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 .
DETAILED ACTION
This is a reply to the application filed on 07/09/2025, in which claim(s) 1-18 are pending. Claim(s) 1, 7 and 13 are independent.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/22/2025, has been reviewed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the examiner is considering the information disclosure statement.
Drawings
The drawings filed on 07/09/2025 are accepted 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 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).
The USPTO internet Web site contains terminal disclaimer forms which may be used. Please visit http://www.uspto.gov/forms/. The filing date of the application will determine what form 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 http://www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-18 are non-provisionally rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over:
Claims 1-21 of Patent 12,401,626.
Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 1-18 are anticipated by claims 1-21 of Patent 12,401,626.
Instant Application 19/263,527
Patent No. 12,401,626
Claim 7. A method for network segmentation, implemented by one or more electronic devices, the method comprising:
processing at least one packet of a plurality of packets at a lower layer of a network stack, wherein the at least one packet is associated with a handshake process to establish an encrypted connection, wherein the at least one packet is destined for a destination address associated with an instance of a first service, wherein the at least one packet was sent using a source address, wherein packets sent using the source address are otherwise configured to be unauthorized to be processed by a higher layer of the network stack, and
configuring the lower layer so that packets sent using the source address are now authorized to be processed by the higher layer because a second service was identified from a cryptographic certificate, the second service is associated with the source address, and a security policy defines the first and second service as being respectively within a first and second segment of a network.
Claim 8. A method for network segmentation, implemented by one or more electronic devices, the method comprising:
processing a plurality of packets at a higher layer of a network stack, wherein at least one packet of the plurality of packets was previously determined, as part of processing the at least one packet at lower layers of the network stack, to be authorized to be processed by the higher layer based on a determination that the at least one packet is associated with a handshake process to establish an encrypted connection, wherein the at least one packet is destined for a destination address associated with an instance of a first service, wherein the at least one packet was sent using a source address, wherein packets sent using the source address are otherwise configured to be unauthorized to be processed by the higher layer, and
wherein the processing at the higher layer includes: responsive to successful authentication of a cryptographic certificate received during the handshake process, identifying from the cryptographic certificate a second service, wherein an instance of the second service is associated with the source address; and determining, based on a security policy that defines the first and second service as being respectively within a first and second segment of a network, that the second service is authorized to access the first service; and responsive to the determination, causing a configuration such that packets sent using the source address are now authorized to be processed by the higher layer.
Allowable Subject Matter
Claims 1-18 would be allowable if the Applicant overcomes double patenting rejection issued in this office action by filing a valid electronic Terminal Disclaimer.
Independent Claim(s) and their respective dependent claims would be allowable over prior arts since the prior arts taken individually or in combination fails to particular discloses, fairly suggest or render obvious the following italic limitations:
In claims 1, 7 and 13:
“configuring the lower layer so that packets sent using the source address are now authorized to be processed by the higher layer because a second service was identified from a cryptographic certificate, the second service is associated with the source address, and a security policy defines the first and second service as being respectively within a first and second segment of a network” in combination with other limitations recited as specified in the independent claim(s).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHENG-FENG HUANG whose telephone number is (571)272-6186. The examiner can normally be reached Monday-Friday: 9 am - 5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Eleni A Shiferaw can be reached on (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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/CHENG-FENG HUANG/Primary Examiner, Art Unit 2497
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