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 .
DETAILED CORRESPONDENCE
Status of Claims
Claims 1, 7, 13 have been amended.
No claims have been cancelled.
No claims have been added.
Information Disclosure Statement
The information disclosure statement filed October 7, 2022 fails to comply with 37 CFR 1.98(a)(1)(ii) as no heading has been provided indicating that the NPL is an IDS; 1.98(a)(1)(iii) as no space has been provided to allow the Examiner to initial each reference; and 1.98(b)(3) as a docket number is not a substitute for an inventor’s name. The information disclosure statement has been placed in the application file, but the information referred to therein has not been considered.
Claim Rejections - 35 USC § 102
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Palmero et al. (US PGPub 2023/0239211 A1).
In regards to claims 1, 7, 13, Palmero discloses (Claim 1) a method for performing an information technology (IT) ecosystem management and monitoring operation, comprising; (Claim 7) a system comprising; (Claim 13) a non-transitory, computer-readable storage medium embodying computer program code, the computer program code comprising computer executable instructions configured for:
In regards to:
(Claim 7) processor;
(Claim 7) a data bus coupled to the processor; and
(Claim 7) a non-transitory, computer-readable storage medium embodying computer program code, the non-transitory, computer-readable storage medium being coupled to the data bus, the computer program code interacting with a plurality of computer operations and comprising instructions executable by the processor and configured for
(¶ 21, 33, 98, 99 wherein the system comprises, at least, a server/computing device(s) executing software for performing the method, as will be discussed in more detail below, as well as a plurality of monitored networked devices, hardware, software, or a combination thereof)
In regards to:
(Claim 1) executing a sustainability application on a hardware processor of an information handling system, the information handling system being configured according to a modular IT component architecture, the module IT component being configured with a collection of sub-components, the collection of sub-components being configured to be connected together in a modular configuration, the modular IT component architecture allowing sub-components of the information handling system to be replaced without affecting other sub-components of the information handling system;
(Claim 7) providing a sustainability application to an information handling system;
(Claim 13) providing a sustainability application to an information handling system;
(¶ 21, 33, 98, 99 wherein the system comprises, at least, a server/computing device(s) executing software for performing the method, as will be discussed in more detail below, as well as a plurality of monitored networked devices, hardware, software, or a combination thereof;
First, with regards to, “the information handling system being configured according to a modular IT component architecture, the module IT component being configured with a collection of sub-components, the collection of sub-components being configured to be connected together in a modular configuration, the modular IT component architecture allowing sub-components of the information handling system to be replaced without affecting other sub-components of the information handling system” is doing nothing more than reciting an overly broad concept that encompasses the interpretation that a component within a computer, computer network, or etc. can be replaced while still allowing the computer, computer network, or etc. to continue to still function after the component has been replaced and then describing that the computer, computer network, or etc. is comprised of a plurality of components that work together. As a non-limiting example, the limitation reads on describing a generic computer or generic computers communicating with one another, describing that the generic computer is comprised of a plurality of components that can work together to make the computer function, e.g., RAM, storage, and etc., or that the computer network is comprised of a plurality of computer communicating with one another (i.e. working together), that one of the components can be replaced, e.g., RAM from a computer, replacing a computer in a network, or replacing a component (e.g., RAM) of a computer in the network), for another component, i.e. different RAM, and that after replacement the computer/computer network still works.
With that said, see ¶ 30, 51, 61 – 73 (regarding of recommendation examples), 80, 82 wherein the system communicates between the plurality of monitored networked devices, hardware, software, or a combination thereof and monitoring software, as well as analyzes the collected data, to perform an IT sustainability empowerment solution, e.g., providing a recommendation to implement a change to configuration or operating parameter of a device or to a system that includes the device in order to improve, i.e. empower, the sustainability score of a device and/or system. As non-limiting examples, the recommendation can be to switch to a different physical interface that is unused, i.e. replacing a component for a different component; move data to a different network device that performs the same function; remanufacturing a network device; and etc., but still resulting in allowing the overall system to continue functioning after replacement.);
(Claim 1) obtaining sustainability information regarding the information handling system via the sustainability application
(¶ 28, 35, 52, 58 wherein the system obtains sustainability information regarding the plurality of monitored networked devices, hardware, software, or a combination thereof via the software that is monitoring and analyzing the system and its monitored networked devices, hardware, software, or a combination thereof);
providing an IT ecosystem monitoring and management console, the IT ecosystem monitoring and management console comprising an IT ecosystem sustainability system, the IT ecosystem sustainability system comprising a sustainability component (¶ 21, 28, 31, 33, 35, 49, 51, 80, 92 wherein the system is provided with a console that collects and analyzes the information associated with the operations/performance of the plurality of monitored networked devices, hardware, software, or a combination thereof, determines the state of these components, and reports its findings/recommendation to a user to review); and,
In regards to:
communicating between the sustainability component and the sustainability application to perform an IT sustainability empowerment operation, the communicating providing the sustainability component with the sustainability information regarding the information handling system, the IT sustainability empowerment operation empowering performance of a sustainability operation, the sustainability operation comprising a circular sustainability operation, the circular sustainability operation including procurement, deployment, operation, management, maintenance, remediation, replacement, repurposing, reassignment, repair, reconfiguration, refurbishment, remanufacture, resale, recycling, or recovery, or a combination thereof, of a particular IT component or sub-component, throughout a lifecycle of the IT component to reduce an impact of the IT component on the environment, the circular sustainability operation including a predict and model step, a subscribe step, a deploy step, a support step, a use step, and a sustain step,
the predict and model step being performed to establish requirements, standards and goals for the procurement, deployment, implementation, operation, management, maintenance, remediation, replacement, repurposing, reassignment, repair, reconfiguration, refurbishment, remanufacture, resale, recycling, or recovery, or a combination thereof, of a particular IT component,
the subscribe step and the deploy step being performed individually or in combination, to reduce the amount of waste at typical end-of-life (EOL) for the particular IT component by creating additional options for procurement, deployment, implementation, operation, management, maintenance, remediation, replacement, repurposing, reassignment, repair, reconfiguration, refurbishment, remanufacture, resale, recycling, or recovery, or a combination thereof, of the particular IT component,
the support step and the use step being performed individually or in combination, to achieve IT sustainability servicing goals,
the sustain step, being performed individually or in combination with the predict and model step to predict a carbon footprint associated with procurement, deployment, implementation, operation, management, maintenance, remediation, replacement, repurposing, reassignment, repair, reconfiguration, refurbishment, remanufacture, resale, recycling, or recovery, or a combination thereof, of the particular IT component over a lifecycle of the particular IT component
(¶ 30, 51, 61 – 73 (regarding of recommendation examples), 80, 82 wherein the system communicates between the plurality of monitored networked devices, hardware, software, or a combination thereof and monitoring software, as well as analyzes the collected data, to perform an IT sustainability empowerment solution, e.g., providing a recommendation to implement a change to configuration or operating parameter of a device or to a system that includes the device in order to improve, i.e. empower, the sustainability score of a device and/or system throughout its lifecycle, thereby reducing the impact of the IT component on the environment, such as, but not limited to, the 5 R’s (recycle, reuse, reduce, refuse, and repurpose).
(predict and model step) ¶ 30, 51, 86, 88, 89, 90, 94 wherein sustainable development goals, policies, regulatory compliance, and targets are provided to achieve/comply with sustainability objectives, such as those discussed above;
(subscribe step and deploy step) ¶ 51, 61 – 73 wherein a plurality of options/recommendations are available and can be deployed in order to reduce the amount of waste for the EOL of an IT component;
(support step and use step) ¶ 30, 51, 61 – 73, 80, 82 wherein steps are performed to achieve IT sustainability servicing goals;
(sustain step) ¶ 59, 76, 92, 95, 96 wherein predictions are determined to assist with achieving sustainability goals over the lifecycle of an IT component based on development goals, policies, regulatory compliance, and targets
Finally, “empower” and “to reduce the impact of the IT component on the environment” is directed towards describing an intent. The limitation is directed towards communicating and then proceeds with describing an intent based on the communication. That is to say, “empowering” does not rise to the same level as actually performing or executing the circular sustainability operation, but merely describes what the operation could be because the claimed invention, at no point, does not actually perform any of the broadly recited potential actions that are included in the circular sustainability operation, but merely provides the necessary information to allow for the intent to be performed in a generic manner.).
In regards to claims 2, 8, 14, Palmero discloses the method of claim 1 (the system of claim 7; the non-transitory, computer-readable storage medium of claim 13), wherein:
the sustainability component comprises an IT sustainability empowerment component; and,
the IT sustainability empowerment component performs the IT sustainability empowerment operation
(¶ 30, 51, 61 – 73 (regarding of recommendation examples), 80, 82 wherein the system communicates between the plurality of monitored networked devices, hardware, software, or a combination thereof and monitoring software, as well as analyzes the collected data, to perform an IT sustainability empowerment solution, e.g., providing a recommendation to implement a change to configuration or operating parameter of a device or to a system that includes the device in order to improve, i.e. empower, the sustainability score of a device and/or system).
In regards to claims 3, 9, 15, Palmero discloses the method of claim 2 (the system of claim 8; the non-transitory, computer-readable storage medium of claim 14), wherein:
the IT sustainability empowerment component comprises a sustainability portal module;
the IT sustainability empowerment operation comprises a sustainability portal operation; and,
(Claim 3) the sustainability portal module performs the sustainability portal operation, the sustainability portal operation using the sustainability information regarding the information handling system
(Claim 9) the sustainability portal module performs the sustainability portal operation, the sustainability portal operation using the sustainability information regarding the information handling system
(Fig. 6, 7; ¶ 51, 61 – 73 (regarding of recommendation examples), 94, 95, 96 wherein the system includes a portal module by providing a user with a visualization of their sustainability score, wherein the score is based on the collected and analyzed information, as well as recommendation, which further provides a user with information of how they can improve performance, operations, or the like).
In regards to claims 4, 10, 16, Palmero discloses the method of claim 2 (the system of claim 8; the non-transitory, computer-readable storage medium of claim 14), wherein:
the IT sustainability empowerment component comprises a sustainability gamification module;
the IT sustainability empowerment operation comprises a sustainability gamification operation; and,
the sustainability gamification module performs the sustainability gamification operation, the sustainability gamification operation using the sustainability information regarding the information handling system
(Fig. 6, 7; ¶ 51, 61 – 73 (regarding of recommendation examples), 94, 95, 96 wherein the system includes a gamification module by providing a user with a visualization of their sustainability score, wherein the score is based on the collected and analyzed information, as well as recommendation, which further provides a user with information of how they can improve performance, operations, or the like).
In regards to claims 5, 11, 17, Palmero discloses the method of claim 2 (the system of claim 8; the non-transitory, computer-readable storage medium of claim 14), wherein:
the IT sustainability empowerment component comprises an information handling system specific sustainability hub module;
the IT sustainability empowerment operation comprises an information handling system specific sustainability hub operation; and,
the information handling system specific sustainability hub module performs the information handling system specific sustainability hub operation, the information handling system specific sustainability hub operation using the sustainability information regarding the information handling system
(Fig. 6, 7; ¶ 51, 61 – 73 (regarding of recommendation examples), 94, 95, 96 wherein the system includes a hub module by providing a user with a visualization of their sustainability score, wherein the score is based on the collected and analyzed information, as well as recommendation, which further provides a user with information of how they can improve performance, operations, or the like).
In regards to claims 6, 12, 18, Palmero discloses the method of claim 2 (the system of claim 8; the non-transitory, computer-readable storage medium of claim 14), wherein:
the IT sustainability empowerment component comprises an eCommerce sustainability module;
the IT sustainability empowerment operation comprises an eCommerce sustainability operation; and,
the eCommerce sustainability module performs the eCommerce IT sustainability operation, the eCommerce sustainability operation using the sustainability information regarding the information handling system
(As best understood, in light of the rejection under 35 USC 112(b), ¶ 51, 61 – 73 (regarding of recommendation examples), 81 wherein, as a non-limiting example the system provides information to the user to understand the sustainable impact of their decision to utilize a particular component in a particular manner. ¶ 51, 92 provides options related to the “5Rs”, i.e. refuse, reduce, reuse, repurpose, and/or recycle, which may ultimately lead to financial benefits; ¶ 66 discloses that the system provides the user with information of the power consumption cost of a component and recommends to consider a lower-cost time; ¶ 81 provides information to show solution costs at different times of the day to curb and/or reverse trends of increasing power in certain networking devices and policies; ¶ 72 discloses replacing a component with a more efficient component, thereby lowering power consumption and, in turn, lowering cost and environmental impact due to lower power consumption).
In regards to claim 19, Palmero discloses the non-transitory, computer-readable storage medium of claim 13, wherein: the computer executable instructions are deployable to a client system from a server system at a remote location (¶ 37 wherein the collection and communication can be performed on site remote from a server; ¶ 21, 33, 98, 99 wherein the system comprises, at least, a server/computing device(s) and a plurality of monitored networked devices, hardware, software, or a combination thereof executing software for performing the method, as was discussed above).
In regards to claim 20, Palmero discloses the non-transitory, computer-readable storage medium of claim 13, wherein: the computer executable instructions are provided by a service provider to a user on an on-demand basis (¶ 80, 81, 89 wherein real time analysis is performed and the results are provided to a user to allow the user to implement a recommendation manually or automatically).
Response to Arguments
Applicant's arguments filed 11/18/2025 have been fully considered but they are not persuasive.
Information Disclosure Statement
The objection to the IDS received on 10/7/2022 has been maintained. No comment has been made by the applicant regarding this issue and neither has a new IDS been received.
Rejection under 35 USC 102
The Examiner asserts that the applicant’s arguments are directed towards newly amended limitations and are, therefore, considered moot. However, the Examiner has responded to the newly submitted amendments, which the arguments are directed to, in the rejection above, thereby addressing the applicant’s arguments.
Pertinent Arguments
The Examiner asserts that the applicant’s arguments are conclusory statements that fail to specifically point out where the Examiner has erred in the rejection, as well as failing to point out what specific elements of the claimed invention overcome the rejection provided under 35 USC 102 and why. Simply arguing copying and pasting claim language and stating that the prior art does not disclose the copied and pasted claim language is unpersuasive. Additionally, the Examiner had previously provided a detailed response to the applicant’s arguments with regards to the first limitation, which the applicant has not responded to in order to point out where the Examiner has erred in the rejection and responses.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure can be found in the attached PTO-892 Notice of References Cited.
Kalkidan et al. (GB 2607342 A); Armstrong et al. (US PGPub 2014/0122347 A1); Fedyski (US PGPub 2021/0365900 A1); Wolff et al. (US PGPub 2011/0225098 A1); Alon et al. (US PGPub 2024/0078520 A1); Alon et al. (WO 2021/070182 A1); Walker et al. (US Patent 10,013,666 B2); Sira Martinez Enrique et al. (EP 3579157 A1); Grobe et al. (US PGPub 2018/0295010 A1) – which are directed towards the tracking/monitoring, assessment, and management of product lifecycles and sustainability
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 GERARDO ARAQUE JR whose telephone number is (571)272-3747. The examiner can normally be reached Monday - Friday 8-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Monfeldt can be reached at 571-270-1833. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
GERARDO ARAQUE JR
Primary Examiner
Art Unit 3629
/GERARDO ARAQUE JR/Primary Examiner, Art Unit 3629 12/15/2025