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
Acknowledgment is made of applicant’s claim benefits of a Continuation Application. S/N. 18/741,253 which claim benefits from the Provisional App. 62/863,108 filed on 06/18/2019.
Claim status
Claims 1-20 presented for the examination and remain pending in the application.
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 1-22 of U.S. Patent No. 12,395,451 B2, (hereinafter Patent ‘451). Although the claims at issue are not identical, they are not patentably distinct from each other because the Patent ‘451 claims 1-22 recite all of the limitations of instant application claims 1-20. Therefore, Patent ‘451 claims 1-22 are in essence a “species” of the generic invention of instance application claims 1-22. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
See the table below which shows the comparison between the instant application limitations of claims 1-20 and the Patent ‘451 limitations of claims 1-22.
Instant Application 19/268,596
Patent 12,395,451 B2
Claim 1. A system for enabling dynamic resource and task distribution, comprising:
Claim 1. A system enabling software engine virtualization and dynamic resource and task distribution across edge and cloud, comprising:
one or more cloud servers hosting at least one cloud engine of a software engine, the at least one cloud engine configured to store and process application data from one or more applications that use the software engine;
at least one cloud server comprising memory and at least one processor, the at least one cloud server hosting a virtualization logic component and at least one cloud engine of a software engine, the at least one cloud engine configured to store and process application data from one or more application that uses the software engine;
one or more fog servers connected to the one or more cloud servers via a network, the one or more fog servers hosting at least one fog engine of the software engine, the at least one fog engine configured to facilitate the processing of the application data from the one or more applications for the one or more cloud servers and one or more client devices; and
one or more client devices connected to the at least one cloud server via a network, the one or more client devices hosting at least one local engine of the software engine, the at least one local engine configured to store and process application data from the application and to provide output to users;
a virtual engine hosted across the one or more fog servers and the one or more cloud servers, to virtualize one or more system network components, the one or more applications, and components of the at least one fog engine, creating a virtual layer connected to the one or more fog servers and the one or more cloud servers via the network, and at least one system resource distribution platform configured to dynamically allocate resources and engine tasks.
a virtual engine hosted across edge and cloud, the virtual engine configured to virtualize, via the virtualization logic component, one or more system network components, the application, and components of the at least one cloud engine and the at least one local engine, creating a virtual layer connected to the one or more client devices and the at least one cloud server via the network, and at least one system resource distribution platform comprising virtual cells linked to a plurality of physical network resources, and configured to dynamically allocate resources and engine tasks.
Claim 2. The system of The system of wherein the one or more fog servers comprise memory and a processor, the one or more fog servers being located proximate to the one or more client devices compared to the one or more cloud servers, wherein the one or more fog servers are configured to function by assisting the one or more cloud servers and the one or more client devices in the processing of the application data, and wherein the function of the one or more fog servers is abstracted within the virtual layer.
Claim 2. The system of claim 1, further comprising one or more fog servers comprising memory and at least one processor, the fog servers being located in areas proximate to the one or more client devices and configured to assist the at least one cloud server and the one or more client devices in the processing of application data from the application, wherein the functions of the fog servers are abstracted within the virtual layer.
Claim 3. The system of claim 2, wherein the one or more applications are hosted by the one or more client devices, cloud servers, fog servers, or combinations thereof.
Claim 3. The system of claim 2, wherein the application is hosted by the one or more client devices, cloud servers, fog servers, or combinations thereof.
Claim 4. The system of claim 1, wherein the virtual engine further comprises: at least one optimization component configured to assess engine tasks and system resource requirements from the one or more applications and configured to optimize the dynamic allocation of resources and engine tasks based on said assessment.
Partial limitation of claim 5. The system of claim 1, wherein the virtual engine further comprises: at least one optimization component configured to assess engine task and system resource requirements from the application and to optimize the resource and task allocation based on said assessment;
Claim 5. The system of claim 4, wherein the optimization component utilizes resource allocation parameters comprising one or more server capabilities; client capabilities; end-to-end response time; application resource demand; quality of service; service level agreement; distance between a client device and a server; bandwidth capacity; or required level of detail, or combinations thereof.
Claim 7. The system of claim 5, wherein the optimization component utilizes resource allocation parameters comprising one or more of server capabilities; client capabilities; end-to-end response time; application resources demand; demanded and available quality of service; service level agreement; distance between devices and servers; bandwidth capacity; or required level of detail, or combinations thereof.
Claim 6. The system of claim 1, wherein the at least one system resource distribution platform comprises virtual cells linked to a plurality of physical network resources, the virtual cells comprising divisions of a virtual world system in which the dynamic allocation of resources and engine tasks is performed.
Partial claim 5 and at least one system resource distribution platform configured to distribute required engine tasks and system resources across edge and cloud on demand based on the optimization of the at least one optimization component and Claim 6. The system of claim 5, the virtual cells comprise divisions of a virtual world system in which the resource and task allocation is performed.
Claim 7. The system of claim 6, wherein two or more of the virtual cells may be used in combination in order to dynamically allocate resources and engine tasks to the one or more client devices.
Claim 8. The system of claim 1, wherein two or more of the virtual cells may be used in combination in order to dynamically allocate resources and engine tasks to the one or more client devices.
Claim 8. The system of claim 1, wherein the virtual engine further comprises one or more function-specific sub-engines.
Claim 9. The system of claim 1, wherein the virtual engine further comprises one or more function-specific sub-engines.
Claim 9. The system of claim 1, wherein the one or more client devices include one or more mobile devices, personal computers, game consoles, media centers, smart contact lenses, or head-mounted displays.
Claim 11. The system of claim 1, wherein the one or more client devices include one or more mobile devices, personal computers, game consoles, media centers, smart contact lenses, or head-mounted displays.
Claim 10. The system of claim 1, wherein the virtual engine further comprises: one or more function-specific sub-engines, corresponding to the one or more applications, including one or more of audio engines, a physics engine, a graphics engine, or an artificial intelligence ("AI") engine, and wherein engine tasks associated with the one or more function-specific sub-engines are performed by the one or more client devices and the one or more cloud servers.
Claim 12. The system of claim 1, wherein the virtual engine further comprises one or more function-specific sub-engines corresponding to the application comprising one or more of an audio engine, a physics engine, a graphics engine, or an artificial intelligence (“AI”) engine, and wherein tasks associated with the one or more function-specific sub-engines are performed by the one or more client devices and the at least one cloud server.
Claim 13. The method of claim 11 further comprising: assisting, by the one or more fog servers, the one or more cloud servers and the one or more client devices in processing the application data.
Partial limitation of claim 2 “the fog servers being located in areas proximate to the one or more client devices and configured to assist the at least one cloud server and the one or more client devices in the processing of application data from the application”
Regarding claims 11 and 17.
Similarly, the above potential non-statutory double patenting ground of rejection analysis of independent claim 1 apples to independent claims 11 and 17.
Regarding claim 14.
Similarly, the above potential non-statutory double patenting ground of rejection analysis of independent claim 3 apples to independent claim 14.
Regarding claims 15 and 19.
Similarly, the above potential non-statutory double patenting ground of rejection analysis of independent claim 4 apples to independent claims 15 and 19.
Regarding claims 16 and 20.
Similarly, the above potential non-statutory double patenting ground of rejection analysis of independent claim 5 apples to independent claims 16 and 20.
Regarding claims 12 and 18.
Similarly, the above potential non-statutory double patenting ground of rejection analysis of independent claim 7 apples to independent claims 12 and 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BERHANU SHITAYEWOLDETSADIK whose telephone number is (571)270-7142. The examiner can normally be reached M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Emmanuel Moise can be reached at 5712723865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BERHANU SHITAYEWOLDETSADIK/Primary Examiner, Art Unit 2455
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