package, the first deployment command comprising a unique URL including a restricted use token string, the restricted use token string including one or more dictionary strings randomly selected from a linguistic dictionary having a plurality of dictionary strings; receiving, in response to the first deployment command, from the server the software package over a secure channel.
*to perform the method step of the US patent, there must be a system or product that implements the following method steps.
1. A method comprising: generating a unique URL for a software package, wherein the unique URL comprises a restricted use token string, the restricted use token string comprising N dictionary strings randomly selected from a linguistic dictionary comprising a plurality of candidate dictionary strings and a value of N being randomly selected from a set of positive integers; receiving, at a server, a deployment command, wherein the deployment command comprises the unique URL; and in response to receiving the deployment command, sending the software package over a secure channel, wherein the method is performed using one or more processors.
11. A computer-readable, non-transitory storage medium storing computer-executable instructions, which when executed cause one or more processors to perform: sending to a server a first deployment command for a software package, the first deployment command comprising a unique URL including a restricted use token string, the restricted use token string including one or more dictionary strings randomly selected from a linguistic dictionary having a plurality of dictionary strings; receiving, in response to the first deployment command, from the server the software package over a secure channel.
10. One or more non-transitory computer readable storage media storing instruction, which when executed by one or more processors, cause: generating a unique URL for a software package, wherein the unique URL comprises a restricted use token string, the restricted use token string comprising N dictionary strings randomly selected from a linguistic dictionary comprising a plurality of candidate dictionary strings and a value of N being randomly selected from a set of positive integers; receiving, at a server, a deployment command, wherein the deployment command comprises the unique URL; and in response to receiving the deployment command, sending the software package over a secure channel.
Claim Rejections - 35 USC § 103
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.
Claims 1 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over the prior art of record, Melchione et al., US 20040073903A1 (hereinafter “Melchione”), submitted by the applicant via IDS filed 06/25/2024 in view of the prior art of record, Skerpac., US 2013/0132091 A1 (hereinafter “Skerpac”), submitted by the applicant via IDS 06/25/2025.
Regarding claim 1, Melchione teaches a system of data revision control for a distributed file system [see figure 2], comprising:
a memory [see figure 2];
one or more processors coupled to the memory and configured to perform:
sending to a server a first deployment command for a software package [as nodes are able to request software by activating a network reference containing a key such as a token ([0076 and 0101])], the first deployment command comprising a unique URL comprises a restricted use token string, the restricted use token string having a plurality of dictionary strings [as A network reference can be used to specify a resource accessible via a network connection. One possible form of a network reference is a Uniform Resource Locator (URL). URLs are strings of characters that specify the locations of resources on the Internet. URLs are typically in a standard format and can include data to be submitted to the resource for processing ([0052 and 0051]);];
receiving, in response to the first deployment command, from the server the software package over a secure channel [In one embodiment, after it has been determined that the key in a request to download or update software is valid, the software is downloaded in the form of a cabinet file. The cabinet file can contain an .INF file, which contains instructions for downloading software in the cabinet file, and software to be installed on the requesting computer. The contents of the cabinet file can be downloaded and expanded, and the software can be installed on the requesting computer ([0076, 0077, 0101 and 0036-https secure])].
Melchione does not explicitly teach the limitation “one or more dictionary strings randomly selected from a linguistic dictionary”.
Skerpac; however, teaches the limitation “one or more dictionary strings randomly selected from a linguistic dictionary” as Pass phrases are randomly generated internally by DPSS on-the-fly from protected language grammar templates and dictionary word sets ([0134 and 0114]).
The system generates phrases by applying the rules and knowledge of language to a database of words associated with language sets. Language sets should maintain a unique subset of words specific to the intuitive subject area but various language sets overlap i.e. sets are non-exclusive ([0115 and 0116]).
Before the filing date of the claimed invention, It would have been obvious to one of ordinary skill in the art to combine the teachings of the cited references because Skerpac’s teaching would have allowed Melchione’s to ensure a high level of security by randomly generating pass phrases from language grammar templates and dictionary word sets.
Regarding claims 2 and 12, Melchione further teaches a data center (e.g., the data center 520) checks whether the key is valid by comparing it against a list of valid keys. In addition to organization tables and nodes database tables, the data center can include a database that has a token table, a group table, and/or one or more other configuration tables (e.g., a policies table). In this way, the data center can track whether a particular token is valid when a node requests access to software ([0071, 0052, and 0096]).
Regarding claims 3 and 13, Melchione further teaches A data center (e.g., the data center 520 of FIG. 5) can check whether a key is valid by comparing it against a set of valid keys or using some other procedure. To facilitate checking for key validity, the data center can include a database that has an organization table and one or more configuration tables ([0058-0060, 0052, 0096, and 0071]).
Regarding claims 4 and 14, Melchione further teaches As another example, an additional field, such as an installation limit field, may be presented in user interface 1000 in cases where a user is given an option to set limits on how many installations or software updates may be performed using a particular token. After the number has reached the specified limit, additional installations via the token are not permitted ([0085, 0092, 0012, and 0056]).
Regarding claims 5 and 15, Melchione further teaches generating, by the server, the software package as In one embodiment, the software installed is minimal agent software, which enables client computers to communicate with and download files from a server either inside or outside the organization [0077]; If a user desires to set an expiration date for the token (e.g., a date after which the token will no longer be valid), the user may do so by entering a date in a user interface element such as the date field 1050. In an illustrated embodiment, the date field 1050 shows that token4 is set to expire on Apr. 4, 2008 ([0083 and 0085]).
Regarding claims 6 and 16, Melchione further teaches A data center (e.g., the data center 520 of FIG. 5) can check whether a key is valid by comparing it against a set of valid keys or using some other procedure ([0058 and 0071]); A data center (e.g., the data center 520 of FIG. 5) can check whether a key is valid by comparing it against a set of valid keys or using some other procedure ([0058 and 0071]).
Regarding claims 7 and 17, Melchione further teaches As another example, an additional field, such as an installation limit field, may be presented in user interface 1000 in cases where a user is given an option to set limits on how many installations or software updates may be performed using a particular token. After the number has reached the specified limit, additional installations via the token are not permitted ([0085, 0092, 0012, and 0056]).
Regarding claims 8 and 18, Melchione further teaches If a user desires to set an expiration date for the token (e.g., a date after which the token will no longer be valid), the user may do so by entering a date in a user interface element such as the date field 1050. In an illustrated embodiment, the date field 1050 shows that token4 is set to expire on Apr. 4, 2008. Date formats other than the format shown may be used ([0083, 0090, 0056, and 0058]).
Regarding claims 9 and 19, Melchione further teaches generating, by the server, the software package as In one embodiment, the software installed is minimal agent software, which enables client computers to communicate with and download files from a server either inside or outside the organization [0077]; If a user desires to set an expiration date for the token (e.g., a date after which the token will no longer be valid), the user may do so by entering a date in a user interface element such as the date field 1050. In an illustrated embodiment, the date field 1050 shows that token4 is set to expire on Apr. 4, 2008 ([0083 and 0085]).
Regarding claims 10 and 20, Melchione further teaches wherein the software package comprises a data extraction agent that is programmed or configured to perform data extraction of data records from a data source as the software installed is minimal agent software, which enables client computers to communicate with and download files from a server either inside or outside the organization ([0077, 0117, and 0118]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Amiga (US 9,753,712 B2) discloses for the devices presenting the computing environment, creating in the object hierarchy a representation of the device; upon receiving a request to deploy an application to a device: if the object hierarchy does not include the application: acquiring at least two application versions of the application from an application store; inserting the application including the at least two application versions and at least two application configurations into the object hierarchy; creating in the object hierarchy an association between the application, the representation of the device, a selected application version from the at least two application versions, and a selected application configuration from the at least two application configurations, the selected application version and the selected application configuration to be used by the device for the application; and synchronizing with the at least one device at least one object of the object hierarchy including the application, the selected application version, the selected application configuration, and the association of the application with the representation of the device and the selected application configuration.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED A RONI whose telephone number is (571)270-7806. The examiner can normally be reached M-F 9:00-5:00 pm (EST).
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey L Nickerson can be reached at (469) 295-9235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SYED A RONI/Primary Examiner, Art Unit 2432
Prosecution Insights