DETAILED ACTION
The non-final office action is responsive to the preliminary amendment filed on 09/29/2025. Claims 1-20 have been canceled; claims 21-40 are pending; claims 21-40 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 07/09/2025 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 21-40 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 12,395,552 B2 (hereinafter P552). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 21 of the Instant Application
Claims 1-3 of P552
A method implemented in a device comprising circuitry, including a transmitter, a receiver and a processor, the method comprising:
A method implemented in a device comprising circuitry, including a transmitter, a receiver, a processor and memory, the method comprising:
receiving a registration request via any of wireless and wired communications from a first of a plurality of nodes of a distributed ledger system, wherein the registration request indicates at least one characteristic of the distributed ledger system;
receiving, from a network application via any of wireless and wired communications, a registration request including first information indicating a plurality of application-level requirements for a distributed ledger service;
assigning an identifier to the distributed ledger system;
(from claim 2) The method claim 1, wherein the plurality of application-level requirements comprises any of: an identifier of the distributed ledger system
storing, in a repository external to the distributed ledger system, a registration record comprising information indicating the identifier in association with the at least one characteristic;
(from claim 6) The method of claim 1, comprising maintaining a distributed ledger repository comprising at least some of the first information and the second information. (Note: a distributed ledger repository is different from a plurality of distributed ledger systems, so “external” is disclosed)
transmitting a registration response to the first node or a second of the plurality of nodes via any of wireless and wired communications, wherein the registration response comprises the identifier; and
sending third information to the network application via any of wireless and wired communications, wherein the third information indicates (i) a confirmation of registration and (ii) a unique identifier assigned to the network application.
determining a status of the distributed ledger system based on monitoring performance of the distributed ledger system based on the at least one characteristic.
determining, from a plurality of distributed ledger systems communicatively couplable with the device, a first distributed ledger system to serve all blockchain-related processing of the network application based on (i) one or more of the plurality of application-level requirements and (ii) second information indicating one or more features of each of the plurality of distributed ledger systems; and
Claims 1 of the instant application is obviously disclosed by patent claims 1-3 in that claims 1-3 of the patent obviously contain 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 claims and as such is unpatentable for obvious-type double patenting.
As to claims 22-40, claims 1-20 of P552 obviously disclose all limitations of claims 22-40 of the instant application. Accordingly, claims 22-40 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 21-40 are allowable over prior art references on record.
Note: ODP rejection needs to be obviated 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 “receiving a registration request via any of wireless and wired communications from a first of a plurality of nodes of a distributed ledger system, wherein the registration request indicates at least one characteristic of the distributed ledger system; assigning an identifier to the distributed ledger system; storing, in a repository external to the distributed ledger system, a registration record comprising information indicating the identifier in association with the at least one characteristic; transmitting a registration response to the first node or a second of the plurality of nodes via any of wireless and wired communications, wherein the registration response comprises the identifier; and determining a status of the distributed ledger system based on monitoring performance of the distributed ledger system based on the at least one characteristic.”
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 9/17/2026
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