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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/396,696
`
`04/28/2019
`
`Derry Shribman
`
`HOLA-005-US 15
`
`7679
`
`MayPatents Ltd. c/o Dorit Shem-Tov
`P Oo B 7230
`Ramat-Gan, 5217102
`ISRAEL
`
`NGUYEN, MINH CHAU
`
`2459
`
`12/30/2019
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-29 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-29 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11){¥} The drawing(s) filed on 28 April 2019 is/are: a)(¥} accepted or b){j objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12)(1) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)L) All
`1.2 Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date See Continuation Sheet,
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20191112
`
`Application No.
`Applicant(s)
`16/396 696
`Shribman etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MINH CHAU N NGUYEN
`2459
`No
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133}.
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1) Responsive to communication(s)filed on 28 April 2019.
`CO) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J This action is FINAL. 2b))This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4\(Z Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Continuation Sheet (PTOL-326)
`
`Application No. 16/396,696
`
`Continuation of Attachment(s) 2) Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date: 04/28/2019; 07/01/2019; 08/06/2019; 08/20/2019; 10/21/2019
`
`

`

`Application/Control Number: 16/396,696
`Art Unit: 2459
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`The present application is being examined underthe pre-AIAfirst to invent provisions.
`
`DETAILED ACTION
`
`Thus action i responsive to the application 16/396,596 Pied on Apri 28, 2019. Clabms f-
`
`29 are pending.
`
`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 obviousness-type double patenting rejection
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`is appropriate where the conflicting claims are not identical, but at least one examined
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`application claim is not patentably distinct from the reference claim(s) because the examined
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`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
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`be used to overcome an actualor provisional rejection based on a nonstatutory double patenting
`
`ground provided the conflicting application or patent either is shown to be commonly owned
`
`

`

`Application/Control Number: 16/396,696
`Art Unit: 2459
`
`Page 3
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`with this application, or claims an invention made asa result of activities undertaken within the
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`scope of a joint research agreement.
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`Effective January 1, 1994, a registered attorney or agent of record maysign a terminal
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`disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR
`
`3.73(b).
`
`Claims 1-29 (hereafter “examined claim’) are rejected on the ground of nonstatutory
`
`obviousness-type double patenting as being unpatentable over claims 1-28 (hereafter “patent
`
`claim’) of U.S. Patent No. 10,313,484. Although the conflicting claims are notidentical,
`
`they
`
`are not patentably distinct from each other becausethe claims of the instant application are
`
`merely obvious variations of the claims in the patent 10,313,484 as outlined in the table below:
`
`Examined claim 4
`The method according to claim 3, wherein the
`selecting is based on the geographical
`location.
`
`Examined claim 3
`The reethod according tc claim 1, wherein each of the
`IP addresses in the dst is associated witha
`geographical
`location.
`
`Patent claim 14
`The methad according to claim 13, wherein the criterion
`is based an , or carmprises, a gescoraphical
`location af
`ihe pluralfy of client devices, ar a response lime when
`communicaling withthe requesting client device,
`
`Patent claim 13
`The method aocarcdinga to clair 1, w herein the criterion
`is stored in the requesting client device, and the
`method further comprising selecting, oy the requesting
`chert device, the firstchert device form the plurality of
`Chant devices, according to the stored arterion.
`
`from the first web server and i
`
`
`Patentclaim1
`Examined claim 1
`
`A rmeihed for use with a requesting Ghent device
`that comprises an Hypertext Transfer Protocal
`(HTTR
`or Hypertext Tranafer Protoce! Secure (HTTPS) client,
`foruse with a firstweb server that is a HTTP ar HTTPS
`serverthal respectively responds io HTTP or HTTFS
`requests and stores a firstcontent idenivied by 2 first
`content idenivier. for use witha second server distinct
`from the first webserver and identified in the Internet by
`asecand IP addresa, and foruse witha list of
`P addresses, the method comprising:
`
`ing, by the requesting cent device, an
`Yr HITPS requeat for the first content;
`
`A method for use witha recuesting client device
`that comprises an HTTP clent and is mlentified over the
`internet by a firatinternet Protocol UF) address, foruse
`witha first server that is a web server thai is Hypertext
`
`content identifier, focuge witha
`
`acond S$
`ied in the internet
`asecond PF address, and foruse witha pluraliy of
`Gent devices each klenttied by a distinct IP acdrsas
`and each storing a part of, or a whole of, ihe First
`é
`nt, the method by ihe requesting clenl device
`comprising:
`
`

`

`Application/Control Number: 16/396,696
`Art Unit: 2459
`
`Page 4
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`selecting, by the requesiing chent device, an IF
`address from the ish
`
`identifying, an HTTP request forthe firsicontent;
`
`server using the selected IP address, the firstcontent.
`
`sending, by the requesting clleri device, io the
`second server using the second iP accdress aver the
`internet in response to the elentifying and the selecting,
`the fystcontent klentiner and the selected IP address;
`and
`
`receiving, oy the requesting cllent device, over the
`Internet in response ic the sending, from the second
`
`sending, io the second server using ihe second iP
`adicrass over ihe Internet in responseto ihe idenifying,
`the firsiceontent idenifier, ine frstiP address, and a
`crferion: and
`
`receiving, over the Internet in response to the
`sending, froma firstcent device selected from the
`luraily of client devices according tc the criterion, the
`part of, or the whole of, the firetcontent.
`
`Examined claim 4 recites the similar limitations in patent claim 14. Thus, it would have
`
`been obvious to broaden patent claim 1 because omitting the limitation is obvious variation.
`
`Examined claims 2, 5-29 recite the similar limitations of patent claims 2-12, 15-28.
`
`Correspondence Information
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to MINH CHAU N NGUYENwhosetelephone number is
`
`(571)272-4242. The examiner cannormally be reached on M-F 8am-4pm.
`
`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, TONIA DOLLINGERcan be reached on (571)272-4170. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`

`

`Application/Control Number: 16/396,696
`Art Unit: 2459
`
`Page 5
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`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
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`
`the automated information system, call 800-786-9199 (IN USA OR CANADA)or 571-272-
`
`1000.
`
`/MINH CHAU NGUYEN/
`Primary Examiner, Art Unit 2459
`
`