DETAILED ACTION
The non-final office action is responsive to the filing of U.S. Patent Application 19/197,934 on 05/02/2025. Claims 1-20 are pending; claims 1-20 are rejected.
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 10/29/2025 was filed before the mailing date of the non-final office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,929,932 B1 (hereinafter P932). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P932
A system for implementing incremental settlement, the system comprising:
A system of balancing communication loads across computer networks for computer communication tasks based on real-time confirmation of network resource availability, the system comprising:
one or more processors; and
one or more processors; and
a non-transitory, computer readable medium comprising instructions that when executed by the one or more processors cause operations comprising:
a non-transitory, computer readable medium comprising instructions that when executed by the one or more processors cause operations comprising:
receiving a plurality of tasks for execution at a plurality of available locations, wherein each of the plurality of tasks comprises a respective content identifier and a respective task name;
receiving a communication, wherein the communication comprises a plurality of communication tasks for execution at a plurality of available network locations, wherein each of the plurality of communication tasks comprises a respective content identifier and a respective communication task name;
determining an initial allocation for the plurality of tasks to the plurality of available locations;
determining an initial allocation for the plurality of communication tasks to the plurality of available network locations, wherein the initial allocation comprises a summation of respective network loads for each of the plurality of communication tasks;
reserving an amount of resources based on the initial allocation;
reserving an amount of network resources for the communication based on the initial allocation;
receiving an initiation request from one or more of the plurality of available locations, wherein the initiation request indicates the one or more of the plurality of available locations are ready to initiate a respective task;
receiving an initiation request from one or more of the plurality of available network locations, wherein the initiation request indicates the one or more of the plurality of available network locations are ready to initiate a respective communication task;
in response to receiving the initiation request, transmitting an approval to the one or more of the plurality of available locations;
in response to receiving the initiation request, transmitting an approval to the one or more of the plurality of available network locations to perform the respective communication task;
receiving a respective location transmission confirmation from the one or more of the plurality of available locations, wherein receiving the respective location transmission confirmation from the one or more of the plurality of available locations comprises:
receiving a content identifier for the respective task;
receiving a task name for the respective task; and
verifying that a portion of the amount of the resources corresponding to a respective load for the respective task is available.
receiving a respective network location transmission confirmation from the one or more of the plurality of available network locations, wherein receiving the respective network location transmission confirmation from the one or more of the plurality of available network locations comprises:
receiving a content identifier for the respective communication task; receiving a communication task name for the respective communication task; and
verifying that a portion of the amount of the network resources corresponding to a respective network load for the respective communication task is available; and
releasing the portion of the amount of the network resources corresponding to the respective network load for the respective communication task.
Claims 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claim 2-20, claims 1-20 of P932 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,309,069 B2 (hereinafter P069). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claim 1 of P069
A system for implementing incremental settlement, the system comprising:
A system of balancing communication loads across computer networks for computer communication tasks based on real-time confirmation of network resource availability, the system comprising:
one or more processors; and
one or more processors; and
a non-transitory, computer readable medium comprising instructions that when executed by the one or more processors cause operations comprising:
a non-transitory, computer readable medium comprising instructions that when executed by the one or more processors cause operations comprising:
receiving a plurality of tasks for execution at a plurality of available locations, wherein each of the plurality of tasks comprises a respective content identifier and a respective task name;
receiving a communication, wherein the communication comprises a plurality of communication tasks for execution at a plurality of available network locations, wherein each of the plurality of communication tasks comprises a respective content identifier and a respective communication task name;
determining an initial allocation for the plurality of tasks to the plurality of available locations;
determining an initial allocation for the plurality of communication tasks to the plurality of available network locations;
reserving an amount of resources based on the initial allocation;
reserving an amount of network resources for the communication based on the initial allocation;
receiving an initiation request from one or more of the plurality of available locations, wherein the initiation request indicates the one or more of the plurality of available locations are ready to initiate a respective task;
receiving an initiation request from one or more of the plurality of available network locations, wherein the initiation request indicates the one or more of the plurality of available network locations are ready to initiate a respective communication task;
in response to receiving the initiation request, transmitting an approval to the one or more of the plurality of available locations;
in response to receiving the initiation request, transmitting an approval to the one or more of the plurality of available network locations;
receiving a respective location transmission confirmation from the one or more of the plurality of available locations, wherein receiving the respective location transmission confirmation from the one or more of the plurality of available locations comprises: receiving a content identifier for the respective task;
receiving a task name for the respective task; and
verifying that a portion of the amount of the resources corresponding to a respective load for the respective task is available.
receiving a respective network location transmission confirmation from the one or more of the plurality of available network locations, wherein receiving the respective network location transmission confirmation from the one or more of the plurality of available network locations comprises:
receiving a content identifier for the respective communication task;
receiving a communication task name for the respective communication task; and
verifying that a portion of the amount of the network resources corresponding to a respective network load for the respective communication task is available.
Claims 1 of the instant application is obviously disclosed by patent claim 1 in that claim 1 of the patent contains all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claim 2-20, claims 1-20 of P069 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Allowable Subject Matter
Claims 1-20 are allowable over prior art references on record.
Note: the ODP rejections need to be overcome in order to allow the case.
The following is a statement of reasons for the indication of allowable subject matter: the prior art references on record do not disclose “determining an initial allocation for the plurality of tasks to the plurality of available locations; reserving an amount of resources based on the initial allocation; receiving an initiation request from one or more of the plurality of available locations, wherein the initiation request indicates the one or more of the plurality of available locations are ready to initiate a respective task; in response to receiving the initiation request, transmitting an approval to the one or more of the plurality of available locations; and receiving a respective location transmission confirmation from the one or more of the plurality of available locations.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUOLEI ZONG whose telephone number is (571)270-7522. The examiner can normally be reached Monday-Friday 8:30AM-4:30PM IFP.
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 6/12/2026
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