Ex Parte Lipstone et alDownload PDFPatent Trial and Appeal BoardAug 28, 201814578402 (P.T.A.B. Aug. 28, 2018) Copy Citation UNITED STA TES p A TENT AND TRADEMARK OFFICE APPLICATION NO. FILING DATE FIRST NAMED INVENTOR 14/578,402 12/20/2014 Laurence R. Lipstone 21398 7590 08/30/2018 Level 3 Communications, LLC Attn: Patent Docketing 1025 Eldorado Blvd. Broomfield, CO 80021 UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www .uspto.gov ATTORNEY DOCKET NO. CONFIRMATION NO. 0447-US-Ul4-C3 1027 EXAMINER JOO,JOSHUA ART UNIT PAPER NUMBER 2445 NOTIFICATION DATE DELIVERY MODE 08/30/2018 ELECTRONIC 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. Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the following e-mail address(es): patent.docketing@level3.com PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD Ex parte LAURENCE R. LIPSTONE, WILLIAM CROWDER, ANDREW SWART, CHRISTOPHER NEWTON, and LEWIS ROBERT VARNEY Appeal2017-011177 Application 14/578,402 1 Technology Center 2400 Before CARL W. WHITEHEAD JR., IRVINE. BRANCH, and MICHAEL M. BARRY, Administrative Patent Judges. BRANCH, Administrative Patent Judge. DECISION ON APPEAL Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of claims 1-20, which are all of the claims pending in the application. We have jurisdiction under 35 U.S.C. § 6(b ). We AFFIRM. Technology The application relates to content delivery networks (CDNs) and computers in the CDN s taking on differing roles. Spec. Abstract. 1 According to Appellants, the real party in interest is Level 3 Communications, LLC. Br. 2. Appeal 2017-011177 Application 14/578,402 Illustrative Claim Claim 1 is illustrative and reproduced below: 1. A method, operable within a content delivery network (CDN), said CDN comprising at least one computer, wherein a computer takes on one or more roles within the CDN, the method comprising, by a particular computer: (A) taking on a first at least one role within the CDN; and then, (B) in response to a change in configuration information, in addition to said first at least one role within the CDN, taking on a second at least one role within the CDN, said second at least one role being distinct from said first at least one role. Rejection2 Claims 1-20 stand rejected underpre-AIA 35 U.S.C. § 102(b) as anticipated by Choquier (US 5,951,694; issued Sept. 14, 1999). ANALYSIS Claims 1, 11, 15, 19, 20 Claim 1 recites "in response to a change in configuration information, in addition to said first at least one role within the CDN, taking on a second at least one role within the CDN, said second at least one role being distinct from said first at least one role" (herein "the argued limitation"). 2 Although the Examiner's Answer states "[e]very ground of rejection set forth in the Office action dated August 12, 2016 from which the appeal is taken is being maintained by the examiner except for the grounds of rejection (if any) listed under the subheading 'WITHDRAWN REJECTIONS"' (Ans. 2), we note that a rejection of claims 2 and 12 under 35 U.S.C. § 112 (pre-AIA) was withdrawn in the Advisory Action mailed March 9, 2017. 2 Appeal 2017-011177 Application 14/578,402 The Examiner finds Choquier describes the argued limitation. Final Act. 5 (citing Choquier 3:31-34, 7:41--43, 9:40--49, 17:18-24, 23:41--43, 49-52, 59---60, and Fig. 3). Appellants argue that "in Choquier, when a server changes to a different service group, that server was either previously unused (in which case it was not running any service), or it switches from one server group to another," and "Choquier does not teach or in any way suggest that a particular computer can have multiple roles or be part of more than one service group." Br. 17. Appellants' arguments do not persuade us of error for the reasons stated by the Examiner. Ans. 2-5. Specifically, we are unpersuaded of error in view of the Examiner's unrebutted finding that a server depicted in Figure 4 of Choquier (MAIL/BBS Server 120e) runs multiple services. Ans. 3 (citing Choquier 2:16-19, 9:40--44, 16:21-26, and Fig. 4). We, therefore, sustain the Examiner's rejection of claim 1 and of claims 19 and 20 argued therewith. Br. 18. We also sustain the rejection of claims 11 and 15-16, argued essentially on the same basis. J d. at 18-21. Claims 3-5, 17, and 18 Claim 3 depends from claim 1 and recites "wherein the one or more roles that a computer takes in a CDN are selected from: caching, rendezvous, controlling, collecting, and reducing." The Examiner finds Choquier describes claim 3 's subject matter. Final Act. 8 (citing Choquier 6:1-3, 10-20, 48-52). Appellants argue "Choquier does not teach or suggest that the one or more roles that a computer takes in a CDN are selected from: caching, rendezvous, controlling, collecting, and reducing, as claimed." Br. 22. 3 Appeal 2017-011177 Application 14/578,402 We are unpersuaded of error for the reasons stated by the Examiner. Ans. 6-7. Specifically, we are persuaded that Choquier's disclosure of a bulletin board system includes multiple instances of collecting. Id. at 7 ( citing Choquier 6: 10-23). We, therefore, sustain the Examiner's rejection of claim 3. We also sustain the rejection of claims 4, 5, 17, and 18, argued on similar grounds. Id. at 22-26, 28-29. Claim 7 and the Remaining Claims Appellants' arguments with respect to claim 7 (Br. 26-28) are unpersuasive of error for the reasons stated by the Examiner (Ans. 9). We sustain the rejections of claims 2, 6, 8-10 because Appellants do not argue them separately. DECISION For the reasons above, we affirm the Examiner's decision rejecting claims 1-2 0. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. § 41.50(±). AFFIRMED 4 Copy with citationCopy as parenthetical citation