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 claims at issue 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); and 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 a nonstatutory double patenting ground provided the reference application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
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Claims 2-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of U.S. Patent 12,341,873. Although the claims at issue are not identical, they are not patentably distinct from each other because aside from a few minor differences, these claims contain the same limitations and perform the same functions.
Allowable Subject Matter
Claims 2-19 would be in condition for allowance if the Double Patenting rejection was obviated.
The following is an examiner’s statement of reasons for allowance:
Regarding Claims 1, 8, and 14, the closest prior art of record, Kida et al., (US 20220103536 A1), Niell et al., (US 20210150074 A1), Mundt et al., (US 20210226935 A1) teaches the environment utilizing an overlay software defined network (SDN), the computer system comprising: a computer including: a computer processor; a memory controller coupled to the computer processor; computer memory coupled to the computer processor and the memory controller; a computer peripheral device interface coupled to the computer processor and to the computer memory; and computer non-transitory storage for programs to execute from computer memory on the computer processor, wherein the computer processor and the memory controller are configured to provide secure memory areas within the computer memory and session encryption key storage for encryption keys used for IPsec communications between a local program and a remote program over a network within the secure memory areas; wherein the computer processor is configured to execute programs from secure memory areas; wherein the computer non-transitory storage includes a local program to be executed from a secure memory area, wherein the local program is configured to operate with data stored within the secure memory area, wherein the local program is configured for communicating data contained in the secure memory area to a remote computer over a network according to an IPsec protocol; and a network interface controller (NIC) for connection to the computer and the network, the NIC including: a NIC peripheral device interface for connection to the computer; a network interface for connection to the network; and wherein the NIC stores communication data in transit and session encryption keys used for the communications between the local program and the remote program over the network, wherein the NIC is configured to encrypt data packets leaving the NIC through the network interface and decrypt data packets entering the NIC through the network interface using the stored session encryption keys, wherein the local program and the NIC are configured to exchange security associations (SAs).
However, the references do not explicitly teach nor suggest in detail, A computer system for operating in an environment having an underlay cloud physical network, an environment SDN domain coupled to the network interface, wherein the environment SDN domain does not have access to communication data in transit and the stored session encryption keys, wherein the environment SDN domain stores a table of packet headers used by the underlay cloud physical network and other underlay cloud physical network information, wherein the environment SDN domain determines underlay cloud physical network headers appropriate for a data packet, wherein the local program is configured to provide a local session primary encryption key to the NIC, wherein the local program is configured to request at least one of a local SA or IPsec transforms and additional attributes from the NIC, wherein the NIC is configured to request a virtual network identifier (VNI) and underlay source and destination IP mapping for an overlay source and destination IP from the environment SDN domain, wherein, when the local program is configured to request a local SA, the NIC is configured to develop a local SA, the local SA including a local derived session encryption key developed using the local session primary encryption key and at least one field contained in the packets being exchanged, after receiving the VNI and underlay source and destination IP mapping from the environment SDN domain, including selecting a Security Parameter Index (SPI) for the local program, and to provide the local SA to the local program, wherein, when the local program is configured to request IPsec transforms and additional attributes, the local program is configured to develop a local SA including selecting an SPI, a local derived session encryption key developed using the local session primary encryption key and at least one field contained in the packets being exchanged and elements from the requested IPsec transforms and additional attributes, wherein the local program is configured to exchange CREATE_CHILD_SA requests with the remote program to exchange SAs including local and remote derived session encryption keys with the remote program, wherein the local program is configured to provide the local SA and the remote SA including the remote derived session encryption key to the NIC, wherein the NIC is configured to use the remote SA to encrypt egress packets using the remote derived session encryption key and decrypt ingress packets using a local derived session encryption key developed using the local session primary encryption key and at least one field contained in the packets being exchanged with the remote program in underlay transmissions and receptions, wherein the local program is configured to direct provision of a data packet to the NIC for transmission in packets to the remote program, wherein the NIC is configured to transfer data packet header information to the environment SDN domain to allow the environment SDN domain to provide headers including an underlay MAC header, an underlay IP header, an ESP header placeholder, a UDP header, a network virtualization header, an overlay MAC header, and overlay IP header, wherein the NIC is configured to develop the packet with headers from the environment SDN domain; to populate the ESP header, add any ESP pad, and add an ESP next header field, wherein the NIC encrypts the UDP header, network virtualization header, overlay MAC header, overlay IP header, payload, padding and ESP next header using the proper encryption key for transmission to the remote program, wherein the NIC transmits the encrypted packet over the network interface to the remote program, wherein the NIC receives an encrypted packet from the remote program through the network interface and decrypts the packet using an encryption key referenced by at least one field contained in the received packet, and wherein the decrypted packet is provided to the local program in view of other limitations of the intervening claims.
Thus the prior arts of record taking singly or in combination do not teach or suggest the above-stated limitations taking wholly in combination with all the elements of each independent claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW J STEINLE whose telephone number is (571)272-9923. The examiner can normally be reached M-F 10am-6pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni Shiferaw can be reached at (571) 272-3867. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW J STEINLE/Primary Examiner, Art Unit 2497
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