DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the America Invents Act (AIA ).
General Information Matter
Please note, the instant Non-Provisional application (19/183,656) under prosecution at the United States Patent and Trademark Office (USPTO) has been assigned to David Zarka (Examiner) in Art Unit 2449. To aid in correlating any papers for 19/183,656, all further correspondence regarding the instant application should be directed to the Examiner.
Joint Inventors
This application currently names joint inventors. In considering patentability of the claims the Examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicants are advised of the obligation under 37 C.F.R. § 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the Examiner to consider the applicability of 35 U.S.C. § 102(b)(2)(C) for any potential § 102(a)(2) prior art against the later invention.
Provisional Application
The instant application claims benefit to provisional application No. 63/149,273 filed on February 13, 2021 under 35 U.S.C. § 119(e).
Claim Rejections – 35 U.S.C. § 101
The following is a quotation of 35 U.S.C. § 101 (emphasis added): “Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.”
The Examiner emphasizes “a” in the language of 35 U.S.C. § 101 because obtaining “a” patent is the support for a rejection based on double patenting of the “same invention.” 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 (CCPA 1970); In re Ockert, 245 F.2d 467 (CCPA 1957); see also MPEP § 804(II)(A).
A statutory type 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 statutory type double patenting rejection based upon 35 U.S.C. § 101.
Claims 1–20 are rejected under 35 U.S.C. § 101 as claiming the same invention as that of claims 1–20 of Baker et al. (US 12,289,284 B2; filed Aug. 18, 2023)(the ‘284 Patent).
Instant Application
the ‘284 Patent
Claim 1: A system comprising:
a first virtual network configured for a customer, the first virtual network comprising a first resource that has a first Internet Protocol (IP) address and a first interface having a second IP address;
a second virtual network configured for a service provider, the second virtual network comprising a second resource that has a third IP address and a second interface having a fourth IP address, the second resource is configured to provide a service to the customer; and
one or more network resources separate from the first virtual network and the second virtual network, the one or more network resources having a third interface and a fourth interface, the one or more network resources configured to:
receive, at the fourth interface, a packet from the second interface, the packet having a destination address of the fourth IP address;
determine, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
update a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
send, from the third interface, the packet to the first interface.
Claim 1: A system comprising:
a first virtual network configured for a customer, the first virtual network comprising a first resource that has a first Internet Protocol (IP) address and a first interface having a second IP address;
a second virtual network configured for a service provider, the second virtual network comprising a second resource that has a third IP address and a second interface having a fourth IP address, the second resource is configured to provide a service to the customer; and
one or more network resources separate from the first virtual network and the second virtual network, the one or more network resources having a third interface and a fourth interface, the one or more network resources configured to:
receive, at the fourth interface, a packet from the second interface, the packet having a destination address of the fourth IP address;
determine, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
update a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
send, from the third interface, the packet to the first interface.
Claim 2. The system of claim 1, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 2. The system of claim 1, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 3. The system of claim 2, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 3. The system of claim 2, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 4. The system of claim 1, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 4. The system of claim 1, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 5. The system of claim 1, wherein the packet includes real application cluster data for the service.
Claim 5. The system of claim 1, wherein the packet includes real application cluster data for the service.
Claim 6. The system of claim 1, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 6. The system of claim 1, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 7. The system of claim 1, the one or more network resources are further configured to:
receive, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determine, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
update a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
send, from the fourth interface, the packet to the second interface.
Claim 7. The system of claim 1, the one or more network resources are further configured to:
receive, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determine, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
update a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
send, from the fourth interface, the packet to the second interface.
Claim 8. A method comprising:
receiving, at a fourth interface of one or more network resources, a packet from a second interface, the packet having a destination address of a fourth Internet Protocol (IP) address, wherein:
the one or more network resources are separate from a first virtual network and a second virtual network, the one or more network resources having a third interface and the fourth interface;
the first virtual network is configured for a customer, the first virtual network comprising a first resource that has a first IP address and a first interface having a second IP address; and
the second virtual network is configured for a service provider, the second virtual network comprising a second resource that has a third IP address and the second interface having the fourth IP address, the second resource is configured to provide a service to the customer;
determining, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
updating a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
sending, from the third interface, the packet to the first interface.
Claim 8. A method comprising:
receiving, at a fourth interface of one or more network resources, a packet from a second interface, the packet having a destination address of a fourth Internet Protocol (IP) address, wherein:
the one or more network resources are separate from a first virtual network and a second virtual network, the one or more network resources having a third interface and the fourth interface;
the first virtual network is configured for a customer, the first virtual network comprising a first resource that has a first IP address and a first interface having a second IP address; and
the second virtual network is configured for a service provider, the second virtual network comprising a second resource that has a third IP address and the second interface having the fourth IP address, the second resource is configured to provide a service to the customer;
determining, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
updating a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
sending, from the third interface, the packet to the first interface.
Claim 9. The method of claim 8, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 9. The method of claim 8, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 10. The method of claim 9, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 10. The method of claim 9, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 11. The method of claim 8, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 11. The method of claim 8, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 12. The method of claim 8, wherein the packet includes real application cluster data for the service.
Claim 12. The method of claim 8, wherein the packet includes real application cluster data for the service.
Claim 13. The method of claim 8, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 13. The method of claim 8, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 14. The method of claim 8, further comprising:
receiving, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determining, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
updating a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
sending, from the fourth interface, the packet to the second interface.
Claim 14. The method of claim 8, further comprising:
receiving, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determining, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
updating a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
sending, from the fourth interface, the packet to the second interface.
Claim 15. A non-transitory computer-readable storage media storing instructions that, upon execution by one or more processors, cause the one or more processors to perform operations comprising:
receiving, at a fourth interface of one or more network resources, a packet from a second interface, the packet having a destination address of a fourth Internet Protocol (IP) address, wherein:
the one or more network resources are separate from a first virtual network and a second virtual network, the one or more network resources having a third interface and the fourth interface;
the first virtual network is configured for a customer, the first virtual network comprising a first resource that has a first IP address and a first interface having a second IP address; and
the second virtual network is configured for a service provider, the second virtual network comprising a second resource that has a third IP address and the second interface having the fourth IP address, the second resource is configured to provide a service to the customer;
determining, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
updating a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
sending, from the third interface, the packet to the first interface.
Claim 15. A non-transitory computer-readable storage media storing instructions that, upon execution by one or more processors, cause the one or more processors to perform operations comprising:
receiving, at a fourth interface of one or more network resources, a packet from a second interface, the packet having a destination address of a fourth Internet Protocol (IP) address, wherein:
the one or more network resources are separate from a first virtual network and a second virtual network, the one or more network resources having a third interface and the fourth interface;
the first virtual network is configured for a customer, the first virtual network comprising a first resource that has a first IP address and a first interface having a second IP address; and
the second virtual network is configured for a service provider, the second virtual network comprising a second resource that has a third IP address and the second interface having the fourth IP address, the second resource is configured to provide a service to the customer;
determining, based on address translation information for the fourth IP address, that the packet has a destination of the first resource;
updating a source address of the packet to the second IP address and the destination address of the packet to the first IP address; and
sending, from the third interface, the packet to the first interface.
Claim 16. The non-transitory computer-readable storage media of claim 15, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 16. The non-transitory computer-readable storage media of claim 15, wherein the third interface is configured to communicate with the first interface, and wherein the fourth interface is configured to communicate with the second interface.
Claim 17. The non-transitory computer-readable storage media of claim 16, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 17. The non-transitory computer-readable storage media of claim 16, wherein the first interface is configured to forward packets from the first virtual network to the third interface, and wherein the second interface is configured to forward packets from the second virtual network to the fourth interface.
Claim 18. The non-transitory computer-readable storage media of claim 15, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 18. The non-transitory computer-readable storage media of claim 15, wherein a first IP address range of the first virtual network overlaps with a second IP address range of the second virtual network.
Claim 19. The non-transitory computer-readable storage media of claim 15, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 19. The non-transitory computer-readable storage media of claim 15, wherein the packet also has a source address of the third IP address, and wherein determining that the packet has a destination of the first resource is further based on address translation information for the second IP address.
Claim 20. The non-transitory computer-readable storage media of claim 15, storing further instructions that, upon execution by one or more processors, cause the one or more processors to perform further operations comprising:
receiving, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determining, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
updating a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
sending, from the fourth interface, the packet to the second interface.
Claim 20. The non-transitory computer-readable storage media of claim 15, storing further instructions that, upon execution by one or more processors, cause the one or more processors to perform further operations comprising:
receiving, at the third interface, a second packet from the first interface, the second packet having a second destination address of the second IP address;
determining, based on address translation information for the second IP address, that the second packet has a destination of the second resource;
updating a second source address of the second packet to the fourth IP address and the second destination address of the second packet to the third IP address; and
sending, from the fourth interface, the packet to the second interface.
This is a statutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicants’ disclosure: US-20210152516-A1; US-20190104064-A1; US-8751691-B1; US-20020138628-A1; US-11777897-B2; CN-107872542-A; CN-111565237-B; KR-20220134554-A; and Srisuresh et al., RFC 3022 : Traditional IP Network Address Translator (Traditional NAT), pp. 1–32 (Jan. 2001).
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to DAVID P. ZARKA whose telephone number is (703) 756-5746. The Examiner can normally be reached Monday–Friday from 9:30AM–6PM ET.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Vivek Srivastava, can be reached at (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/DAVID P ZARKA/PATENT EXAMINER, Art Unit 2449
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