DETAILED ACTION
The non-final office action is responsive to the filing of 19/250,417 on 06/26/2025. Claims 1-20 are pending; claims 1-20 are rejected.
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 06/26/2025 was filed before the mailing date of the non-final office action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement 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.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,401,616 B2 (hereinafter P616). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1 of the Instant Application
Claims 1-3 and 5 of P616
A method comprising,
A method comprising,
(Note: all limitations are from claim 1 except specifically marked)
detecting a first domain name system (DNS) request comprising a first fully qualified domain name (FQDN);
detecting configuration of a forwarding rule that indicates a first domain name and a plurality of data centers of a tenant, wherein the first domain name comprises a wildcard character;
(from claim 5) based on forwarding of a first DNS request comprising a first fully qualified domain name (FQDN) that matches to the first domain name to each of the plurality of data centers, determining that the first FQDN was resolved in a first data center of the plurality of data centers; and indicating that an application associated with the first FQDN is located in the first data center.
matching the first FQDN to a domain name comprising a wildcard character for which a forwarding rule has been configured, wherein the forwarding rule indicates the domain name comprising the wildcard character and a plurality of Internet Protocol (IP) addresses corresponding to a plurality of data centers of a tenant;
detecting configuration of a forwarding rule that indicates a first domain name and a plurality of data centers of a tenant, wherein the first domain name comprises a wildcard character;
(from claim 2)wherein configuring the plurality of network elements to forward DNS requests matching to the first domain name to each of the plurality of data centers comprises configuring a plurality of forwarding rules to forward DNS requests that match to the first domain name from each of the plurality of network elements to corresponding ones of a plurality of IP addresses, wherein each of the plurality of IP addresses is associated with a corresponding one of the plurality of data centers.
forwarding the first DNS request to each of the plurality of IP addresses;
(from claim 3) wherein configuring the plurality of forwarding rules to forward DNS requests from the plurality of network elements to corresponding ones of the plurality of IP addresses comprises configuring forwarding of DNS requests matching to the first domain name to respective ones of a plurality of application connectors, wherein each of the plurality of application connectors has been deployed to a respective one of the plurality of data centers and has been assigned one of the plurality of IP addresses.
detecting resolution of the first FQDN in a first data center of the plurality of data centers; and
(from claim 5) based on forwarding of a first DNS request comprising a first fully qualified domain name (FQDN) that matches to the first domain name to each of the plurality of data centers, determining that the first FQDN was resolved in a first data center of the plurality of data centers; and indicating that an application associated with the first FQDN is located in the first data center.
determining that a first application associated with the first FQDN is hosted in the first data center.
(from claim 5) based on forwarding of a first DNS request comprising a first fully qualified domain name (FQDN) that matches to the first domain name to each of the plurality of data centers, determining that the first FQDN was resolved in a first data center of the plurality of data centers; and indicating that an application associated with the first FQDN is located in the first data center.
Claims 1 of the instant application is obviously disclosed by patent claims 1-3 and 5 in that claims 1-3 and 5 of the patent obviously disclose all the limitations of claim 1 of the instant application. Claim 1 of the instant application therefore is not patently distinct from the earlier patent claim and as such is unpatentable for obvious-type double patenting.
As to claims 2-20, claims 1-20 of P616 obviously disclose all limitations of claims 2-20 of the instant application. Accordingly, claims 2-20 of the instant application are not patently distinct from the earlier patent claims and as such are unpatentable for obvious-type double patenting.
Allowable Subject Matter
Claims 1-20 are allowable over prior art references on record.
Note: the ODP rejection needs to be overcome in order to allow the case.
The following is an examiner’s statement of reasons for allowance: the prior art references on record do not disclose “detecting a first domain name system (DNS) request comprising a first fully qualified domain name (FQDN);matching the first FQDN to a domain name comprising a wildcard character for which a forwarding rule has been configured, wherein the forwarding rule indicates the domain name comprising the wildcard character and a plurality of Internet Protocol (IP) addresses corresponding to a plurality of data centers of a tenant; forwarding the first DNS request to each of the plurality of IP addresses; detecting resolution of the first FQDN in a first data center of the plurality of data centers; and determining that a first application associated with the first FQDN is hosted in the first data center.”
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RUOLEI ZONG whose telephone number is (571)270-7522. The examiner can normally be reached Monday-Friday 8:30AM-4:30PM IFP.
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/RUOLEI ZONG/Primary Examiner, Art Unit 2449 8/6/2026
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