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
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 17/604716, filed on 18 October 2021
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 16 July 2025 and 26 May 2026 have been considered by the examiner.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 12, 19 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2007/0088834 by Litovski et al.
As to claims 12, 19 and 26, Litovski discloses a network system/method/medium comprising one or more first devices, wherein each first device comprises:
one or more processors (Litovski: Page 6, Sec 117; “ a server component that is installed on a server computer located remotely from the roaming computer”); and
one or more memories storing instructions that, when executed by the one or more processors, cause the one or more processors to perform operations (Litovski: Page 6, Sec 117; “ a server component that is installed on a server computer located remotely from the roaming computer”) comprising:
managing a resource associated with the first device (Litovski: Page 6, Sec 117; “The server computer hosts the managed network service or acts as a gateway to a secure network in which a separate server hosts the service.”); and
allocating, in response to a request from a second device for allocation of a resource, at least part of the resource associated with the first device (Litovski: Page 6, Sec 119-120; “[0119] Once the initial secure connection is established it serves as a first secure channel of communication between the client agent and the server component. This first communications channel is not itself used for handling requests for remote resources from the various user agents (applications, etc) running on the roaming computer. Instead, it is reserved as a control channel for the handling of control messages between endpoints of the secure connection at the client agent and server component. [0120] In response to requests from the roaming computer for resources available via the server component, the client agent (using the control channel) establishes a further communication channel, separate from the control channel, between the client agent and the server component, to handle the request. The data carried on this further channel is combined with data carried by the control channel by a multiplexer component of the client agent, to form a single data stream that is transmitted through the single secure (SSL) connection between the client agent and server component.”;
wherein information on the allocated resource is shared between the first device and the second device (Litovski: Page 2-3, Sec 43; “In accordance with preferred embodiments of the invention, the client certificate itself or an appendix to the certificate can be used to make available to the managed service information ("attributes") that the managed service can use when processing requests from the client. The information may be client specific, e.g. one or more of certificate ID, customer ID, username, validity dates, etc. The connection component can extract this information from the certificate or the certificate appendix and make it available to the managed service. For example, the customer ID and username may be used by the managed service to select and apply processing rules that are specific to a given customer and user.).
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 12, 19 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.12,022,008. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application represent a broadening of the subject matter of the claims of the ’088 Patent and on this basis, the ‘008 Patent anticipates the claims of the instant application.
As to claim 12, 19 and 26, the ‘008 Patent discloses a network system/method/medium comprising one or more first devices, wherein each first device comprises (Claim 1: A network system, comprising: a plurality of devices, wherein each of the plurality of devices includes):
one or more processors (Claim 1: and a processor that determines an IP address of another device based solely on a public key included in a digital certificate received from the another device); and
one or more memories storing instructions that, when executed by the one or more processors (Claim 1: a memory that stores a digital certificate including a public key for determining an IP address of the device), cause the one or more processors to perform operations comprising:
managing a resource associated with the first device (Claim 7: The network system according to claim 1, wherein a first device of the plurality of devices is configured to manage resources associated with the first device); and
allocating, in response to a request from a second device for allocation of a resource, at least part of the resource associated with the first device (Claim 7: and is configured to allocate at least some of the managed resources in response to a request from a second device of the plurality of devices);
wherein information on the allocated resource is shared between the first device and the second device (Claim 7: and information relevant to the allocation of the resources is shared between the first device and the second device.).
Claims 12, 19 and 26 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-19 of U.S. Patent No.12,388,659. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the instant application represent a broadening of the subject matter of the claims of the ’659 Patent and on this basis, the ‘659 Patent anticipates the claims of the instant application.
As to claims 12, 19 and 26, the ‘659 Patent discloses a network system/method/medium comprising one or more first devices (Claim 1: A network system comprising: a plurality of devices), wherein each first device comprises:
one or more processors (Claim 1: and when a first device of the plurality of devices obtains a digital certificate including location information, the first device identifies a location or an area where a device having an authenticated network address associated with the obtained digital certificate is located, based on the location information in the obtained digital certificate.); and
one or more memories storing instructions that, when executed by the one or more processors (Claim 1; wherein: each of the devices has an authenticated network address cryptographically determined in advance), cause the one or more processors to perform operations comprising:
managing a resource associated with the first device (Claim 7: The network system according to claim 1, wherein the first device is configured to: manage a resource associated with the first device); and
allocating, in response to a request from a second device for allocation of a resource, at least part of the resource associated with the first device (Claim 7: allocate at least some of the resource that the first device manages, in response to a request from another device);
wherein information on the allocated resource is shared between the first device and the second device (Claim 7: and information on allocation of the resource is shared between the first device and the another device).
Allowable Subject Matter
Claims 13-18, 20-25 and 27-31 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Patent Application Publication No. 2002/0152384 by Shelest et al. discloses wherein the authenticated network address of each device is uniquely determined based on a result of input into a hash function, of a public key included in a key pair allocated to each of the devices
U.S. Patent No. 9,332,002 to Bowen discloses use of a digital certificate with location information
U.S. Patent Application Publication No. 2020/0267553 by Wagner et al. discloses geolocation in certificates
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL S MCNALLY whose telephone number is (571)270-1599. The examiner can normally be reached Monday-Friday, 8:30 AM - 5:00 PM.
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, Jeffrey L Nickerson can be reached at (469)295-9235. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL S. MCNALLY
Primary Examiner
Art Unit 2432
/Michael S McNally/Primary Examiner, Art Unit 2432
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