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 action is in response to an application filed July 14, 2025. Claims 1-20 are pending in this application.
Double Patenting
The nonstatutory obviousness 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 1-20 are rejected on the ground of nonstatutory obviousness double patenting as being unpatentable over claims 1-20 of patent document no. US 12,418,578 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims are directed to the same subject matter of processing a first data stream prior to processing a second data stream based on priority. A side-by-side analysis of the first independent claim(s) of the instant application and the copending application(s) has been included below. The bolded portions are portions which are almost identical to one another. The non-bolded portions are related to subject matter which are obvious, and do not further define over the subject matter of one another. Therefore, the subject matter of both claim sets are not distinct from one another and yields an obviousness-type double patenting rejection. This is NOT a provisional double patenting rejection since patent document (US 12,418,578 B2) has been issued while the instant application is pending.
Here is the following side-by-side analysis of the first independent claim in each application:
Instant Application ‘826
1. A method comprising:
establishing, by a secure access gateway, a first data stream connection with one or more client devices, wherein the first data stream connection comprises a first hypertext transfer protocol (HTTP) protocol;
establishing, by the secure access gateway, a second data stream connection with the one or more client devices, wherein the second data stream connection comprises a second HTTP protocol that is different from the first HTTP protocol;
determining, by the secure access gateway and based at least in part on the one or more client devices, first prioritization data associated with the first data stream;
determining, by the secure access gateway and based at least in part on the second data stream, first weighting data associated with the second data stream;
storing, by the secure access gateway and based at least in part on the first prioritization data, a first mapping between the first data stream and a first priority value;
storing, by the secure access gateway and based at least in part on the first weighting data, a second mapping between the second data stream and a second priority value;
determining that the first priority value is more favorable than the second priority value; and
processing the first data stream prior to processing the second data stream based at least in part on the first priority value being more favorable than the second priority value.
Patent No. ‘578
1. A method comprising:
establishing, by a secure access gateway, a first data stream connection with one or more client devices, wherein the first data stream connection comprises a hypertext transfer protocol (HTTP)/3 protocol;
establishing, by the secure access gateway, a second data stream connection with the one or more client devices, wherein the second data stream connection comprises an HTTP/2 protocol;
determining, by the secure access gateway and based at least in part on the one or more client devices, first prioritization data associated with the first data stream;
determining, by the secure access gateway and based at least in part on the second data stream, first weighting data associated with the second data stream;
storing, by the secure access gateway and based at least in part on the first prioritization data, a first mapping between the first data stream and a first priority value;
storing, by the secure access gateway and based at least in part on the first weighting data, a second mapping between the second data stream and a second priority value;
determining that the first priority value is more favorable than the second priority value; and
processing the first data stream prior to processing the second data stream based at least in part on the first priority value being more favorable than the second priority value.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dhanabalan et al. (US 2018/0063220 A1, from Applicant(s)’ IDS filed July 14, 2025).
With respect to claim 1, Dhanabalan discloses a method comprising:
establishing, by a secure access gateway ([0025] and Figure 1, wherein each server 116 comprise a gateway server), a first data stream connection with one or more client devices (Abstract, establishing network connection between first and second network appliance), wherein the first data stream connection comprises a first hypertext transfer protocol (HTTP) protocol (Abstract, different data streams flow through HTTP/2 connection);
establishing, by the secure access gateway, a second data stream connection with the one or more client devices ([0005], receiving second HTTP/2 data packet over a second data stream), wherein the second data stream connection comprises a second HTTP protocol that is different from the first HTTP protocol ([0005], receiving a second HTTP/2 data packet over a second data stream different from a first data stream);
determining, by the secure access gateway and based at least in part on the one or more client devices, first prioritization data associated with the first data stream (Abstract, obtain first priority designator);
determining, by the secure access gateway and based at least in part on the second data stream, first weighting data associated with the second data stream ([0057], dynamically adjust number of communication links based on priority designators);
storing, by the secure access gateway and based at least in part on the first prioritization data, a first mapping between the first data stream and a first priority value ([0020], each data stream is assigned a priority and a priority designator is stored in the header of each packet);
storing, by the secure access gateway and based at least in part on the first weighting data, a second mapping between the second data stream and a second priority value ([0020], each data stream is assigned a priority and a priority designator is stored in the header of each packet);
determining that the first priority value is more favorable than the second priority value ([0064]-[0065], performing a path quality estimation to indicate the quality of each path which may allow for revision of a priority level for the path); and
processing the first data stream prior to processing the second data stream based at least in part on the first priority value being more favorable than the second priority value ([0067] and [0069]. Performing path assignments based on path link qualities and priority levels).
With respect to claim 2, Dhanabalan discloses the method of claim 1, wherein the first HTTP protocol is an HTTP/3 protocol and the second HTTP protocol is an HTTP/2 protocol ([0062], identifying non-HTTP/2 (serves as HTTP/3) data packets and HTTP/2 data packets).
With respect to claim 3, Dhanabalan discloses the method of claim 1, wherein processing the first data stream comprises at least one of:
performing an encryption process associated with the first data stream ([0044], performing encryption operations);
performing a decryption process associated with the first data stream ([0044], performing decryption operations);
performing a proxy process associated with the first data stream ([0044]);
performing a routing process associated with the first data stream ([0044]);
performing a forwarding process associated with the first data stream ([0044]);
performing an encapsulation process associated with the first data stream ([0044]); and
performing a decapsulation process associated with the first data stream ([0044]).
With respect to claim 4, Dhanabalan discloses the method of claim 1, further comprising identifying, in a packet associated with the second data stream, one or more bits indicating the first weighting data, wherein determining the first weighting data associated with the second data stream is based at least in part on identifying the one or more bits ([0062], [0075]-[0076], and Figure 6A, 6B).
With respect to claim 5, Dhanabalan discloses the method of claim 1, further comprising receiving, from a client device of the one or more client devices, an indication of the first prioritization data associated with the first data stream, wherein determining the first prioritization data associated with the first data stream is based at least in part on receiving the indication (Abstract, first priority designator).
With respect to claim 6, Dhanabalan discloses the method of claim 1, further comprising:
determining, by the secure access gateway, a target resource associated with the first data stream ([0025], responding to requests from clients);
establishing, by the secure access gateway, a third data stream connection with the target resource, wherein the third data stream comprises at least one of a QUIC protocol, a UDP protocol, or a transmission control protocol (TCP) ([0042] and [0076], establishing a third network connection); and
transmitting network data, received at the secure access gateway via the first data stream, to the target resource via the third data stream prior to processing the second data stream ([0076]).
With respect to claim 7, Dhanabalan discloses the method of claim 6, further comprising:
determining, by the secure access gateway, one or more quality of service (QOS) bits associated with the first data stream, the one or more QOS bits representing the first mapping between the first data stream and the first priority value ([0025], determine QOS of network connections based on data stream’s priority); and
sending, from the secure access gateway and to the target resource, the one or more QOS bits associated with the first data stream, the one or more QOS bits causing the target resource to process the first data stream prior to processing at least the second data stream ([0025] and [0064]-[0065], determine QOS of network connections based on data stream’s priority; where quality of path may allow for revision of a priority level for the path that may change processing order of the data stream).
With respect to claim(s) 8-12 and 15-18, the system and method of claim(s) 8-12 and 15-18 does/do not limit or further define over the method of claim(s) 1-7. The limitations of claim(s) 8-12 and 15-18 is/are essentially similar to the limitations of claim(s) 1-7. Therefore, claim(s) 8-12 and 15-18 is/are rejected for the same reasons as claim(s) 1-7. Please see rejection above.
With respect to claim 13, Dhanabalan discloses the system of claim 8, wherein the operation is a first operation, and the operations further comprising:
determining, by the secure access gateway, a third indication of one of second prioritization data or second weighting data associated with a third data stream of the multiplexed data stream, the third data stream being associated with one of the first protocol or the second protocol ([0075]-[0076], and Figure 6A, 6B);
storing, by the secure access gateway and based at least in part on the third indication, a third mapping between the third data stream and a third priority value ([0075]-[0076], and Figure 6A, 6B);
determining, by the secure access gateway, that the third priority value is more favorable than the first priority value and the second priority value ([0075]-[0076], and Figure 6A, 6B); and
performing a third operation associated with the third data stream prior to performing the first operation associated with the first data stream and the second operation associated with the second data stream based at least in part on determining that the third priority value is more favorable than the first priority value and the second priority value ([0075]-[0076], and Figure 6A, 6B).
With respect to claim 14, Dhanabalan discloses the system of claim 8, the operations further comprising:
determining the first priority value based at least in part on the first prioritization data and a policy associated with the secure access gateway ([0075]-[0076], and Figure 6A, 6B); and
determining the second priority value based at least in part on the first weighting data and the policy associated with the secure access gateway ([0075]-[0076], and Figure 6A, 6B).
With respect to claim 19, Dhanabalan discloses the method of claim 15, wherein:
the first data stream is associated with a first client device of the one or more client devices and the second data stream is associated with the first client device ([0075]-[0076], and Figure 6A, 6B); or
the first data stream is associated with the first client device and the second data stream is associated with a second client device of the one or more client devices ([0075]-[0076], and Figure 6A, 6B);
With respect to claim 20, Dhanabalan discloses the method of claim 15, further comprising:
determining, based at least in part on the first prioritization data, a first target resource associated with the first data stream ([0075]-[0076], and Figure 6A, 6B);
determining, based at least in part on the first weighting data, a second target resource associated with the first data stream, the second target resource being different from the first target resource ([0075]-[0076], and Figure 6A, 6B);
determining that the first target resource is prioritized over the second target resource based at least in part on a policy associated with the secure access gateway ([0075]-[0076], and Figure 6A, 6B); and
processing the first data stream prior to processing the second data stream based at least in part on determining that the first target resource is prioritized over the second target resource ([0075]-[0076], and Figure 6A, 6B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ESTHER B. HENDERSON whose telephone number is (571)270-3807. The examiner can normally be reached Monday-Friday 6a-2p ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Umar Cheema can be reached at 571-270-3037. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ESTHER B. HENDERSON/Primary Examiner, Art Unit 2458 September 25, 2026
