DETAILED ACTION
This Office action is in response to the amendment filed January 22, 2025.
Claims 1, 2, 4, 6-12, 14, and 16-24 are pending and have been examined.
Claims 1, 2, and 11 have been amended.
Claims 3, 5, 13, and 15 have been canceled.
Claims 21-24 have been added.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/22/2025 has been entered.
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 .
Response to Amendment
Claim Objections
Claim 22 is objected to because of the following informalities: it does not end with a period. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 2, 4, 6-12, 14, and 16-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 1, line 16 recites “breaking” the source message broker while retaining the connections. It is unclear in the claim what the meaning of “breaking” is as it could encompass breaking or rendering the source message broker inoperable. It is assumed “breaking” means to break up the source message broker into granular components (as recited in the specification above table A). Claim 11 suffers from a similar deficiency.
Claim 2, line 3 recites the quantum change for migrating the broker is calculated based on “complexity.” This is a relative term which renders the claim indefinite. The term “complexity” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification discusses balancing the complexity of existing applications especially old brokers or applications without an SME and repeats that the broker’s size and complexity is assessed.
Claims 1, 4, 6-10, 12, 14, and 16-24 are rejected to because of their dependency from rejected claims.
Appropriate correction is required.
Response to Arguments
Rejection of claims under §103:
Applicant's arguments and amendments filed 01/22/2025 have been considered and are persuasive and compelling that the prior art does not anticipate nor render obvious the claims as a whole.
Conclusion
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/KIMBERLY L JORDAN/Examiner, Art Unit 2194