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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 18 June 2025 has been 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 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,363,084. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application represent a broadening of the subject matter of the claims of the ‘084 Patent and on this basis, the claims of the ‘084 patent anticipate the claims of the instant application.
As to claim 1, the ‘084 Patent discloses a device, comprising (Claim 17: A network device, comprising):
a processing system including a processor (Claim 17: a processor); and
a memory that stores executable instructions that, when executed by the processing system, facilitate performance of operations, the operations comprising (Claim 17: and a memory that stores executable instructions that, when executed by the processor, facilitate performance of operations, comprising):
identifying a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters including a priority value for the data item (Claim 1: identifying, by routing equipment comprising a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node, a security importance parameter applicable to a security applicable to transmission, and a priority value for the data item);
segmenting the data item into data segments comprising a first data segment and a second data segment (Claim 1: segmenting, by the routing equipment, the data item into data segments comprising a first data segment and a second data segment); and
based on the priority value, selecting a first network slice for transmission of the first data segment and selecting a second network slice for transmission of the second data segment (Claim 1: and based on the transmission profile, selecting, by the routing equipment, a first network route and a second network route for a transmission of the data segments.).
As to claim 2, the ‘084 Patent discloses the device of claim 1, wherein the transmission parameters comprise an availability importance parameter applicable to an availability of the data item by the destination node (Claim 1: wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node).
As to claim 3, the ‘084 Patent discloses the device of claim 2, wherein the operations comprise selecting a first network route for the first data segment based on the availability importance parameter and selecting a second network route for the second data segment based on the availability importance parameter (Claim 2: The method of claim 1, further comprising, based on the transmission profile, routing, by the routing equipment, the first data segment to be transmitted via the first network route and the second data segment to be transmitted via the second network route.).
As to claim 4, the ‘084 Patent discloses the device of claim 3, wherein the first network route traverses the first network slice, wherein the second network route traverses the second network slice (Claim 16: The method of claim 1, wherein a first portion of the first network route traverses a first network slice, and a second portion of the second network route travers a second network slice.).
As to claim 5, the ‘084 Patent discloses the device of claim 1, wherein the transmission parameters comprise a security parameter (Claim 1: a security importance parameter applicable to a security applicable to transmission).
As to claim 6, the ‘084 Patent discloses the device of claim 5, wherein the operations comprise selecting a third network route for the first data segment based on the security parameter and selecting a fourth network route for the second data segment based on the security parameter (Claim 2: The method of claim 1, further comprising, based on the transmission profile, routing, by the routing equipment, the first data segment to be transmitted via the first network route and the second data segment to be transmitted via the second network route.).
As to claim 7, the ‘084 Patent discloses the device of claim 6, wherein the third network route traverses the first network slice, wherein the fourth network route traverses the second network slice (Claim 16: The method of claim 1, wherein a first portion of the first network route traverses a first network slice, and a second portion of the second network route travers a second network slice.).
As to claim 8, the ‘084 Patent discloses the device of claim 6, wherein the selecting of the third network route comprises identifying a first security level associated with the third network route, wherein the selecting of the fourth network route comprises identifying a second security level associated with the fourth network route (Claim 4: The method of claim 1, further comprising: identifying, by the routing equipment, a security level of the first network route, and based on the security level, selecting, by the routing equipment, an encryption level for selected data segments of the data segments that were selected to be transmitted via the first network route).
As to claim 9, the ‘084 Patent discloses the device of claim 6, wherein the selecting of the third network route comprises identifying a first encryption level associated with the third network route, wherein the selecting of the fourth network route comprises identifying a second encryption level associated with the fourth network route (Claim 4: The method of claim 1, further comprising: identifying, by the routing equipment, a security level of the first network route, and based on the security level, selecting, by the routing equipment, an encryption level for selected data segments of the data segments that were selected to be transmitted via the first network route).
As to claim 10, the ‘084 Patent discloses the device of claim 1, wherein the transmission parameters comprise a latency parameter (Claim 8: The method of claim 1, wherein the availability importance parameter comprises a latency importance parameter).
As to claim 11, the ‘084 Patent discloses the device of claim 10, wherein the operations comprise selecting a fifth network route for the first data segment based on the latency parameter and selecting a sixth network route for the second data segment based on the latency parameter (Claim 2: The method of claim 1, further comprising, based on the transmission profile, routing, by the routing equipment, the first data segment to be transmitted via the first network route and the second data segment to be transmitted via the second network route.).
As to claim 12, the ‘084 Patent discloses the device of claim 11, wherein the fifth network route traverses the first network slice, wherein the sixth network route traverses the second network slice (Claim 16: The method of claim 1, wherein a first portion of the first network route traverses a first network slice, and a second portion of the second network route travers a second network slice.).
As to claim 13, the ‘084 Patent discloses a non-transitory machine-readable medium comprising executable instructions that, when executed by a processor of transmission controller equipment, facilitate performance of operations, the operations comprising (Claim 19: A non-transitory machine-readable medium comprising executable instructions that, when executed by a processor of transmission controller equipment, facilitate performance of operations, the operations comprising):
identifying a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising a latency value for the data item (Claim 1: identifying, by routing equipment comprising a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node, a security importance parameter applicable to a security applicable to transmission, and a priority value for the data item. AND Claim 8: The method of claim 1, wherein the availability importance parameter comprises a latency importance parameter);
segmenting the data item into data segments comprising a first data segment and a second data segment (Claim 1: segmenting, by the routing equipment, the data item into data segments comprising a first data segment and a second data segment); and
based on the latency value, selecting a first network slice for transmission of the first data segment and selecting a second network slice for transmission of the second data segment (Claim 1: and based on the transmission profile, selecting, by the routing equipment, a first network route and a second network route for a transmission of the data segments.).
As to claim 14, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 13, wherein the transmission parameters comprise a priority value (Claim 1: identifying, by routing equipment comprising a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node, a security importance parameter applicable to a security applicable to transmission, and a priority value for the data item.).
As to claim 15, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 14, wherein the operations comprise selecting a first network route for the first data segment based on the priority value and selecting a second network route for the second data segment based on the priority value (Claim 2: The method of claim 1, further comprising, based on the transmission profile, routing, by the routing equipment, the first data segment to be transmitted via the first network route and the second data segment to be transmitted via the second network route.).
As to claim 16, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 15, wherein the first network route traverses the first network slice, wherein the second network route traverses the second network slice (Claim 16: The method of claim 1, wherein a first portion of the first network route traverses a first network slice, and a second portion of the second network route travers a second network slice.).
As to claim 17, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 13, wherein the transmission parameters comprise a security parameter (Claim 1: identifying, by routing equipment comprising a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node, a security importance parameter applicable to a security applicable to transmission, and a priority value for the data item.).
As to claim 18, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 17, wherein the operations comprise selecting a third network route for the first data segment based on the security parameter and selecting a fourth network route for the second data segment based on the security parameter (Claim 2: The method of claim 1, further comprising, based on the transmission profile, routing, by the routing equipment, the first data segment to be transmitted via the first network route and the second data segment to be transmitted via the second network route.).
As to claim 19, the ‘084 Patent discloses the non-transitory machine-readable medium of claim 18, wherein the third network route traverses the first network slice, wherein the fourth network route traverses the second network slice (Claim 16: The method of claim 1, wherein a first portion of the first network route traverses a first network slice, and a second portion of the second network route travers a second network slice.).
As to claim 20, the ‘084 Patent discloses a method, comprising (Claim 1: A method, comprising):
identifying, by a processing system including a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising a security parameter (Claim 1: identifying, by routing equipment comprising a processor, a transmission profile for a data item for transmission to a destination node via a network, wherein the transmission profile comprises transmission parameters comprising an availability importance parameter applicable to an availability of the data item by the destination node, a security importance parameter applicable to a security applicable to transmission, and a priority value for the data item);
segmenting, by the processing system, the data item into data segments comprising a first data segment and a second data segment (Claim 1: segmenting, by the routing equipment, the data item into data segments comprising a first data segment and a second data segment); and
based on the security parameter, selecting, by the processing system, a first network slice for transmission of the first data segment and selecting, by the processing system, a second network slice for transmission of the second data segment (Claim 1: and based on the transmission profile, selecting, by the routing equipment, a first network route and a second network route for a transmission of the data segments).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2005/0097357 by Smith discloses security labeling for network routing
U.S. Patent Application Publication No. 2007/0086339 by Briggs discloses QoS routing in a network
U.S. Patent No. 7,315,541 to Housel et al. discloses security level routing
U.S. Patent Application Publication No. 2008/00870371 by Liu et al. discloses routing based on bandwidth and security
U.S. Patent Application Publication No. 2008/0101367 by Weinman discloses security based routing
U.S. Patent Application Publication No. 2011/0066851 by Bello et al. discloses a secure router based on security levels
U.S. Patent No. 10,097,448 by Howard et al. discloses security based routing
U.S. Patent Application Publication No. 2018/0331946 by Olofsson et al. discloses QoS based routing
U.S. Patent Application Publication No. 2020/0076527 by Williams et al. discloses parameter based routing
U.S. Patent Application Publication No. 2024/0223583 by Pasini et al. discloses routing based on security level
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S MCNALLY whose telephone number is (571)270-1599. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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MICHAEL S. MCNALLY
Primary Examiner
Art Unit 2432
/Michael S McNally/Primary Examiner, Art Unit 2432
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