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 .
1. Claims 1-20 are presented for examination.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
2. Claim 1, 14, and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claims 1, 14, and 19, the feature “dynamically adjusting, by the notification server, transmission frequency of the one or more notifications to the subscribing partner system based on one or more temporal parameters, wherein the one or more notifications are transmitted with increased frequency during periods of low activity” are not fully supported by Applicant’s specification.
.
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.
3. Claims 1-3, 5-13, 15-18 and 20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-6, 8-9 and 15 of U.S. Patent No.10,630,530 B1 and claims 4-8 of U.S. Patent No. 11,398,942 B2 to Pawaskar. Although the claims at issue are not identical, they are not patentably distinct from each other because instant application claim 1-3, 5-13, 15-18 and 20 are anticipated by the patent claims.
Instant Application
US 10,630,534 B1
US 11,398,942 B2
Claim 1. A computer-implemented method comprising:
receiving, by a notification server, a plurality of events to be reported from one or more data sources;
grouping, by the notification server, the plurality of events into one or more
notifications based on at least one of (i) event type, (ii) partner preferences, (iii)
temporal data, or (iv) a maximum threshold of events;
transmitting, by the notification server, the one or more notifications to a subscribing partner system via a service gateway;
monitoring, by the notification server, for acknowledgements from the subscribing
partner system for each of the one or more transmitted notifications;
retransmitting an unacknowledged notification or combining the unacknowledged notification with a subsequent notification, by the notification server, upon determining the one or more transmitted notifications remain unacknowledged within a time threshold; and
updating, by the notification server, a database to register a status of each
transmitted and acknowledged notification.
A computer-implemented method…comprising: (claim 1)
obtaining, by the notification server, a plurality of new computer server events to report, wherein a number of new computer server events among the plurality of new computer server events are combined into a single event notification (claim 2, col. 15 lines 4-5).
transmitting, by the notification server over the computer network, the secure event notification to the subscribed partner system via the APIs published by the notification server and the APIs published by the service gateway (claim 1 lines 20-22).
receiving, by the notification server, an acknowledgment of the transmitted secure event notification from the subscribed partner system (claim 5 lines 20-22).
retransmitting, by the notification server, the secure event notification to the subscribed partner system when an acknowledgment is not received from the subscribed partner system; and setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6).
setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6).
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5).
2. The computer-implemented method of claim 1, wherein grouping the plurality of events into the one or more notifications is performed when a predetermined number of events of a given type is received.
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5).
3. The computer-implemented method of claim 1, wherein grouping the plurality of events into the one or more notifications is performed at periodic intervals when at least one event is received within the periodic intervals
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5),
wherein the predetermined number of events is configured for each event type of a plurality of event types and for each partner system of a plurality of partner systems (claim 6)
wherein the predetermined number of events is configured based on a time of day or a day of week (claim 7)
5. The computer-implemented method of claim 1, wherein transmitting the one or more notifications to the subscribing partner system, further comprises:
monitoring, by the notification server, a count of events occurring with a
predetermined time threshold;
determining, by the notification server, the maximum threshold of events is reached before an expiration of the predetermined time threshold; and
transmitting, by the notification server, the one or more notifications to the subscribing partner system, bypassing remainder of the predetermined time
threshold.
prior to transmitting, by the notification server, the event notification to the partner system and the one or more additional partner systems, determining, by the notification server, that a maximum number of events have been identified before a predetermined time period has passed, wherein the event notification is transmitted to the partner system and the one or more additional partner systems upon receiving the maximum number of events before the predetermined time period has passed (claim 8).
6. The computer-implemented method of claim 1, wherein each notification is digitally signed using a cryptographic key associated with the subscribing partner system.
signing, by the notification server, the event notification with a token payload (claim 3).
7. The computer-implemented method of claim 6, wherein an HTTP header is appended to the digitally signed notification before transmission via the service gateway.
signing, by the notification server, the event notification with a token payload (claim 3), and wherein the token payload is generated by formatting a header string and a payload string (claim 4).
8. The computer-implemented method of claim 1, further comprising: incrementing, by the notification server, a notification attempt counter upon determining that an acknowledgement period for the retransmitted notification
has expired without receipt of an acknowledgment.
upon not receiving the confirmation of receipt from the partner system, incrementing, by the notification server, a counter of a number of attempts to deliver the event notification to the partner system; and upon the number of attempts exceeding a predetermined threshold, marking, by the notification server, the event notification for the partner system in the database as permanently failed (claim 4).
9. The computer-implemented method of claim 8, wherein retransmitting the unacknowledged notification is disabled upon exceeding a predefined number of unacknowledged attempts.
upon the number of attempts exceeding a predetermined threshold, marking, by the notification server, the event notification for the partner system in the database as permanently failed (claim 4).
10. The computer-implemented method of claim 1, further comprising: registering, by the notification server, a topic subscription from the subscribing partner system in a database prior to transmitting the one or more notifications related to one or more subscribed events.
registering, by the notification server, the topic subscription request in a database (claim 1)
11. A non-transitory computer readable medium storing instructions which, when
executed by one or more processors of a computing system, cause the one or more processors to perform operations comprising:
receiving a plurality of events to be reported from one or more data sources;
grouping the plurality of events into one or more notifications based on at least one of (i) event type, (ii) partner preferences, (iii) temporal data, or (iv) a maximum threshold of events;
transmitting the one or more notifications to a subscribing partner system via a
service gateway;
monitoring for acknowledgements from the subscribing partner system for each of the one or more transmitted notifications;
retransmitting an unacknowledged notification or combining the unacknowledged notification with a subsequent notification upon determining the one or more transmitted notifications remain unacknowledged within a time threshold; and
updating a database to register a status of each transmitted and acknowledged
notification.
15. A non-transitory computer readable medium storing a program causing a computer to execute a method of secure transmission of computer server event notifications, the method comprising : (claim 15)
obtain a plurality of new computer server events to report (claim 9)
transmitting, by the notification server over the computer network, the secure event notification to the subscribed partner system via the APIs published by the notification server and the APIs published by the service gateway (claim 1 lines 20-22).
receiving, by the notification server, an acknowledgment of the transmitted secure event notification from the subscribed partner system (claim 5 lines 20-22).
retransmitting, by the notification server, the secure event notification to the subscribed partner system when an acknowledgment is not received from the subscribed partner system; and setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6).
setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6).
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5).
12.The non-transitory computer readable medium of claim 11, wherein grouping
the plurality of events into the one or more notifications is performed when a
predetermined number of events of a given type is received.
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5).
13. The non-transitory computer readable medium of claim 11, wherein grouping
the plurality of events into the one or more notifications is performed at periodic intervals when at least one event is received within the periodic intervals.
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5),
wherein the predetermined number of events is configured for each event type of a plurality of event types and for each partner system of a plurality of partner systems (claim 6)
wherein the predetermined number of events is configured based on a time of day or a day of week (claim 7)
15. The non-transitory computer readable medium of claim 11, wherein
transmitting the one or more notifications to the subscribing partner system, further
comprises:
monitoring a count of events occurring with a predetermined time threshold;
determining the maximum threshold of events is reached before an expiration of the predetermined time threshold; and
transmitting the one or more notifications to the subscribing partner system,
bypassing remainder of the predetermined time threshold.
prior to transmitting, by the notification server, the event notification to the partner system and the one or more additional partner systems, determining, by the notification server, that a maximum number of events have been identified before a predetermined time period has passed, wherein the event notification is transmitted to the partner system and the one or more additional partner systems upon receiving the maximum number of events before the predetermined time period has passed (claim 8).
16. The non-transitory computer readable medium of claim 11, wherein each
notification is digitally signed using a cryptographic key associated with the subscribing
partner system.
signing, by the notification server, the event notification with a token payload (claim 3).
17. The non-transitory computer readable medium of claim 16, wherein an HTTP
header is appended to the digitally signed notification before transmission via the
service gateway.
signing, by the notification server, the event notification with a token payload (claim 3), and wherein the token payload is generated by formatting a header string and a payload string (claim 4).
18. A system comprising: one or more processors of a computing system; and
a memory storing instructions which, when executed by the one or more processors, cause the one or more processors to perform operations comprising:
receiving a plurality of events to be reported from one or more data sources;
grouping the plurality of events into one or more notifications based on at
least one of (i) event type, (ii) partner preferences, (iii) temporal data, or
(iv) a maximum threshold of events;
transmitting the one or more notifications to a subscribing partner system via
a service gateway;
monitoring for acknowledgements from the subscribing partner system for
each of the one or more transmitted notifications;
retransmitting an unacknowledged notification or combining the
unacknowledged notification with a subsequent notification upon
determining the one or more transmitted notifications remain unacknowledged within a time threshold; and
updating a database to register a status of each transmitted and
acknowledged notification.
A notification system for secure transmission of computer server event notifications, the system comprising: a memory having processor-readable instructions stored therein; and a processor configured to access the memory and execute the processor-readable instructions, which when executed by the processor configure the processor to perform a plurality of functions, including functions (claim 8)
obtain a plurality of new computer server events to report (claim 9)
transmitting, by the notification server over the computer network, the secure event notification to the subscribed partner system via the APIs published by the notification server and the APIs published by the service gateway (claim 1 lines 20-22)
receiving, by the notification server, an acknowledgment of the transmitted secure event notification from the subscribed partner system (claim 5 lines 20-22).
retransmitting, by the notification server, the secure event notification to the subscribed partner system when an acknowledgment is not received from the subscribed partner system; and setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6)
setting, by the notification server, a status of the new computer server event as failed when a number of failed transmissions of the secure event notification to the subscribed partner system exceeds a predetermined threshold (claim 6).
grouping, by the notification server, the event and the one or more additional events associated with the event type into the event notification upon determining that a predetermined number of events have been identified (claim 5).
20. The system of claim 18, wherein transmitting the one or more notifications to the subscribing partner system, further comprises: monitoring a count of events occurring with a predetermined time threshold; determining the maximum threshold of events is reached before an expiration of the predetermined time threshold; and transmitting the one or more notifications to the subscribing partner system, bypassing remainder of the predetermined time threshold.
prior to transmitting, by the notification server, the event notification to the partner system and the one or more additional partner systems, determining, by the notification server, that a maximum number of events have been identified before a predetermined time period has passed, wherein the event notification is transmitted to the partner system and the one or more additional partner systems upon receiving the maximum number of events before the predetermined time period has passed (claim 8).
4. Claims 4, 14 and 19 are rejected on the ground of nonstatutory double patenting as being unpatentable over the claims of the above patents to Pawaskar, in view of Baker et al. (hereafter, “Baker”), US 2013/0297103 A1.
Regarding claim 4, the claims of the above patents to Pawaskar recite a method.
The claims of the above patents to Pawaskar lack dynamically adjusting, by the notification server, transmission frequency of the one or more notifications to the subscribing partner system based on one or more temporal parameters, wherein the one or more notifications are transmitted with increased frequency during periods of low activity.
Baker teaches dynamically adjusting transmission frequency based on one or more temporal parameters, wherein the one or more notifications are transmitted with increased frequency during periods of low activity (i.e., in the event the current bandwidth utilization is below the bandwidth ceiling, the transmission frequency protocol may be adjusted upward, page 5 paragraph [0045]).
It would have been obvious to one of ordinary skill the art, before the effective filing date of the claimed invention to have modify the method recited in claims of the above patents to Pawaskar to dynamically adjust transmission frequency based on one or more temporal parameters, wherein the one or more notifications are transmitted with increased frequency during periods of low activity, as taught by Baker, in order to provide bandwidth efficiency.
Regarding claims 14 and 19, those claims recite limitations that are similar to claim 4, same rationale of rejections is applied.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to OANH DUONG whose telephone number is (571)272-3983. The examiner can normally be reached Mon-Fri 9:00am-6:00pm.
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/OANH DUONG/Primary Examiner, Art Unit 2459
