DETAILED ACTION
Claim 1 is pending.
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/24/2026 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.
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.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,363,184 and claim 1 of U. S. Patent No. 11, 729,240. Although the claims at issue are not identical, they are not patentably distinct from each other because they are all directed to a fanout processor configured to receive a plurality of market data streams, receive a plurality of transmission rates, indicating a number of market data messages to send per nanoseconds.
Application 19/246,870
U.S. Patent No. 12,363,184
Claim 1:
A programmable integrated circuit comprising: a register; a plurality of transmission control protocol (TCP) client circuits, each TCP client circuit being configured to receive market data from a respective trade matching engine;
A plurality of TCP server circuits, each TCP server circuit being configured to send the received market data to a respective market data gateway;
A fanout circuity communicatively coupled to the TCP client circuit, the TCP service circuit, and the register, the fanout circuit being configured to:
Receive a plurality of market data streams from the TCP client circuits;
Receive, form the register, a plurality of transmission rates, each transmission rate indicating a number of market data messages to send per nanosecond to a given market data gateway; and
Instruct each TCP server circuit to send the received market data at a respective transmission rate retrieved form the register, each transmission rate being based on a rate that the respective market data gateway consumes the market data messages
Claim 1: A programmable integrated circuit comprising: a fanout circuit; a transmission control protocol (TCP) client circuit coupled to the fanout circuit and configured to receive market data from a trade matching engine and provide the market data to the fanout circuit; and a TCP server circuit coupled to the fanout circuit and configured to receive the market data and at least one other market data from at least one other trade matching engine provided by another TCP client circuit from the fanout circuit and send the market data and the at least one other market data to a market data gateway; wherein the fanout circuit is configured to: determine a rate at which to transmit the market data; and instruct the TCP server circuit to send the market data at the rate
Claim 3: The programmable integrated circuit of claim 1, wherein the rate is a number of market data messages per nano second
Claim 4: The programmable integrated circuit of claim 1, wherein the rate is at least partially based on a rate at which the market data gateway consumes the market data
Claim 7: The programmable integrated circuit of claim 1, further comprising a register communicatively coupled to the fanout circuit and a fanout controller communicatively coupled to the fanout circuit, the fanout circuit being configured to send configurable parameters to the fanout circuit.
Claim 9: The programmable integrated circuit of claim 8, wherein the fanout circuit is further configured to: receive the rate at which to transmit the market data from the fanout controller; and store the rate in the register
Application 19/246,870
U.S. Patent 11,729,240:
Claim 1:
A programmable integrated circuit comprising: a register; a plurality of transmission control protocol (TCP) client circuits, each TCP client circuit being configured to receive market data from a respective trade matching engine;
A plurality of TCP server circuits, each TCP server circuit being configured to send the received market data to a respective market data gateway;
A fanout circuity communicatively coupled to the TCP client circuit, the TCP service circuit, and the register, the fanout circuit being configured to:
Receive a plurality of market data streams from the TCP client circuits;
Receive, form the register, a plurality of transmission rates, each transmission rate indicating a number of market data messages to send per nanosecond to a given market data gateway; and
Instruct each TCP server circuit to send the received market data at a respective transmission rate retrieved form the register, each transmission rate being based on a rate that the respective market data gateway consumes the market data messages
Claim 1: A programmable integrated circuit comprising: a register; a fanout circuit; a first transmission control protocol (TCP) client circuit being configured to receive a first stream of market data from a first trade matching engine and provide the first stream of market data to the fanout circuit; a second TCP client circuit being configured to receive a second stream of market data from a second trade matching engine and provide the second stream of market data to the fanout circuit; a first TCP server circuit being configured to receive first messages comprising market data from the first stream of market data provided by the first TCP client circuit and second messages comprising market data from the second stream of market data provided by the second TCP client circuit and providing the first messages and the second messages to a first market data gateway; and a second TCP server circuit being configured to receive the first messages comprising market data from the first stream of market data provided by the first TCP client circuit and the second messages comprising market data from the second stream of market data provided by the second TCP client circuit and providing the first messages and the second messages to a second market data gateway; wherein the fanout circuit is configured to: retrieve, from the register, a first number of messages to send per nanosecond to the first market data gateway and a second number of messages to send per nanosecond to the second market data gateway; and instruct the first TCP server circuit to send the first messages and the second messages at the first number of messages per nanosecond to the first market data gateway; and instruct the second TCP server circuit to send the first messages and the second messages at the second number of messages per nanosecond to the second market data gateway
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SURAJ M JOSHI whose telephone number is (571)270-7209. The examiner can normally be reached Monday - Friday 8-6 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joon Hwang can be reached at (571)272-4036. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SURAJ M JOSHI/Primary Examiner, Art Unit 2447 September 2, 2026
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