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 .
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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12363042 and claims 1-20 of U.S. Patent No. 12052172. Although the claims at issue are not identical, they are not patentably distinct from each other because conflicting claims are in a patent by the same inventive entity (see further details in below table).
instant application
Patent 12363042
patent 12052172
claims 21,34,38 (21 exemplary)
A computer-implemented method comprising:
receiving, by a service of a cloud infrastructure, traffic associated with a customer tenancy hosted by the cloud infrastructure,
wherein the traffic is received from an origin network location that includes either a first network location associated with the customer tenancy or a second network location of a multi-service tenancy hosting services for multiple customer tenancies,
wherein the traffic includes an origin network identifier that identifies an origin network from which the traffic originated and an egress location identifier that identifies an egress location of the traffic from the origin network;
determining, by the service, an action to be performed on the traffic based on an egress policy associated with the customer tenancy, wherein the action includes either allowing or disallowing the traffic, and
wherein the egress policy indicates whether the traffic is to be allowed or disallowed based on the origin network identifier and the egress location identifier; and
performing, by the service, the action on the traffic.
claims 25,39 (25 exemplary)
The computer-implemented method of claim 21, wherein:
the traffic is tagged by a gateway corresponding to the origin network location with the origin network identifier; and
the origin network identifier is different from an internet protocol address.
claims 26,40 (26 exemplary)
The computer-implemented method of claim 25, wherein:
the egress location identifier comprises a cloud identifier (CID);
a data plane identifier (DPID) is translated into the CID; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on the CID.
claim 27
The computer-implemented method of claim 21, wherein determining the action comprises:
sending the egress location identifier (second identifier) to a data store storing the egress policy; and
receiving a response indicating the action, wherein the response is generated based on the egress policy, and wherein the egress policy indicates whether the traffic is to be allowed or disallowed further based on the egress location identifier.
claim 28
The computer-implemented method of claim 21, wherein:
determining the action comprises: sending the egress location identifier;
receiving a first response that includes a provided egress location identifier of the egress location of the traffic from the origin network,
wherein the provided egress location identifier corresponds to a translation of the egress location identifier;
sending the provided egress location identifier to a data store storing egress policies; and
receiving a second response indicating the action;
the second response is generated based on the egress policy; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on the provided egress location identifier.
Claim 29
The computer-implemented method of claim 21, wherein:
the traffic includes network information; the network information includes the origin network identifier and the egress location identifier; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on then origin network identifier and the egress location identifier.
Claim 32
The computer-implemented method of claim 21, wherein:
the traffic is received from the second network location;
the second network location corresponds to a gateway that handles egress traffic for the multiple customer tenancies and tags the traffic with a cloud identifier (CID) to indicate that the traffic is associated with the customer tenancy;
the CID is generated based on a registration of the service by the multi-service tenancy for the customer tenancy; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on the CID.
Claim 33
33. The computer-implemented method of claim 21, wherein:
the traffic is received from the first network location;
the first network location belongs to an on-premise network of a customer of the customer tenancy and is associated with a cloud identifier (CID) such that the first network location is represented as belonging to a virtual cloud network of the customer tenancy;
the CID is generated based on a registration of the first network location; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on the CID.
claims 1, 12, 16 (1 exemplary)
A computer-implemented method comprising:
receiving, by a service of a service tenancy of a cloud infrastructure, traffic of a customer that is associated with a customer tenancy hosted by the cloud infrastructure,
wherein the traffic is received from a network location and is destined to the service of the service tenancy,
wherein the network location includes either a first network location of a network associated with the customer or a second network location of a multi-service tenancy hosting services for multiple customer tenancies,
wherein the traffic is tagged by a gateway corresponding to the network location with an identifier of the network location, wherein the identifier is different from an internet protocol address, and
wherein the identifier includes a data plane identifier (DPID),
wherein the DPID is translated into a cloud identifier (CID), and wherein the CID is used to determine an egress policy associated with the customer tenancy;
determining, by the service of the service tenancy, an action to be performed on the traffic based on the egress policy,
wherein the action includes either allowing or disallowing the traffic, and wherein the egress policy indicates whether the traffic is to be allowed or disallowed based on the network location; and
performing, by the service of the service tenancy, the action on the traffic..
claim 5,19 (5 exemplary)
The computer-implemented method of claim 1, wherein the traffic includes network information, wherein
the network information includes a first identifier of a network from which the traffic originated, a source internet protocol (IP) address, and a second identifier the network location from which the traffic egresses the network, and wherein determining the action comprises:
sending, to a data store storing egress policies, at least a portion of the network information, wherein the portion includes the second identifier; and receiving a response indicating the action, wherein the response is generated based on the egress policy.
claim 6
The computer-implemented method of claim 1, wherein the traffic includes network information, wherein the network information includes a first identifier of a network from which the traffic originated, a source internet protocol (IP) address, and a second identifier of the network location from which the traffic egresses the network, and wherein determining the action comprises:
sending at least a portion of the network information, wherein the portion includes the second identifier;
receiving a first response indicating a third identifier of the network location, wherein the third identifier corresponds to a translation of the second identifier;
sending, to a data store storing egress policies, at least the third identifier; and receiving a second response indicating the action, wherein the second response is generated based on the egress
policy.
claim 7
The computer-implemented method of claim 1, wherein the traffic includes network information, wherein
the network information includes a first identifier of a virtual cloud network from which the traffic originated, a source internet protocol (IP) address, and the DPID of the network location from which the traffic egresses the network.
10. The computer-implemented method of claim 1, wherein the traffic is received from the second network location, wherein the second network location corresponds to a gateway that handles egress traffic of the services and tags the traffic with a cloud identifier (CID) to indicate that the traffic is associated with the customer tenancy, and wherein the CID is generated based on a registration of a service by the multi-service tenancy for the customer tenancy.
11. The computer-implemented method of claim 1, wherein the traffic is received from the first network location, wherein the first network location belongs to an on-premise network of the customer and is associated with a cloud identifier (CID) such that the first network location is represented as belonging to a virtual cloud network of the customer tenancy, and wherein the CID is generated based on a registration of the first network location.
claim 17
The system of claim 12, wherein the traffic is tagged by a gateway corresponding to the network location with an identifier of the network location, wherein the identifier is different from an internet protocol address.
claims 1, 8, 15 (1 exemplary)
A computer-implemented method comprising:
receiving, by a gateway having a network location that belongs to a multi-customer tenancy hosting services for multiple customer tenancies hosted by a cloud infrastructure, traffic of a first service hosted by the multi-customer tenancy for a customer, wherein the traffic is destined to a second service of a service tenancy of the cloud infrastructure, and wherein the customer is associated with a customer tenancy hosted by the cloud infrastructure;
tagging, by the gateway, the traffic with a first identifier of the network location and a second identifier of the customer tenancy, wherein: the first identifier is different from a network address of the gateway and includes a data plane identifier (DPID) of the gateway,
the first identifier and the second identifier are associated with an egress policy of the customer, the DPID is translated into a cloud identifier (CID) that is used to determine the egress policy and that is generated based on a registration of the network location by the customer in association with defining the egress policy, and
the egress policy indicates whether the traffic is to be allowed or disallowed based on the network location; and
sending, by the gateway, the traffic after being tagged to the second service of the service tenancy.
claims 2,9, (2 exemplary)
The system of claim 8, wherein the network location includes either a first network location of a network associated with the customer or a second network location of a multi-customer tenancy hosting services for multiple customer
tenancies.
claims 5, 12,19 (5 exemplary)
The computer-implemented method of claim 1, wherein tagging the traffic comprises including, in the traffic, the first identifier, the second identifier, and a source internet protocol (IP) address.
claims 7, 14 (7 exemplary)
The computer-implemented method of claim 5, further comprising:
receiving, by the second service of the service tenancy, the traffic;
determining, by the second service of the service tenancy, an action to be performed on the traffic based on a lookup of the egress policy, wherein the action includes either allowing or disallowing the traffic, and wherein the lookup is based on the second identifier; and
performing, by the second service of the service tenancy, the action on the traffic.
Claims 22,35 (22 exemplary)
The computer-implemented method of claim 21, wherein:
the traffic is received from the first network location; and the first network location belongs to an on-premise network of a customer of the customer tenancy and is associated with a cloud identifier such that the first network location is represented as belonging to a virtual cloud network of the customer tenancy.
claims 2,13 (2 exemplary)
The computer-implemented method of claim 1, wherein the traffic is received from the first network location, wherein the first network location belongs to an on-premise network of the customer and is associated with a cloud identifier such that the first network location is represented as belonging to a virtual cloud network of the customer tenancy.
claims 3, 10, 17 (3 exemplary)
The computer-implemented method of claim 2,
wherein the traffic is received from the first network location, wherein the first network location belongs to an on-premise network of the customer and is associated with a cloud identifier such that the first network location is represented as belonging to a virtual cloud network of the customer tenancy.
Claims 23,36 (23 exemplary)
The computer-implemented method of claim 21, wherein:
the traffic is received from the first network location; the customer tenancy includes a virtual cloud network; and the first network location belongs to the virtual cloud network.
claims 3,14 (3 exemplary)
The computer-implemented method of claim 1, wherein the traffic is received from the first network location, wherein the customer tenancy includes a virtual cloud network, and wherein the first network location belongs to the virtual cloud network.
claims 4, 11,18 (4 exemplary)
The computer-implemented method of claim 2, wherein the traffic is received from the first network location, wherein the customer tenancy includes a virtual cloud network, and wherein the first network location belongs to the virtual cloud network.
Claims 24,37 (24 exemplary)
The computer-implemented method of claim 21, wherein:
the traffic is received from the second network location; and
the second network location corresponds to a gateway that handles egress traffic for the multiple customer tenancies and tags the traffic as being associated with the customer tenancy.
claims 4,15 (4 exemplary)
The computer-implemented method of claim 1, wherein
the traffic is received from the second network location, wherein the second network location corresponds to the gateway that handles egress traffic of the services and tags the traffic as being associated with the customer tenancy.
Claim 30
The computer-implemented method of claim 29, wherein the network information is included in one or more IP options fields of a packet that corresponds to the traffic
claim 8,19 (8 exemplary)
The computer-implemented method of claim 7, wherein the network information is included in one or more
IP options fields of a packet that corresponds to the traffic.
claim 6,13,20 (6 exemplary)
The computer-implemented method of claim 5, wherein the first identifier, the second identifier, and the source IP address are included in one or more IP options fields of a packet that corresponds to the traffic.
Claim 31
The computer-implemented method of claim 30, wherein:
receiving the traffic includes receiving a Hypertext Transfer Protocol (HTTP) or a proxy protocol version two (PPV2) header that includes a cloud identifier (CID) corresponding to a translation of a data plane identifier (DPID) of the egress location of the traffic from the origin network; and determining the action comprises:
sending, to an identity data plane, the CID; and
receiving a response from the identity data plane indicating the action;
the response is generated by the identity data plane based on the egress policy; and
the egress policy indicates whether the traffic is to be allowed or disallowed further based on the CID
claim 9,20 (9 exemplary)
The computer-implemented method of claim 8,
wherein receiving the traffic includes receiving a Hypertext Transfer Protocol (HTTP) or a proxy protocol version two
(PPV2) header that includes the CID corresponding to a translation of the DPID, and wherein determining the action comprises:
sending, to an identity data plane, at least the CID; and
receiving a response from the identity data plane indicating the action, wherein the response is generated by the identity data plane based on the egress policy.
claim 18
The system of claim 17, wherein the identifier includes the DPID, wherein the DPID is translated into a cloud identifier (CID), and wherein the CID is used to determine the egress policy.
Furthermore, where claims in the instant application are broader than the claims of the ‘042 patent and ‘172 patent, it would have been obvious to one of ordinary skill in the art at the time the invention was made to omit elements when the remaining elements perform as before. A person of ordinary skill could have arrived at the present claims by omitting the details of the ‘172 patent claims. See In re Karlson (CCPA) 136 USPQ 184, decided January 16, 1963 ("Omission of element and its function in combination is obvious expedient if remaining elements perform same function as before").
Conclusion
The following prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
A) US 20220209993 – Shilimkar
Techniques and apparatus for data networking are described. In one example, a method includes receiving a first Layer-2 Remote Direct Memory Access (RDMA) packet which includes a virtual local area network (VLAN) tag and a quality-of-service (QoS) data field; converting the first Layer-2 RDMA packet to a first Layer-3 encapsulated packet; and forwarding the first Layer-3 encapsulated packet to a switch fabric. In this method, the converting includes adding at least one header to the first Layer-2 RDMA packet, where the at least one header includes: a virtual network identifier that is based on information from the VLAN tag, and a QoS value that is based on information from the QoS data field.
B) US 20240086218 – Olazabal
Techniques are described for transmitting metric data between tenancies. Metric data is gathered for resources within a customer tenancy of a multi-tenant environment. This metric data is sent to a service tenancy of the multi-tenant environment, where the service tenancy is separate from the customer tenancy. The metric data is validated and preprocessed within the service tenancy to make sure that all required fields (such as key-value pairs) are located within the metric data. The preprocessed metric data is then sent to a telemetry service for analysis.
C) US 20250175421 – Chandraprabhuraju
Novel techniques are described for routing of overlay packets within overlay networks in a cloud environment. A network device, located in the data path between a compute instance in an overlay network that is the source of a packet and a compute instance in the overlay network that is the intended destination of the packet, is able to route the packet using only special encoded information included in the packet's header when the packet is received by the network device. The special encoded information is in the form of a special encoded address (e.g., an encoded IP address) that is included in a field of the packet's header. The special encoded address encodes various different pieces of information that are used by the network devices in the data path from the source compute instance to the destination compute instance to route the packet in the overlay network.
D) US 20250112898 - Spasov
The present disclosure relates to intelligent network encryption of traffic between a source and a destination. In an example, a network element receives, during a session between the source and the destination, first traffic exchanged between the source and the destination. The network element determines whether a traffic exchange between the source and the destination is expected to be secured by at least one of the source or the destination at any of a network layer, a transport layer, or an application layer. The network element generates a decision whether to secure the first session at the network layer based on whether the traffic exchange is expected to be secured or unsecured. The network element implements the decision on at least one of the first traffic or second traffic exchanged between the source and the destination during the first session.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JUNE SISON whose telephone number is (571)270-5693. The examiner can normally be reached 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel Moise can be reached at 571-272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JUNE SISON/Primary Examiner, Art Unit 2455
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