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 .
Response to Remarks
This communication is considered fully responsive to the amendment filed on 08/07/2025.
Claims 1-20 are pending and are examined in this office action.
No new claim has been added and no claim has been canceled.
In view of the Terminal Disclaimer, the previous double patent rejection has been withdrawn.
Response to Arguments
Applicant's arguments filed 08/07/2025 have been fully considered but they are not persuasive.
Applicant’s Argument:
Applicant argues in substance that combination of the SURESH in view of ZHAO do not teaches any of the claims limitations “obtain ranking data for data transport pathways between the service provider infrastructure system and an external system, wherein a respective data transport pathway from the data transport pathways includes a respective exit node in the service provider infrastructure system in communication with a respective entry node in the external system, and wherein to obtain the ranking data the processor executes the instructions to obtain at least a portion of the ranking data by testing a service provided by the external system via the entry node; and allocate a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data..” (see REMARKs pages 8-15).
Examiner’s Response:
The examiner respectfully disagrees. The claims merely recites, “obtain ranking data for data transport pathways between the service provider infrastructure system and an external system, wherein a respective data transport pathway from the data transport pathways includes a respective exit node in the service provider infrastructure system in communication with a respective entry node in the external system, and wherein to obtain the ranking data the processor executes the instructions to obtain at least a portion of the ranking data by testing a service provided by the external system via the entry node; and allocate a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data”.
According to Fig. 3, paragraphs 0049-0063 of the applicant’s specification, Budvytis et al. (US 20230216782 A1) , service provider infrastructure includes a client system communicate with Server System via service provider infrastructure to provide services from servers to the clients based on ranking data or the demand of the service in the client. There are multiple data transport paths or links or routes from clients to the servers.
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As per Fig. 1, fig. 4 and Par. 0025, 0031, 0065]-[0066], 0067]-[0069], [0031]; [0036]-[0037], [0043]-[0045]) [0071]-[0075] of SURESH (which were cited by the examiner along with supports paragraphs as shown here) , an apparatus or Network Manager 102 in Fig. 1, is resided between clients and servers to provide services from servers to clients based on ranking data or attributes. Aforesaid Network Manager connects different services to the clients from servers /external systems based on the demand: ([0034]-[0036]). Aforesaid Network Managers obtains ranking data or multiples attributes from clients. Aforesaid clients’ attributes (== ranking data in claim) help client’s service request to connects client with the service provider’s server out of multiple servers in the network : ([0065]). Multiple services includes, inter alia, “wireless streaming of multimedia content, remote login and remote management of devices, file sharing, video on demand, and wireless printing.” which are provided from servers to clients based on client’s attributes (==ranking data in claim) (see fig. 4 element 402, [0065]). These service are providing using multiple APs in Fig. 1 ( data transport paths in claims) between clients and servers ([0067]-[0069]).
SURESH teaches claim limitations , “obtain ranking data for data transport pathways between the service provider infrastructure system and an external system”.
<CLIENTs> [Wingdings font/0xDF]-- <AP1…APn>---[Wingdings font/0xE0]<NETWORK MANAGERs>[Wingdings font/0xDF]--------[Wingdings font/0xE0] <SERVERs>
SURESH further in [0031], [0036], [0037], 0043-0045 teaches that clients with attributes (==ranking data in claim) connects clients to servers for multiple services which clients wants to use. The services can be, inter alia, “streaming of multimedia content, remote login and remote management of devices, file sharing, video on demand, and wireless printing”. To do that aforesaid Network Manger use an AP in fig. 1 (==exit node in claim ) in provider’s infrastructure system and a server (==entry node in the external system) out of multiple servers which provides that particular service based on client’s attribute. ([0068], [0070]). This SURESH teaches “wherein to obtain the ranking data the processor executes the instructions to obtain at least a portion of the ranking data by testing a service provided by the external system via the entry node ” .
In addition, as shown in Fig. 3 of SURESH, the servers (S1-SN) are external to the access points (AP1 to APN) and thus broadly read on “an external system” as claimed. As further shown in Fig. 3 of SURESH, there is an individual or separate pathway between each access point (AP1 to APN) (== exit node) and server (S1-SN) (== entry node in the external system). Thus, the “connectivity tests” and “network speeds” as taught by SURESH [0053] are for individual pathways as claimed.
The claim also merely points out that the “system” obtains and ranks, and not an individual device/node as argued by applicant.
Thus claim limitation as written, clearly is taught by cited prior art SURESH.
ZHAO, in fig. 5A, paragraphs 0066 teaches, “ configurable rank scores (or more generally, performance metrics) for different types of possible intra-node connections” “ a highest rank score (e.g., 10) is accorded to an NVLink type connection (==LINKs or paths ) that exists in a GPU interconnect path, while a lowest rank score (e.g., 1) is accorded to a GPU interconnect path that includes a SOC”: : 0066]; Thus highest-ranking data transport pathway is used for data transfer. Thus ZHAO teaches claim limitations “allocate a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data”.
Applicant’s Argument and Examiner’s Response: for combination of arts:
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Suresh teaches “Example approaches for providing recommendations for connecting to servers are described. In an example, a category, from a plurality of categories, is identified for each of a plurality of servers providing a respective service. each server is grouped under the category identified for the respective server. The category indicates a recommendation for connecting to servers grouped under the category. The category is associated with a service, from a plurality of services, provided by the respective server.” (abstract] and Zhao teaches “Techniques are provided for topology-aware provisioning of computing resources in a distributed heterogeneous environment. For example, a method includes: receiving a service request from a client system to perform a data processing job in a server cluster; determining candidate accelerator devices that reside in server nodes of the server cluster, which can be utilized to perform the data processing job; determining a connection topology of each candidate accelerator device within the server nodes, and a performance ranking of each connection topology; utilizing the determined performance ranking of each connection topology to select a group of accelerator devices among the candidate accelerator devices, which can be provisioned to perform the data processing job, wherein the selected group of accelerator devices include candidate accelerator devices with connection topologies that have matching performance rankings; and scheduling and provisioning the selected group of accelerator devices to execute the data processing job.” (abstract]. Both Suresh and Zhao provides services to the clients from the servers and easily can be combined to provide desires salutation in the claims.
Regarding all dependent claims: the applicant alleges that all dependent claims are allowable since they depend from all the independent claims above. The examiner respectfully disagrees in view of the above explanation of independent claims. Thus the rejection is deemed proper.
.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-5, 7-12, 14-18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over SURESH et al. (US 20200162580 A1; hereinafter as “SURESH ”) in view of ZHAO et al. (US 20190312772 A1; hereinafter as “ZHAO”).
Examiner’s note: in what follows, references are drawn to SURESH unless otherwise mentioned.
Regarding claim 8, SURESH teaches, an apparatus (see fig. 1: Network Manager 102 ) of a service provider infrastructure system ( see fig. 3: : [0031]) comprising:
a non-transitory computer-readable storage medium (see fig. 1: Memory 128 ); and
a processor ( Processor 106 in fig. 1 ) that executes instructions stored in the non-transitory computer-readable storage medium ( “he network manager 102 includes a processor 106 and a memory 108 coupled to the processor 106. The memory 108 stores instructions executable by the processor 106. The instructions when executed by the processor 106 cause the processor 106 to receive a set of client interaction attributes from a network device (not shown in FIG. 1) in the network environment 100. The set of client interaction attributes is indicative of a correlation between a client, a service requested by the client device from the plurality of services, and a server, from the plurality of servers, which broadcasts the requested service. ”: [0025]) to:
obtain ranking data for data transport pathways between the service provider infrastructure system and an external system (==servers) (see fig. 4 where network manager receives set of clients connects using different client attributes to connect client device for service from a servers : [0065]-[0066]; fig. 4 element 406, 408 ranking based on attributes : [0067]-[0069] )
wherein a respective data transport pathway from the data transport pathways includes a respective exit node in the service provider infrastructure system in communication with a respective entry node in the external system ( aforesaid Network Manager connects a client device with an AP and Service provider Server using an AP : [0031]; [0036]-[0037], [0043]-[0045]) and
wherein to obtain the ranking data the processor executes the instructions to obtain at least a portion of the ranking data by testing a service provided by the external system via the entry node (“ At block 410, each server is grouped under the category identified for the respective server. At block 412, information related to the plurality of categories is transmitted to a plurality of client devices in the network environment. ”: [0071]; also see fig. 5 element 508 “ At block 508, the first subset of servers is ranked based on connectivity tests and network speed tests to obtain a ranked list of the first subset of servers. The ranked list of the first subset of servers may be grouped under the first category.”: [0075]).
SURESH does not expressively teach:
allocate a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data.
ZHAO, in the same field of endeavor, discloses:
allocate a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data ( “FIG. 5A illustrates a data structure 500 which comprises configurable rank scores (or more generally, performance metrics) for different types of possible intra-node connections in a given GPU server topology, according to an embodiment of the invention. More specifically, the data structure 500 comprises predefined (yet configurable) rank scores for the different types of possible connections as discussed above in conjunction with TABLE 1. As shown in FIG. 5A, a highest rank score (e.g., 10) is accorded to an NVLink type connection that exists in a GPU interconnect path, while a lowest rank score (e.g., 1) is accorded to a GPU interconnect path that includes a SOC type connection. In some embodiments, the different rank scores are determined based on prior knowledge, or based on a service provider benchmark. ”: [0066]; NOTE: highest-ranking data transport pathway is use for data transfer).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of SURESH to include the above recited limitations as taught by ZHAO. The suggestion/motivation would be to manage complex network at any time to improve the performance of the network (ZHAO; [0005).
Regarding claim 1, SURESH teaches, a method of automatic network configuration (figure 2-3, fig. 4-8: automatic network configuration to sends highest ranking/data traffic from computing device 202 to Application Service Device 212 in Fig. 2 ), the method comprising: obtaining, by a service provider infrastructure system, ranking data for data transport pathways between the service provider infrastructure system and an external system, wherein a respective data transport pathway from the data transport pathways includes a respective exit node in the service provider infrastructure system in communication with a respective entry node in the external system, wherein obtaining the ranking data includes obtaining at least a portion of the ranking data by testing a service provided by the external system via the entry node; and
allocating, by the service provider infrastructure system, a data transport pathway from the data transport pathways to a communication session, wherein the data transport pathway is a highest-ranking data transport pathway in the ranking data (Regarding rest of claim 1, the claim is interpreted and rejected for the same reason as set forth in claim 8).
Regarding claim 14, the claim is interpreted and rejected for the same reason as set forth in claim 8.
Regarding claim 2, SURESH in view of ZHAO teaches the invention of claim 1 as set forth above. Further, ZHAO teaches, wherein: obtaining the ranking data includes identifying a subset of the data transport pathways as a priority pool in accordance with the ranking data; and allocating the data transport pathway includes allocating the priority pool to the communication session (see fig. 5A-5B).
Regarding claim 3, SURESH in view of ZHAO teaches the invention of claim 1 as set forth above. Further, ZHAO teaches, wherein obtaining the ranking data includes:
identifying one or more available candidate exit nodes in the service provider infrastructure system, wherein the available candidate exit nodes include the respective exit node (see fig. 5B: network connection Type: 100Gbe, or 40GBE or 25Bge or 10 GBE etc. ).
Regarding claim 4, SURESH in view of ZHAO teaches the invention of claim 1 as set forth above. Further, SURESH teaches, wherein obtaining the ranking data includes: identifying attribute data for the respective exit node (see fig. 5 element 506 : “At block 506, a first subset of servers, from the first set of servers, are identified, based on the second subset of attributes. The operational state of the first subset of servers is online. Thus, the first subset of servers represents the “Frequently used servers” which are in an “online” operational state. ”: : [0074]).
Regarding claim 5, SURESH in view of ZHAO teaches the invention of claim 1 as set forth above. Further, ZHAO teaches, wherein obtaining the ranking data includes: generating test results data for the respective exit node (ping test: [0039]-[0041]).
Regarding claim 7, SURESH in view of ZHAO teaches the invention of claim 1 as set forth above. Further, SURESH teaches, wherein:
the service provider infrastructure system is a virtual private network service provider infrastructure system , the communication session includes a client system communicating with the external system and the service provider infrastructure system receives a protocol data unit associated with the communication session from the client system via a virtual private network tunnel (“The network environment may be a public network or a private network or the internet. Examples of the network environment include a WLAN, Wide Area Network (WAN), and Metropolitan Area Network (MAN). The network environment includes server(s), client device(s), and network device(s). A network device has capabilities of service discovery, address assignment, and hostname resolution and may enable the client devices to connect to the servers. The network environment includes a network manager. The network manager is capable of wireless and/or wired network management for the network device, such as an AP, a switch, and a gateway. The network manager has capabilities to control, configure and monitor health and usage of network devices in the network environment through software-defined Wide Area network (SD-WAN) management technologies. In an example, the network manager includes software-defined cloud-based network management capabilities. ”: [0014]; “FIG. 1 illustrates a network environment 100 for providing recommendations for connecting to servers broadcasting services, according to an example. The network environment 100 may include a Local Area Network (LAN), a MAN, a Campus Area Network (CAN), a WAN, or a combination thereof. In an example, the network environment 100 may be a private network, such as an intranet or may be connected to a larger network, such as the internet. ”: [0020]).
Regarding claim 9, the claim is interpreted and rejected for the same reason as set forth in claim 2.
Regarding claim 10, the claim is interpreted and rejected for the same reason as set forth in claim 3.
Regarding claim 11, the claim is interpreted and rejected for the same reason as set forth in claim 4.
Regarding claim 12, the claim is interpreted and rejected for the same reason as set forth in claim 5.
Regarding claim 15, the claim is interpreted and rejected for the same reason as set forth in claim 2
Regarding claim 16, the claim is interpreted and rejected for the same reason as set forth in claim 3.
Regarding claim 17, the claim is interpreted and rejected for the same reason as set forth in claim 4.
Regarding claim 18, the claim is interpreted and rejected for the same reason as set forth in claim 5.
Regarding claim 20, the claim is interpreted and rejected for the same reason as set forth in claim 7.
Claims 6, 13, 19 are rejected under 35 U.S.C. 103 as being unpatentable over SURESH in view of ZHAO and further in view of Kumar et al. (US 8776209 B1; hereinafter as “Kumar”).
Regarding claim 6, SURESH in view of ZHAO teaches the invention of claim 5 as set forth above. SURESH in view of ZHAO does not expressively disclose: wherein generating the test results data for the respective exit node includes: sending, to the external system, via the respective exit node in the service provider infrastructure system and the respective entry node in the external system, a request to access a resource of the external system; and
obtaining data indicating whether the resource is available via the respective exit node in the service provider infrastructure system and the respective entry node in the external system.
Kumar, in the same field of endeavor, discloses:
wherein generating the test results data for the respective exit node includes: sending, to the external system, via the respective exit node in the service provider infrastructure system and the respective entry node in the external system, a request to access a resource of the external system (“After establishing a tunneling session, a user directs browser 32 to access protected resource 22 on service provider 16. Browser 32 sends a request 56 to access check module 42 requesting access to protected resource 22. The destination hostname for request 56 may be a hostname that is agreed upon by service provider 16 and the organization associated with VPN gateway 14 ”: Col. 15 lines 54-67, col 16 lines 1-3; and
obtaining data indicating whether the resource is available via the respective exit node in the service provider infrastructure system and the respective entry node in the external system (“In response to receiving request 56, access check module 42 may determine whether the user identified in request 56 already has an established session with service provider 16. Access check module 42 may determine whether a requester has an established session with service provider 16, for example, by accessing a session token or cookie placed in the requester's browser when the session was established. If the user has an established session with service provider 16, access check module 42 may grant access to protected resource 22. Otherwise, if the user does not have an established tunneling session with service provider 16, then service provider 16 determines that the user will need to be authenticated.”: col. 16 lines 3-40) .
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the teaching of SURESH in view of ZHAO to include the above recited limitations as taught by Kumar. The suggestion/motivation would be providing time and cost savings to the enterprise in comparison to installing such resources and applications onto a network server or onto individual network device (Kumar; [Col. 1 lines 11-22).
Regarding claim 13, the claim is interpreted and rejected for the same reason as set forth in claim 6.
Regarding claim 19, the claim is interpreted and rejected for the same reason as set forth in claim 6.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M MOSTAZIR RAHMAN whose telephone number is (571)272-4785. The examiner can normally be reached 8:30am-5:00pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Derrick Ferris can be reached at 571-272-3123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M Mostazir Rahman/Examiner, Art Unit 2411
/DERRICK W FERRIS/Supervisory Patent Examiner, Art Unit 2411
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