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.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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, 10, 12-16 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 7, 9 and 11-14 of U.S. Patent No. 12332964 (hereinafter ‘964).
Although the claims at issue are not identical, they are not patentably distinct from each other because each of the instant enumerated claims (with exception of instant clam 20) in following table is anticipated by a correspondingly mapped ‘964 claim.
Instant claim 20 is a system claim with “means for” limitations and ‘964 claim 1 is a method claim. Although the claims are directed to different statutory classes of invention, the claims are not patentably distinct. It would have been obvious ton one of ordinary skill in the art, in view of invention defined by ‘964 claim 1, to provide a system comprising the corresponding structures for carrying out the recited method steps. The motivation would have been for a practitioner to employ the structures necessary to perform or implement the patented method steps.
Instant claims
‘964 claims
1. A computer-implemented method executed by an edge computing system, the computer-implemented method comprising:
transmitting an edge request for a webpage using a network;
analyzing, using an analysis, a response to the edge request;
identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
caching, using a cache, the collection of static content document objects in the genericized static version of the webpage;
receiving, a client request for the webpage;
transmitting, in response to receiving the client request for the webpage, the genericized static version of the webpage from the cache using the network;
transmitting a second edge request for the collection of dynamic content document objects in the webpage using the network;
receiving the collection of dynamic content document objects in response to the second edge request; and
transmitting the collection of dynamic content document objects, as received in response to the second edge request, using the network.
10. The computer-implemented method of claim 1, wherein: the collection of dynamic content document objects comprises a set of tags and a set of text strings; and the set of genericized versions of the collection of dynamic content document objects comprise a set of tags.
12. The computer-implemented method of claim 1, wherein the edge computing system is a distributed edge computing system.
13. The computer-implemented method of claim 1, wherein: caching the collection of static content document objects comprises caching the genericized static version of the webpage; and transmitting the collection of static content document objects from the cache using the network comprises transmitting the genericized static version of the webpage using the network.
14. The computer-implemented method of claim 1, further comprising: transmitting a script, using the network, to process the collection of dynamic content document objects.
15. The computer-implemented method of claim 14, wherein: transmitting the collection of dynamic content document objects using the network comprises sending a set of regular expressions using the network with reference to a hypertext markup language encoding of the webpage; and the script comprises instructions on how to use the set of regular expressions to replace the set of genericized versions of the collection of dynamic content document objects with the collection of dynamic content document objects.
16. One or more non-transitory computer-readable media storing computer executable instructions that, when executed by an edge computing system, causes the edge computing system to execute a computer-implemented method comprising:
transmitting an edge request for a webpage using a network;
analyzing, using an analysis, a response to the edge request;
identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
caching, using a cache, the genericized static version of the webpage;
receiving, a client request for the webpage;
transmitting, in response to receiving the client request for the webpage, the genericized static version of the webpage from the cache using the network;
transmitting a second edge request for the collection of dynamic content document objects in the webpage using the network;
receiving the collection of dynamic content document objects in response to the second edge request; and
transmitting the collection of dynamic content document objects, as received in response to the second edge request, using the network.
20. An edge computing system comprising:
a means for transmitting a first edge request for a webpage using a network;
a means for analyzing, using an analysis, a first response to the first edge request;
a means for identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
a means for generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
a means for caching the genericized static version of the webpage, wherein the means for caching includes a cache;
a means for receiving a client request for the webpage;
a means for transmitting the genericized static version of the webpage from the cache using the network in response to receiving the client request for the webpage;
a means for transmitting a second edge request for the collection of dynamic content document objects using the network;
a means for receiving the collection of dynamic content document objects in response to the second edge request; and
a means for transmitting the collection of dynamic content document objects, as received in response to the second edge request, using the network.
1. A computer-implemented method executed by an edge computing system, the computer-implemented method comprising:
transmitting a first edge request for a webpage using a network;
transmitting a second edge request for the webpage using the network;
analyzing, using an analysis, a first response to the first edge request and a second response to the second edge request;
identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
caching, using a cache, the collection of static content document objects;
receiving, a client request for the webpage;
transmitting in response to receiving the client request for the webpage: (i) the collection of static content document objects from the cache using the network; and (ii) a third edge request for the collection of dynamic content document objects using the network;
receiving the collection of dynamic content document objects in response to the third edge request; and
transmitting the collection of dynamic content document objects, as received in response to the third edge request using the network.
11. The computer-implemented method of claim 1, wherein: the collection of dynamic content document objects comprises a set of tags and a set of text strings; and the set of genericized versions of the collection of dynamic content document objects comprise the set of tags and a set of spaces in place of the set of text strings.
7. The computer-implemented method of claim 1, wherein the edge computing system is a distributed edge computing system.
9. The computer-implemented method of claim 1, wherein: caching the collection of static content document objects comprises caching the genericized static version of the webpage; and transmitting the collection of static content document objects from the cache using the network comprises transmitting the genericized static version of the webpage using the network.
12. The computer-implemented method of claim 1, further comprising: transmitting a script, using the network, to process the collection of dynamic content document objects.
13. The computer-implemented method of claim 12, wherein: transmitting the collection of dynamic content document objects using the network comprises sending a set of regular expressions using the network with reference to a hypertext markup language encoding of the webpage; and the script comprises instructions on how to use the set of regular expressions to replace the set of genericized versions of the collection of dynamic content document objects with the collection of dynamic content document objects.
14. One or more non-transitory computer-readable media storing computer executable instructions that, when executed by an edge computing system, causes the edge computing system to execute a computer-implemented method comprising:
transmitting a first edge request for a webpage using a network;
transmitting a second edge request for the webpage using the network;
analyzing, using an analysis, a first response to the first edge request and a second response to the second edge request;
identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
caching, using a cache, the collection of static content document objects;
receiving a client request for the webpage;
transmitting in response to receiving the client request for the webpage: (i) the collection of static content document objects from the cache using the network; and (ii) a third edge request for the collection of dynamic content document objects using the network;
receiving the collection of dynamic content document objects in response to the third edge request; and
transmitting the collection of dynamic content document objects, as received in response to the third edge request using the network.
1. A computer-implemented method executed by an edge computing system, the computer-implemented method comprising:
transmitting an edge request for a webpage using a network;
analyzing, using an analysis, a response to the edge request;
identifying, based on the analysis, a collection of dynamic content document objects on the webpage, wherein the webpage comprises the collection of dynamic content document objects and a collection of static content document objects;
generating a genericized static version of the webpage, wherein the genericized static version of the webpage includes the collection of static content document objects and a set of genericized versions of the collection of dynamic content document objects;
caching, using a cache, the collection of static content document objects in the genericized static version of the webpage;
receiving, a client request for the webpage;
transmitting, in response to receiving the client request for the webpage, the genericized static version of the webpage from the cache using the network;
transmitting a second edge request for the collection of dynamic content document objects in the webpage using the network;
receiving the collection of dynamic content document objects in response to the second edge request; and
transmitting the collection of dynamic content document objects, as received in response to the second edge request, using the network.
Allowable Subject Matter
Claims 2-9, 11 and 17-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
a. Lu US 20190213230
b. Dubrovsky US 20090049243
c. Singhal USP 7096418
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAYTON R WILLIAMS whose telephone number is (571)270-3801. The examiner can normally be reached M-F 10:00am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Taylor can be reached at 571-272-3889. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CLAYTON R WILLIAMS/Primary Examiner, Art Unit 2443
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