DETAILED ACTION
Remarks
Applicant presents a communication filed 15 May 2026 in response to the 20 February 2026 non-final Office action (the “Previous Action”).
Claims 1, 9 and 17 are amended.
Claims 1, 4-9 and 12-20 are pending. Claims 1, 9 and 17 are the independent claims.
Any unpersuasive arguments are addressed in the “Response to Arguments” section below.
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 .
Examiner Notes
Examiner cites particular columns, paragraphs, figures and line numbers in the references as applied to the claims below for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested that, in preparing responses, the applicant fully consider the references in their entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Response to Arguments
Applicant’s arguments are moot in view of the new ground(s) of rejection below, necessitated by Applicant’s amendments.
Claim Rejections - 35 USC § 112
The Previous Action’s § 112 rejections are withdrawn in view of Applicant’s claim amendments unless reproduced herein below.
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, 4-9, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen et al. (US 2015/0082282) (art of record – hereinafter Larsen) in view of Quadros et al. (US 10,013,340) (art of record – hereinafter Quadros) in view of Burmester et al. (US 2008/0109475) (art of record – hereinafter Burmester) in view of St. Clair et al. (US 2008/0263505) (art of record – hereafter St. Clair) in view of Dmitrivich et al. (US 2015/0006966) (art made of record – hereinafter Dmitrovich).
As to claim 1, Larsen discloses a computer-implemented method, comprising:
selecting an application for testing (e.g., Larsen, par. [0097]: the mobile application designated for testing)
triggering instantiation of a plurality of software agents, each software agent instantiated in a respective one of a plurality of a remote cloud computing infrastructures (e.g., Larsen, par. [0091]: target test cloud may comprise one or more mobile computers [each mobile computer being a cloud infrastructure]; par. [0096]: commands may be performed by the client testing application [agent] that is installed on each mobile computer [installing and running the client application being instantiating]) each software testing agent implementing one or more serverless automation script execution engines; (e.g., Larsen, par. [0074]: client test application 322 may be employed to remote control mobile application 324 based on test scripts that may be provided by sever computer 114 [so the client test application itself is serverless in the sense that it is not the server and does not execute there])
providing test instructions to each software agent, (e.g., Larsen, par. [0096]: testing platform 508 may employ one or more test scripts that enable it to send commands to mobile computers 414 [respective remote cloud computing infrastructures, see above] that may be performed by the client testing application on each mobile computer. The client testing application executes the test script on each mobile computer; par. [0145]: to test applications on the mobile computers)
test the application for testing in the respective remote cloud infrastructure (e.g., Larsen, par. [0154]: test scripts may drive the client testing application [agent] on each mobile computer [cloud computing infrastructure, see above])
receiving test results from each software agent, the test results received from each software agent representing interaction of the software agent and the application for testing based on the test script in the respective remote cloud computing infrastructure (e.g., Larsen, par. [0154]: test scripts may drive the client testing application [agent] on each mobile computer [cloud computing infrastructure, see above] to perform a sequence of actions; par. [0030]: the term “test step” may be a portion of a script arranged to perform one or more actions; par. [0112]: the client testing application [software agent] may report information related to execution of the test(s) and/or the monitored metrics to the testing control application; par. [0112]: testing control application may be arranged to use the test results collected by the client testing application to generate one or more reports; par. [0158]: step-by-step display of the execution and test results of the test runs may be displayed).
Larsen does not explicitly disclose testing in a plurality of geographic regions; each remote cloud computing infrastructure corresponding to a respective one of the geographic regions, each software agent implementing one or more serverless automation script execution engines; deriving natural language test instructions from data including a Requirements Traceability Matrix (RTM) indicating one or more natural language test intents corresponding to the application for testing; natural language test instructions, the test instructions instructing the software agent to: obtaining, using each software agent, a plurality of user interface-configurable characteristics representing current conditions at the respective geographic region, the user interface-configurable characteristics including a plurality of device types, a plurality of operating system, a popularity of browsers, and a plurality of supported applications currently in use at the respective remote cloud computing infrastructure; instantiating, using each software agent, virtual computing resources based on the user interface-configurable characteristics at the respective geographic region, the virtual computing resources including combinations of the device types, the operating systems, the browsers, and the supported applications; and generating, using each software agent, a test script configured to test the application for testing using the one or more natural language test intents as indicated by the RTM and using the virtual computing resources, executing, using each software agent, the test script to at least control browser interactions with the application for testing.
However, in an analogous art, Quadros discloses:
testing in a plurality of geographic regions; (e.g., Quadros, col. 2 l. 65- col. 3 l. 1: parameters indicating a computing instance to be tested; col. 15 ll. 1-6: the plurality of parameters may include a geographical region. A geographical region may include a set of locations “(e.g., in a continent or a country)” in which physical data and/or processing centers for a service provide environment are housed)
each remote cloud infrastructure corresponding to a respective one of the geographic regions; (e.g., Quadros, Fig. 4 and associated text, col. 12 ll. 25-21: those familiar with the art will recognize that the computing service 400 may be described as a “cloud” environment. The server computers 402a-d [remote cloud infrastructures] may be known as physical hosts; col. 11 ll. 60-63: computing instances 404a-d [in service 400 on physical hosts 402a-d, see figure]; col. 2 l. 65- col. 3 l. 1: parameters indicating a computing instance to be tested; col. 15 ll. 1-6: the plurality of parameters may include a geographical region)
obtaining, using each software agent, a plurality of user interface-configurable characteristics (e.g., Quadros, col. 9 ll. 33-35: a configuration generator 218 may generate parameter combinations 22 based on a user-provided pattern, definition or function [a user providing information would require a user interface]; col. 11 ll. 20-24: each of the runner agents 308a-n may execute the tests in accordance with the parameter combination provided; claim 2: the runner agent is configured to request creation of a computing instance based on the computing instance configuration defined by the parameter combination) representing current conditions at the respective geographic region, (e.g., Quadros, col. 5 ll. 14-17: an engineer may wish to test computing resources with many different configurations to ensure that resources using those configurations will perform acceptable under desired conditions; col. 2 ll. 16-17: combinations of test parameters specify different resource configurations; col. 15 ll. 1-6: the plurality of parameters may include a type of disk, a geographical region. A geographical region may include a set of locations “(e.g., in a continent or a country)” in which physical data and/or processing centers for a service provide environment are housed) the user interface-configurable characteristics including a plurality of device types, a plurality of operating system, and a plurality of supported applications currently in use at the respective remote cloud computing infrastructure; (e.g., Quadros, col. 2 ll. 15-17: combinations that specify different and varying configuration may be generated; col. 13 ll. 51-53: each parameter combination can define a respective virtual instance configuration to be tested; col. 13 ll. 5-9: the configuration may include an operating system, provide one or more applications to be installed [supported] in computing instances 404a-d; col. 2 ll. 2-11: a given configuration may include a type of memory or storage volume used by the resource and/or a type of processing capability provided by the resource)
instantiating, using each software agent, virtual computing resources based on the user interface-configurable characteristics (e.g., Quadros, col. 7 ll. 38-39: each of the computing instances may execute a respective runner agent; claim 2: the runner agent is configured to request creation of a computing instance based on the computing instance configuration defined by the parameter combination; col. 13 ll. 51-53: each parameter combination can define a respective virtual instance configuration to be tested; col. 15 ll. 14-15: virtual instances having virtual instance configurations defined by the parameter combinations; col. 12 ll. 35-40: instances 404a-d may be virtual machines) at the respective geographic region, the virtual computing resources including combinations of the device types, the operating systems, and the supported applications (see above, each instance has a configuration and a configuration includes geographic region of the physical host, device type, operating system and supported applications).
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 testing instructions, agents and testing infrastructures of Larsen such that each infrastructure is in a particular geographic region, each agent obtains a plurality of user interface-configurable characteristics representing current conditions at the respective geographic region, the user interface-configurable characteristics including a plurality of device types, a plurality of operating system, and a plurality of supported applications currently in use at the respective remote cloud computing infrastructure; each agent instantiates virtual computing resources based on the characteristics at the respective geographic region, the virtual computing resources including combinations of the device types, the operating systems, and the supported applications, as taught by Ouadros, as Quadros would provide the advantages of a means for the agent to create a virtual device emulating desired conditions for the test, a means of testing a computing configuration that includes a desired continent or country and a means of avoiding the costs of buying underlying hardware meeting each desired criteria. (See Quadros claim 2, col. 2 ll. 25-30, col. 15 ll. 1-5, and col. 12 ll. 17-22).
Further, in an analogous art, Burmester discloses:
deriving natural language test instructions from data including requirements indicating one or more natural language test intents corresponding to the application for testing; (e.g., Burmester, par. [0030]: after the creation of a natural language requirement description, the data processing system performs a transformation that converts the requirement description [natural language test intents] into a natural language test specification [natural language test instructions]; par. [0437]: the test specification should describe the test steps necessary for testing the requirement from which it was generated)
the natural language test instructions (see below)
generating, using each software agent, a test script configured to test the application using the one or more natural language test intents as indicated by the requirements (e.g., Burmester, par. [0427]: an executable test program, which is called the test implementation [test script]; par. [0490]: the AutomationDesk test automation tool [software agent] can be extended with an import functionality that creates a test implementation [test script] from [as indicated by] a test specification; par. [0123]: a test implementation [test script] tests the functionality of an embedded system, said functionality being defined in a requirement [intent, see above]; par. [0299]: three functions in the software [application] of an embedded system) and using the virtual computing resources; (e.g., Burmester, par. [0187]: the embedded system can be tested as test objects in a completely simulated environment).
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 agents, test instructions the agents receive and virtual computing resources taught by Larsen/Quadros such that the instructions are natural language instructions derived from requirements indicating natural language test intents corresponding to the application and such that the agent generate a test script to test the application for testing using the one or more natural language test intents as indicated by the requirements using the virtual computing resources, as taught by Burmester, as Burmester would provide the advantages of a means generating an executable test script from human-written requirements and a means of generating test instructions readable by a human user (See Burmester, pars. [0006], [0114] and [0427]).
Further still, in analogous art, St. Clair, discloses
requirements in the form of a Requirements Traceability Matrix (RTM) (e.g., St. Clair, par. [0002]: requirements information in the form of a requirements traceability matrix).
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 requirements Larsen/Quadros/Burmester such that they comprise a traceability matrix, as taught by St. Clair, as St. Clair would provide the advantage of a means of tracing the implementation of the requirements in source code. (See St. Clair, par. [0002]). Burmester also suggests the combination because it suggests deriving tests from requirements with and St. Clair shows that requirements can exist in the form of a traceability matrix.
Finally, in an analogous art, Dimitrovich discloses:
the user interface-configurable characteristics including a plurality of browsers; (e.g., Dmitrovich, par. [0016]: the user may specify desired OS/browser combinations to be used during the testing; par. [0047]: a user may request that testing be performed for each browser/OS combination that is used by 2 percent or more of the population in the geographic region of interest to the user)
the virtual computing resources including combinations of the browsers, (e.g., Dmitrovich, Fig. 3 and associated text, par. [0043]: the first virtual machine 310-1 may be configured with OS A 312-1 and the second virtual machine 310-2 may be configured with OS B 312-2. Further, a first browser X 314-1 may be configured on the first virtual machine 310-1, and a second browser Y 314-2 may be configured on the second virtual machine 310-2) and
executing, using each software agent, the test script to at least control browser interactions with the application for testing (e.g., Dmitrovich, par. [0015]: test instructions may cause browsers to carryout out functions simulating interaction with the test target; Fig. 3 and associated text, par. [0042]: an instance of a test execution component 120 on each of the workers 222; par. [0043]: a plug-in may enable a browser to be controlled by test instructions in the test execution chunks. The test execution component 120 may serve as the plug-in for controlling the browser during the testing).
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 software agents executing test scripts and instantiation of virtual resources having user interface-configurable characteristics used during the testing taught by Larsen/Quadros such that the user interface-configurable characteristics include popularity of browsers, the virtual computing resources include combinations of the browsers and the test script is executed using each software agent to control browser interactions with the application for testing as taught by Dmitrovich, as Dmitrovich would provide the advantage of a means of testing that a component works as intended when interacting with different web browsers. (See Dmitrovich, par. [0002]).
As to claim 4, Larsen/Quadros/Burmester/St Clair/Dmitrovich discloses the method of claim 1 (see rejection of claim 1 above), Larsen further discloses:
wherein the application for testing is a web application, (e.g., Larsen, par. [0026]: while the term mobile application is used throughout this description, one of ordinary skill will appreciate that other types of application are within the scope of the disclosed innovations, including web applications) and wherein configuration parameters include one or more browser types for combinations of one or more device types and one or more operating systems (e.g., Larsen, par. [0144]: a user may filter the mobile computers based on the various installed mobile applications, such as, web browsers, messaging applications and the like. For example, a user may generate a filter to include Samsung smart phones running recent versions of Android Operating System).
Larsen does not explicitly disclose configuration parameters for each software agent.
However, in an analogous art, Quadros discloses:
configuration parameters for each software agent (e.g., Quadros, col. 2 l. 65- col. 3 l. 3: parameters indicating a computing instance configuration to be tested; col. 14 ll. 17-18: executing the test on a virtual instance launched by a runner agent; col. 11 ll. 20-25: runner agents may execute one or more tests in accordance with the parameter combination provided to the runner agent’s corresponding test pipeline).
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 testing criteria and agents of Larsen such that the criteria are for the agents, as taught by Ouadros, as Quadros would provide the advantages of a means for the agent to create a virtual device meeting desired testing criteria. (See Quadros claim 2).
As to claim 5, Larsen/Quadros/Burmester/St Clair/Dmitrovich discloses the method of claim 4 (see rejection of claim 4 above), but Larsen/Quadros/Burmester/St Clair does not explicitly disclose wherein at least some of the test script is configured to control browser interactions.
However, in an analogous art, Dimitrovich discloses:
wherein at least some of the test script is configured to control browser interactions (e.g., Dmitrovich, par. [0015]: test instructions [test script] may cause browsers to carryout out functions simulating interaction with the test target; Fig. 3 and associated text, par. [0042]: an instance of a test execution component 120 on each of the workers 222; par. [0043]: a plug-in may enable a browser to be controlled by test instructions in the test execution chunks. The test execution component 120 may serve as the plug-in for controlling the browser during the testing).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claim invention to modify the scripts of Larsen to include controlling browser interactions with the application, as taught by Dimitrovich, as Dimitrovich would provide the advantage of a means of testing that a component works as intended when interacting with a web browser. (See Dmitrovich, par. [0002]).
As to claim 6, Larsen/Quadros/Burmester/St Clair/Dmitrovich discloses the method of claim 1 (see rejection of claim 1 above), Larsen further discloses:
wherein the application for testing is a mobile application, and wherein at least some of the test script is configured to control mobile operating system interactions with the application for testing (e.g., Larsen, Fig. 24 and associated text, par. [0207]: FIG. 24 shows a portion of test script 2400. In this case, line 2402 and 21404 and entering a username and password into a form of a mobile application. Line 2406 shows how a command may be sent to the application to simulate an action; par. [0097]: a mobile application targeted for Android devices [if the application is running on a particular operating system, interactions with it are mobile operating system interactions]).
As to claim 7, Larsen/Quadros/Burmester/St Clair/Dmitrovich discloses the method of claim 1 (see rejection of claim 1 above), but Larsen does not explicitly disclose wherein each software agent is configured to trigger instantiation of the virtual computing resources in the respective remote cloud computing infrastructure in the corresponding geographic region.
However, in an analogous art, Quadros discloses:
wherein each software agent is configured to trigger instantiation of the virtual computing resources in the respective remote cloud computing infrastructure in the corresponding geographic region (e.g., Quadros, Fig. 4 and associated text, col. 14 ll. 17-18: a virtual instance launched by runner agent [in a respective remote cloud computing infrastructure in a corresponding geographic region, see above]; claim 2: the runner agent is configured to retrieve the parameter combination, request creation of a computing instance based at least in part on the computing instance configuration).
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 agents of Larsen such that the agent is configured to trigger instantiation of virtual computing resources in the remote cloud computing infrastructure in the corresponding geographic region, as taught by Ouadros, as Quadros would provide the advantages of a means of testing a computing configuration that includes a desired continent or country and a means of avoiding the costs of buying underlying hardware meeting each desired criteria. (See Quadros claim 2, col. 2 ll. 25-30, col. 15 ll. 1-5, and col. 12 ll. 17-22).
As to claim 8, Larsen/Quadros/Burmester/St Clair/Dmitrovich discloses the method of claim 1 (see rejection of claim 1 above), Larsen but does not explicitly disclose further comprising specifying configuration parameters for each software agent, including selecting a previously stored configuration parameter set.
However, in an analogous art, Quadros discloses:
further comprising specifying configuration parameters for each software agent, including selecting a previously stored configuration parameter set (e.g., Quadros, col. 11 ll. 20-25: runner agents may execute one or more tests in accordance with the parameter combination provided to the runner agent’s corresponding test pipeline; col. 14 ll. 57-62: one operation of the method 600 may be selecting a plurality of parameter combinations. A parameter combination may define a virtual instance configuration and may be stored in a first data store; col. 15 ll. 24-26: at block 650, another operation may be designating a parameter combination from the parameter combinations for a test pipeline).
It would have been obvious before to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the parameter specification and agents of Larsen to include specifying parameters for the software agents by selecting a previously stored configuration parameter set, as taught by Quadros, as Quadros would provide the advantage of a means for the agent to identify which parameter set is to be used for testing. (See Quadros, claim 2, Figure 6 steps 683 and 650).
As to claim 9, it is a system claim whose limitations are substantially the same as claim 1. Accordingly, it is rejected for substantially the same reasons. Further limitations, disclosed by Larsen, include:
one or more computing devices including memory and one or more process, the one or more computing devices being configured (e.g., Larsen, par. [0185]) to: (see rejection of claim 1 above).
As to claim 12, it is a system claim whose limitations are substantially the same as claim 4. Accordingly, it is rejected for substantially the same reasons.
As to claim 13, it is a system claim whose limitations are substantially the same as claim 5. Accordingly, it is rejected for substantially the same reasons.
As to claim 14, it is a system claim whose limitations are substantially the same as claim 6. Accordingly, it is rejected for substantially the same reasons.
As to claim 15, it is a system claim whose limitations are substantially the same as claim 7. Accordingly, it is rejected for substantially the same reasons.
As to claim 16, it is a system claim whose limitations are substantially the same as claim 8. Accordingly, it is rejected for substantially the same reasons.
As to claim 17, it is a system claim whose limitations are substantially the same as claim 1. Accordingly, it is rejected for substantially the same reasons. Further limitations, disclosed by Larsen, include:
one or more non-transitory computer-readable media having computer program instructions stored therein, the computer program instructions being configured such that, when executed by one or more computing devices (e.g., Larsen, par. [0185]), the one or more computing devices: (see rejection of claim 1 above).
As to claim 18, it is a computer program product claim whose limitations are substantially the same as claim 4. Accordingly, it is rejected for substantially the same reasons.
As to claim 19, it is a computer program product claim whose limitations are substantially the same as claim 6. Accordingly, it is rejected for substantially the same reasons.
As to claim 20, it is a computer program product claim whose limitations are substantially the same as claim 7. Accordingly, it is rejected for substantially the same reasons.
In the alternative, claims 1, 4-9, and 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Larsen (US 2015/0082282) in view of Quadros (US 10,013,340) in view of Burmeister (US 2008/0109475)) in view of St. Clair (US 2008/0263505) in view of Dmitrivich (US 2015/0006966) in view of Behrendt et al. (US 10,409,654) (art made of record – hereinafter Behrendt).
As to claims 1, 9 and 17, Larsen/Quadros/Burmester/St. Clair/Dmitrivich discloses all of the features of these claims for the reasons set forth above, though in the alternative, while Larsen discloses each software agent implementing one or automation script execution engines (see rejection of claim 1 above), Larsen does not explicitly disclose that the engines are serverless.
However, in an analogous art, Behrendt discloses:
serverless software (e.g., Behrendt, col. 1 ll. 5-10: serverless computing refers to a computing model where the existence of servers is hidden from the program developer. Even though the servers exist, the developer is relieved from the need to consider the operation of the servers)
It would have been obvious to modify the automation script execution engines of Larsen/Quadros/Burmester/St. Clair/Dmitrivich such that that software is serverless, as taught by Behrendt, as Behrendt would provide the advantages of a means of simplified development and a means for the developer to focus on value added code. (See Behrendt, col. 1 ll. 13-15).
As to claims 4-8, 12-16 and 18-20, the claims are rejected for the same reasons set forth above with respect to these claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. In particular, US 10,409,590 to Zoubeiri discloses at col. 14 ll. 49-52 that functionality may be considered serverless when it does not reside on the server of the data resources with which it interacts.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TODD AGUILERA whose telephone number is (571)270-5186. The examiner can normally be reached M-F 11AM - 7:30PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hyung S Sough can be reached at (571)272-6799. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TODD AGUILERA/Primary Examiner, Art Unit 2192
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