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 .
Priority
This Application filed on May 28, 2025 discloses and claims only subject matter disclosed in the prior Application No. 18/527,813 filed on December 4, 2023, currently U.S. Patent No. 12,363,065, and names the inventor or at least one joint inventor named in the prior application. Application No. 18/527,813 is a continuation of International Application No. PCT/CN2023/076344, filed on February 16, 2023, which claims priority to Chinese Patent Application No. 202210344824.5, filed on March 31, 2022. Accordingly, this application constitutes a continuation. The benefit of the filing date, March 31, 2022, of the prior application is acknowledged, pursuant to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on November 10, 2025 was filed before the mailing of a first Office Action on the merits. Since the submission complies with the provisions of 37 CFR 1.97, the IDS has been considered by the Examiner.
Claim Rejections - 35 USC § 112
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claims 1 and 14-15,
The claims all recite “determining a first Internet protocol (IP) address from one or more reserved IP addresses according to a request data packet transmitted by a client.” The term “according to” is somewhat unclear. The standard dictionary meaning is as follows:
in conformity with
as stated or attested by
depending on
(www.merriam-webster.com/dictionary/according%20to).
These definitions do not seem to be consistent with the claim language. In the current claim recitation, it appears to mean that the IP addressed are “contained in” the request data packet, or something similar. Examiner suggests adding additional specificity to the claim limitations to remove any confusion.
Regarding Claims 2-13 and 17-19,
Because the claims depend from rejected base claims, they are also rejected.
Double Patenting
The non-statutory 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 non-statutory 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 non-statutory 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 §§ 706.02(l)(1) -706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-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 www.uspto.gov/patents/process/file/efs/guidance/eTD-info-l.jsp.
Claims 1- 20 are rejected on the ground of non-statutory double patenting as being unpatentable over U.S. Patent No. 12,363,065 B1, filed as Application No. 18/527,813 on December 4, 2023. Although the claims at issue are not identical, they are not patentably distinct from each other, as seen in the following table. The same general process is recited in both applications Some steps are identical, while other steps include slight variations in wording or in the breadth of process, as discussed in the chart below.
Instant Application
19/220,648
US Patent 12,363,065
Application No.
18/527,813
Comments
Claim 1:
A data packet transmission method performed by a gateway node and comprising:
determining a first Internet protocol (IP) address from one or more reserved IP addresses according to a request data packet transmitted by a client, wherein the one or more reserved IP addresses belong to a local area network;
generating a first data packet according to the request data packet and the first IP address, the first IP address being a source IP address of the first data packet;
performing tunnel encapsulation on the first data packet to obtain a second data packet, the second data packet including content of the first data packet; and
transmitting the second data packet to a business server.
Claim 1:
A data packet transmission method performed by a gateway node and comprising:
determining a first Internet protocol (IP) address from
one or more reserved IP addresses according to a request data packet transmitted by a client,
wherein the one or more reserved IP addresses belong to a local area network;
generating a first data packet according to the request data packet and the first IP address, the first IP address being a source IP address of the first data packet;
performing tunnel encapsulation on the first
data packet to obtain a
second data packet, the
second data packet including content of the first data
packet; and
transmitting the second data packet to a business server.
The two claims are identical.
Claim 3:
The method according to claim 1,
wherein performing tunnel encapsulation on the first data packet to obtain the second data packet includes:
determining an encapsulation method corresponding to the first data packet according to a packet type of the first data packet, different packet types corresponding to different encapsulation methods; and
performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet.
Claim 2:
The method according to claim 1,
wherein performing tunnel encapsulation on the first data packet to obtain the second data packet includes:
determining an encapsulation method corresponding to the first data packet according to type information of the first data packet, different type information corresponding to different encapsulation methods; and
performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet.
Identical claims.
Claim 4:
The method according to claim 3,
wherein performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet includes, in response to the encapsulation method corresponding to the first data packet being a replacement encapsulation method:
replacing the source IP address of the first data packet;
generating a packet header of the second data packet according to the encapsulation method corresponding to the first data packet, a source IP address in the packet header of the second data packet being an IP address of the gateway node; and
encapsulating the first data packet using the packet header of the second data packet to obtain the second data packet.
Claim 3:
The method according to claim 2,
wherein performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet includes, in response to the encapsulation method corresponding to the first data packet being a replacement encapsulation method:
replacing the source IP address of the first data packet;
generating a packet header of the second data packet according to the encapsulation method corresponding to the first data packet, a source IP address in the packet header of the second data packet being an IP address of the gateway node; and
encapsulating the first data packet using the packet header of the second data packet to obtain the second data packet.
Identical claims.
Claim 5:
The method according to claim 4,
wherein replacing the source IP address of the first data packet includes:
selecting a conversion IP address corresponding to the first IP address from a conversion network segment having a mapping relationship with the one or more reserved IP addresses, and replacing the first IP address with the conversion IP address as the source IP address of the first data packet; or
replacing the first IP address with an IP address of the client as the source IP
address of the first data packet.
Claim 4:
The method according to claim 3,
wherein replacing the source IP address of the first data packet includes:
selecting a conversion IP address corresponding to the first IP address from a conversion network segment having a mapping relationship with the one or more reserved IP addresses in the IP address pool, and replacing the first IP address with the conversion IP address as the source IP address of the first data packet; or
replacing the first IP address with an IP address of the
client as the source IP
address of the first data packet.
The claims are the same, with the exception of the italicized phrase, which does not add a patentable distinction.
Claim 6:
The method according to claim 3,
wherein performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet includes, in response to the encapsulation method corresponding to the first data packet not being a replacement encapsulation method:
generating a packet header of the second data packet according to the encapsulation method corresponding to the first data packet, a source IP address in the packet header of the second data packet being an IP address of the gateway node; and
encapsulating the first data packet using the packet header of the second data packet to obtain the second data packet, the source IP address of the first data packet being the first IP address unchanged.
Claim 5:
The method according to claim 2,
wherein performing tunnel encapsulation on the first data packet according to the encapsulation method corresponding to the first data packet to obtain the second data packet includes, in response to the encapsulation method corresponding to the first data packet not being a replacement encapsulation method:
generating a packet header of the second data packet according to the
encapsulation method corresponding to the first data packet, a source IP address in the packet header of the second data packet being an IP address of the gateway node; and
encapsulating the first data packet using the packet header of the second data packet to obtain the second data packet, the source IP address of the first data packet being the first IP address unchanged.
Identical claims.
Claim 7:
The method according to claim 3, further comprising:
determining the packet type of the first data
packet according to a server type of the business server,
the server type of the business server being relatedto a way of establishing the business server.
Claim 6:
The method according to claim 2, further comprising:
determining the type information of the first data packet according to type information of the business server, the type information of the business server being
related to a way of
establishing the business server.
The claims are the same, with the exception of the italicized phrase, which is simply worded differently.
Claim 8:
The method according to claim 3,
wherein type information indicating the packet type of the first data packet is stored in an option field of the first data packet, the option field carrying self-defining data.
Claim 7:
The method according to claim 2,
wherein the type information of the first data packet is stored in an option field of the first data packet,
the option field carrying self-defining data.
Identical claims.
Claim 9:
The method according to claim 1,
wherein determining the first IP address from the one or more reserved IP addresses according to the request data packet transmitted by the client includes:
determining the business server for processing the request data packet from a plurality of candidate business servers using a scheduling algorithm; and
determining the first IP address from the one or more reserved IP addresses according to information about the business server.
Claim 8:
The method according to claim 1,
wherein determining the first IP address from the IP address pool according to the request data packet transmitted by the client includes:
determining the business server for processing the request data packet from a plurality of candidate business servers using a scheduling algorithm; and
determining the first IP address from the IP address pool according to information about the business server.
Identical claims.
Claim 10:
The method according to claim 9, wherein:
the information about the business server includes an IP address and a port number of the business server; and
determining the first IP address from the one or more reserved IP addresses according to the information about the business server includes:
processing the IP address and the port number of the business server using a hash algorithm to obtain a hash value; and
determining the first IP address from the one or more reserved IP addresses according to the hash value.
Claim 9:
The method according to claim 8, wherein:
the information about the business server includes an IP address and a port number of the business server; and
determining the first IP address from the IP address pool according to the information about the business server includes:
processing the IP address and the port number of the business server using a hash algorithm to obtain a hash value; and
determining the first IP address from the IP address pool according to the hash value.
Identical claims.
Claim 11:
The method according to claim 1, further comprising:
receiving a reply data packet corresponding to the second data packet and transmitted by the business server;
performing tunnel de-encapsulation on the reply data packet to obtain a response data packet;
determining the first IP address according to a destination IP address of the response data packet;
determining the client according to the first IP address; and
generating a feedback data packet based on content in the response data packet, a destination IP address of the feedback data packet being an IP address of the client.
Claim 10:
The method according to claim 1, further comprising:
receiving a reply data packet corresponding to the second data packet and transmitted by the business server;
performing tunnel de-encapsulation on the reply data packet to obtain a response data packet;
determining the first IP address according to a destination IP address of the response data packet;
determining the client according to the first IP address; and
generating a feedback data packet based on content in the response data packet, a destination IP address of the feedback data packet being an IP address of the client.
Identical claims.
Claim 12:
The method according to claim 1,
wherein the one or more reserved IP addresses belong to an IP address pool in the gateway node, and the method further comprises:
obtaining the IP address pool allocated by a global management and control node, the global management and control node being configured to apply for the one or more reserved IP addresses in batches, creating at least one IP address pool, and allocating the at least one IP address pool to at least one gateway node;
writing one reserved IP address of the one or more reserved IP addresses in the IP address pool into an IP address configuration table;
reading the one reserved IP address from the IP address configuration table; and
adding the one reserved IP address to the gateway node.
Claim 11:
The method according to claim 1, further comprising:
obtaining the IP address pool allocated by a global management and control node, the global management and control node
applying for the
one or more reserved IP
addresses in batches,
creating at least one IP address pool, and allocating the at least one IP address pool to at least one gateway node;
writing one reserved IP address of the one or more reserved IP addresses in the IP address pool into an IP address configuration table;
reading the one reserved IP address from the IP address configuration table; and
adding the one reserved IP address to the gateway node.
The two claims recited the same subject matter, and the only difference is the phrasing of recitations and the addition of the wherein clause that recites previously established information.
Claim 13:
The method according to claim 1, wherein the one or more reserved IP addresses belong to an IP address pool in the gateway node, and the method further comprises:
obtaining a connection number within a target period, the connection number being number of communication connections between one or more clients carried by the gateway node and the business server;
transmitting the connection number to a scheduling decision node; and
receiving an extended IP address pool transmitted by a global management and control node in response to the connection number being greater than or equal to a threshold, the extended IP address pool including at least one newly added reserved IP address.
Claim 14:
A non-transitory computer-readable storage medium storing one or more computer programs that, when executed by one or more processors to implement the data packet transmission method according to claim 1.
Claim 12:
The method according to claim 1, further comprising:
obtaining a connection number within a target period, the connection number being number of communication connections between one or more clients carried by the gateway node and the business server;
transmitting the connection number to a scheduling decision node; and
receiving an extended IP address pool transmitted by a global management and control node in response to the connection number being greater than or equal to a threshold, the extended IP address pool including at least one newly added reserved IP address.
Claim 13:
A non-transitory computer-readable storage medium storing one or more computer programs that, when executed by one or more processors to implement the data packet transmission method according to claim 1.
When instant Claims 13 and 14 are combined, the result is the same as patent Claims 12 and 13, with the exception of the wherein clause.
Claim 16:
A data packet transmission method performed by a business server and comprising:
receiving a second data packet transmitted by a gateway node, a source Internet protocol (IP) address of the second data packet being an IP address of the gateway node;
performing tunnel de-encapsulation on the second data packet to obtain a first data packet, wherein the first data packet includes a request data packet from a client and a first IP address, and the first IP address is from one or more reserved IP addresses corresponding to the gateway node; and
obtaining request information of the request data packet from the first data packet.
Claim 17:
The method according to claim 16, further comprising:
generating a response data packet based on the request information, a corresponding relationship existing between five-tuple information of the response data packet and five-tuple information of the first data packet;
obtaining a connection relationship indicating the gateway node transmitting the second data packet;
determining the IP address of the gateway node according to the connection relationship;
performing tunnel encapsulation on the response data packet according to the IP address of the gateway node to obtain a reply data packet, a destination IP address of the reply data packet being the IP address of the gateway node; and
transmitting the reply data packet to the gateway node.
Claim 15:
A data packet transmission method performed by a business server and comprising:
receiving a second data packet transmitted by a gateway node, a source Internet protocol (IP) address of the second data packet being an IP address of the gateway node;
performing tunnel de-encapsulation on the second data packet to obtain a first data packet;
obtaining request information of the request data packet from the first data packet;
generating a response data packet based on the request information, a corresponding relationship existing between five-tuple information of the response data packet and five-tuple information of the first data packet;
obtaining a connection relationship indicating the gateway node transmitting the second data packet;
determining the IP address of the gateway node according to the connection relationship;
performing tunnel encapsulation on the
response data packet according to the IP address of the gateway node to obtain a reply data packet, a destination IP address of the reply data packet being the IP address of the gateway node; and
transmitting the reply data packet to the gateway node.
When instant Claims 16 and 17 are combined, the result is the same as patent Claim 15, with the exception of the additional wherein clause, which is underlined and contains previously recited information.
Claim 18:
The method according to claim 17,
wherein determining the IP address of the gateway node according to the connection relationship includes:
obtaining the five-tuple information of the response data packet; and
determining the IP address of the gateway node from the connection relationship according to the five-tuple information of the response data packet.
Claim 16:
The method according to claim 15,
wherein determining the IP address of the gateway node according to the connection relationship includes:
obtaining the five-tuple information of the response data packet; and
determining the IP address of the gateway node from the connection relationship according to the five-tuple information of the response data packet.
Identical claims.
Claim 20:
A non-transitory computer-readable storage medium
storing one or more computer programs that, when executed by one or more processors to implement the data packet transmission method according to claim 16.
Claim 19:
A non-transitory computer-readable storage medium
storing one or more computer programs that, when
executed by one or more processors to implement the data packet transmission method according to claim
15.
Identical claims.
Allowable Subject Matter
Claims 1, 14-16, and 20 all recited allowable subject matter, but the claims cannot be allowed until the Double Patenting rejection and the rejections of Claims 1 and 14-15 under 35 U.S.C. 112(b).
The following subject matter recited in Claims 1 and 14-15 was not found in the prior art:
performing tunnel encapsulation on the first data packet to obtain a second data packet, the second data packet including content of the first data packet.
The following subject matter recited in Claims 16 and 20 was not found in the prior art:
performing tunnel de-encapsulation on the second data packet to obtain a first data packet, wherein the first data packet includes a request data packet from a client and a first IP address, and the first IP address is from one or more reserved IP addresses corresponding to the gateway node.
Upon resolution of the Double Patenting rejection and the rejections under 35 U.S.C. 112(b), Claims 1-20 can be allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The additional prior art references listed on Form PTO-892 and not used in the prior art rejections are also relevant to this application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHYLLIS A BOOK whose telephone number is (571)272-0698. The examiner can normally be reached M-F 10:00 am - 7:00 pm.
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/PHYLLIS A BOOK/Primary Examiner, Art Unit 2454
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