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 .
Claims 1-20 are pending.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05/30/2025 was 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.
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Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. 12,363,005. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claim 1 with patented claim 1:
U.S. Pat. 12,363,005
App. No. 19/224,443
1. A method for monitoring data transport in a network function virtualization (NFV) network, the method comprising:
1. A method for monitoring data transport in a network, the method comprising:
receiving, at a node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect load information for interfaces for nodes of an NIN chain, wherein the MCD stack of the path tracing packet contains a Wide Local Path Tracing Identification (WL PT ID) indicating that the path tracing packet is configured to collect the load information;
receiving, at a node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect load information for interfaces for nodes in the network, wherein the MCD stack of the path tracing packet contains a Wide Local Path Tracing Identification (WL PT ID) indicating that the path tracing packet is configured to collect the load information;
passing the path tracing packet through the NFV chain;
passing the path tracing packet through the nodes in the network;
using the path tracing packet to collect the load information from the nodes of the NFV chain; and
using the path tracing packet to collect the load information from the nodes of the network; and
analyzing the load information to determine interface loads on interfaces of the nodes the path tracing packet passed through.
analyzing the load information to determine interface loads on interfaces of the nodes the path tracing packet passed through.
Instant independent claim 8 is parallel in scope to instant claim 1 and similarly anticipated by the patented claims. Instant dependent claims 2-7 and 9-14 are also anticipated by the patented claims.
Claims 15-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Pat. 11,962,473. Although the claims at issue are not identical, they are not patentably distinct from each other because the scope of the instant claims is anticipated by the patented claims. For example, compare instant claim 15 with patented claim 1:
U.S. Pat. 11,962,473
App. No. 19/224,443
1. A method for monitoring data transport in a network function virtualization network, the method comprising:
15. A method for monitoring data transport in a network, the method comprising:
receiving, at a network function virtualization (NFV) node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect path tracing information from nodes of an NFV chain, the NFV node being configured to include its MCD in the MCD stack of the path tracing packet, wherein the MCD of the NFV node contains a Wide Local Path Tracing Identification (WL PT ID);
receiving, at a node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect path tracing information from nodes of a network, the node being configured to include an MCD in the MCD stack of the path tracing packet, wherein the MCD contains a Wide Local Path Tracing Identification (WL PT ID);
passing the path tracing packet through the NFV chain;
passing the path tracing packet through the nodes of the network;
using the path tracing packet to collect the path tracing information from the nodes of the NFV chain; and
using the path tracing packet to collect the path tracing information from the nodes of the network; and
analyzing the path tracing information to determine which of the nodes the path tracing packet passed through and an amount of time taken for the path tracing packet to pass through the NFV chain.
analyzing the collected path tracing information to determine which of the nodes the path tracing packet passed through and an amount of time taken for the path tracing packet to pass through the network.
Instant dependent claims 16-20 are also anticipated by the patented claims.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art with regards to 35 U.S.C. 102 and 35 U.S.C. 103, pending the nonstatutory double patenting rejections above.
The following is a statement of reasons for the indication of allowable subject matter:
While the use of a path tracing packet having a MCD stack is known in the art, Examiner finds the inventive concept of the packet containing a WL PT ID to indicate and cause the packet to collect load information to be novel (Specification, ¶[0041a]-[0043]). That is, the prior art of record does not teach, suggest, or render obvious the specific method, system, and product as set forth in the Specification, ¶[0063]-[0068], Fig. 5, and recited in independent claims 1, 8, and 15, in particular comprising:
receiving, at a node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect load information for interfaces for nodes in the network, wherein the MCD stack of the path tracing packet contains a Wide Local Path Tracing Identification (WL PT ID) indicating that the path tracing packet is configured to collect the load information;
using the path tracing packet to collect the load information from the nodes of the network (claim 1, emphasis added; similarly recited in claim 8).
receiving, at a node, a path tracing packet having a Midpoint Compressed Data (MCD) stack to collect path tracing information from nodes of a network, the node being configured to include an MCD in the MCD stack of the path tracing packet, wherein the MCD contains a Wide Local Path Tracing Identification (WL PT ID);
using the path tracing packet to collect the path tracing information from the nodes of the network (claim 15).
These limitations, in conjunction with the other limitations of the independent claims, are allowable over the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSEPH R MANIWANG whose telephone number is (571)270-7257. The examiner can normally be reached 8:30AM - 4:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Wing F Chan can be reached at (571) 272-7493. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSEPH R MANIWANG/Primary Examiner, Art Unit 2453
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