- Apr 11, 2013
- 3
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I am a patent attorney negotiating with a patent examiner at the US patent office. The Examiner is asserting that in a system with virtual guest operating systems as depicted in the Nelson patent (link below)
https://docs.google.com/viewer?url=www.google.com/patents/US7620955.pdf&pli=1
that the underlying kernel 600 in Fig. 1 is a host operating system. The Examiner is asserting this so to read on the patent application claims I am trying to patent.
1. In my arguments with the patent office, it would be good for me to be able to legitimately state that the kernel 600 in Fig. 1 of the Nelson patent is NOT a host operating system. (By the way, the Nelson patent does disclose a commodity operating system COS 420 in Fig. 1)
2. Any thoughts? Can the patent examiner legitimately call the kernel 600 a host operating system? Again, if this is not reasonable, that would help me.
3. In my patent application, the host operating system (on which virtual guest operating systems function) are generally described as Windows systems such as Microsoft Windows Home Server, but my patent application claim generically recites "host operating system."
https://docs.google.com/viewer?url=www.google.com/patents/US7620955.pdf&pli=1
that the underlying kernel 600 in Fig. 1 is a host operating system. The Examiner is asserting this so to read on the patent application claims I am trying to patent.
1. In my arguments with the patent office, it would be good for me to be able to legitimately state that the kernel 600 in Fig. 1 of the Nelson patent is NOT a host operating system. (By the way, the Nelson patent does disclose a commodity operating system COS 420 in Fig. 1)
2. Any thoughts? Can the patent examiner legitimately call the kernel 600 a host operating system? Again, if this is not reasonable, that would help me.
3. In my patent application, the host operating system (on which virtual guest operating systems function) are generally described as Windows systems such as Microsoft Windows Home Server, but my patent application claim generically recites "host operating system."
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