Detailed Action
1. This office action is in response to communication filed on February 19, 2026. Claims 1, 4-8, 11-15, and 17-20 are currently pending and claims 1, 8, and 15 are the independent claims.
Notice of Pre-AIA or AIA Status
2. 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 Amendments
3. This Final Office Action is in response to the applicant’s remarks and arguments filed on
February 19, 2026.
Claims 1, 8, and 15 were amended. Claims 2-3, 9-10, and 16 have been cancelled. No claims are new. Claims 1, 4-8, 11-15, and 17-20 remain pending in the application. Claims 4-7, 11-14, and 17-20 filed on September 25, 2025 are being considered on the merits along with amended claims 1, 8, and 15.
Response to Arguments
4. Applicant’s arguments filed February 19, 2026 with respect to claims 1, 8, and 15 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The Attorney states on pages 8-9 of the Remarks under the Rejection of Claims under 35 U.S.C. 103 section that the cited combination of Asghar and Hodge do not render obvious the Applicant’s amended claim 1 or claims dependent thereon.
The Examiner respectfully disagrees. The new combination of Asghar, Asawa, and Bektas rejects the amended independent claims 1, 8, and 15. The rejection is explained in detail below in section 5 of this Office Action. Thus, claims 1, 4-8, 11-15, and 17-20 remain unpatentable over the cited references and are rejected under 35 U.S.C. 103.
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.
5. Claims 1, 4-5, 8, 11-12, 15, and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Asghar et al. (U.S. Pub. No. 2023/0185683) – hereinafter “Asghar”, in view of Asawa et al. (U.S. Pub. No. 2023/0315534) – hereinafter “Asawa” and Bektas et al. (U.S. Patent No. 9,678,785) – hereinafter “Bektas”.
Regarding independent claim 1, Asghar discloses:
A method of deploying an application by a telecommunications platform in a multi-cloud computing system, the method comprising: (Fig. 1 and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.” and [0029] “In this manner, application 110 may be running in multiple data centers 104A as part of the distributed application architecture 102.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the SDN (software-defined networking) controller receiving the communication is similar to the telecommunications platform which allows the application(s) to run on the multiple data centers as part of the distributed application architecture like a multi-cloud computing system.
receiving, at the telecommunications platform executing in a first software-defined data center (SDDC), an application deployment specification for a first application … the application deployment specification excluding extensions to the standard that define requirements from the VI or modify the VI; (Fig. 1 and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the application template includes information about the application’s deployment specification like application structure and application data which do not make any constraints related to the SDDC resources. Additionally, the SDN (software-defined networking) controller receiving the communication is similar to the telecommunications platform which executes at the site of the data center, which can be virtualized like an SDDC.
deploying the container or VM of the first application to execute in the resource pool based on the application deployment specification of the first application and the VI template. ([0028] “The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122. Stated another way, application 110A(1) may represent an application stack deployed at site 108A(1).” and [0071] “In some instances, the data center 500 may provide computing resources, like application containers, VM instances, and storage, on a permanent or an as-needed basis. Among other types of functionality, the computing resources provided by a cloud computing network may be utilized to implement the various services and techniques described above.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the application and its VM/container are deployed at the site based on the application template.
Asghar does not explicitly disclose:
receiving … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC …
receiving, at the telecommunications platform, selection of a virtual infrastructure (VI) template for the first application, the VI template defining a resource pool of SDDC resources in the multi-cloud computing system, the SDDC resources implemented by hardware resources of hosts executing the first SDDC;
However, Asawa discloses:
receiving … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC … ([0015] “The system may also include a set of candidate resources for execution of software containers which can be used to implement VNFs. The candidate resources may include, for example, physical and/or virtualized servers in various embodiments, with respective subsets of the candidate resources located at respective premises at differing geographical locations. One or more of the premises may be external to the data centers of the provider network. A given resource orchestrator may obtain a deployment request for a telecommunication application via one or more programmatic interfaces from a service orchestrator associated with the application. The deployment request may, for example, indicate a pipeline of VNFs of the telecommunication application, a performance requirement of the telecommunication application, and an expected geographical distribution of a workload of the telecommunication application. In various embodiments the deployment request may not identify a resource to be used for the telecommunication application.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the telecommunication application includes VNF(s) that are implemented in the execution of software containers that comply with the telecommunication application and are independent of the virtual infrastructure/resource requirements.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC as seen in Asawa’s invention into Asghar’s invention because these modifications allow the use of a known technique to improve similar devices in the same way such that an application with network connectivity is deployed in a container/VM that complies with telecommunication standards to ensure communication to the user with applications running at a data center.
In addition, Bektas discloses:
receiving, at the telecommunications platform, selection of a virtual infrastructure (VI) template for the first application, the VI template defining a resource pool of SDDC resources in the multi-cloud computing system, the SDDC resources implemented by hardware resources of hosts executing the first SDDC; (Col. 5, Lines 14-21 “The VM resource allocator 134 may be configured to allocate system resources (e.g., portions of the host machine hardware 123) to virtual machines (e.g., the first virtual machine 140 and the second virtual machine 150) hosted by the hypervisor 132. The VM resource allocator 134 may be configured to assign a resource template to each virtual machine (e.g., the first resource template 144 to the first virtual machine 140).” and Col. 6, Lines 31-43 “The virtual machine may have an associated resource template. The virtual machine may be assigned its associated resource template by a VM resource allocator (e.g., the VM resource allocator 134 in FIG. 1) when the virtual machine is initialized, for example. The VM resource allocator may select from one or more resource template types when assigning the resource template to the virtual machine. Each resource template type may specify a different allocation of system resources (e.g., CPU, memory, storage). The resource template may be assigned based on the anticipated job to be performed by the virtual machine, an end user's selection, or an amount of money that the end user is willing to pay, among other things.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the associated resource template assigned by the end user’s selection specifies system resource allocations from the system’s pool of resources.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving, at the telecommunications platform, selection of a virtual infrastructure (VI) template for the first application, the VI template defining a VI comprising a resource pool of SDDC resources in the multi-cloud computing system, the SDDC resources implemented by hardware resources of hosts executing the first SDDC as seen in Bektas’s invention into Asghar’s invention because these modifications allow applying a known technique to a known device ready for improvement to yield predictable results such that the user is able to make a selection among a plurality of template choices to fit their application’s resource needs rather than another entity choosing a potentially inefficient/incorrect amount of resources for the user’s application.
Regarding claim 4, Asghar discloses the method of claim 1, further comprising:
receiving, at the telecommunications platform, an application deployment specification for a second application; ([0013] “Adaptive application recovery techniques may include generation and/or use of an application template. The application template may include such attributes as an application structure, application data, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes related to any given application.” and [0029] “At “Step 2” of FIG. 1, orchestrator 116 may generate and send an application template 124 to data center 104B via network 114. In some examples, application template 124 may be similar to or potentially identical to application template 122. Application template 124 may be scoped specifically for site group 112B. Application template 124 may be received at site group 112B for implementation of application 110B(1), application 110B(2), and/or application 110B(N).”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the new application template includes information about the application’s deployment specification like application structure and application data.
Asghar does not explicitly disclose:
receiving, at the telecommunications platform, a request for a new configuration of the SDDC resources in the multi-cloud computing system; and
generating, by the telecommunications platform, a notification of the new configuration as requested.
However, Bektas discloses:
receiving, at the telecommunications platform, a request for a new configuration of the SDDC resources in the multi-cloud computing system; and (Col. 14, Lines 52-54 “After determining the new amount of the particular system resource at operation 405, the computer system may adjust the particular resource template type at operation 406.” and Col. 16, Lines 11-16 “The VM feedback interface 612 may communicatively couple the VM resource allocator 613 and the virtual machine 601, allowing a user of the virtual machine to send requests for additional system resources to the VM resource allocator.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the request for a new configuration of resources is received by the VM resource allocator from the user request in the VM feedback interface.
generating, by the telecommunications platform, a notification of the new configuration as requested. (Col. 11, Lines 55-64 “In some embodiments, each of the two or more messages may include a request for an adjustment of a particular resource entitlement. The particular resource entitlement may be associated with a particular system resource (e.g., CPU, memory, storage) for which the user is requesting an increased allocation. The request may also include a requested amount of the particular system resource desired by the user. The requested amount of the system resource may be greater than the amount currently allocated to the virtual machine according to the resource entitlement.” and Col. 12, Lines 28-35 “After receiving the two or more messages at operation 401, the computer system may aggregate the two or more messages at operation 402. The aggregating may include grouping the messages together according to specific characteristics found in the messages. For example, the computer system may aggregate the two or more messages based on the resource template type assigned to the virtual machines from which the messages were sent.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the aggregating of messages requesting resource changes is the notification that a new configuration of resources are being requested.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving, at the telecommunications platform, a request for a new configuration of the SDDC resources in the multi-cloud computing system and generating, by the telecommunications platform, a notification of the new configuration as requested as seen in Bektas’s invention into Asghar’s invention because these modifications allow applying a known technique to a known device ready for improvement to yield predictable results such that a user can request a new configuration of resources if the currently available templates do not fit their application’s deployment needs.
Regarding claim 5, Asghar discloses the method of claim 4, but does not explicitly disclose:
receiving, at the telecommunications platform, a denial of the new configuration in response to the notification; and
generating a notification of application deployment failure in response to the denial.
However, Bektas discloses:
receiving, at the telecommunications platform, a denial of the new configuration in response to the notification; and (Col. 16, Lines 11-18 “The VM feedback interface 612 may communicatively couple the VM resource allocator 613 and the virtual machine 601, allowing a user of the virtual machine to send requests for additional system resources to the VM resource allocator. The VM resource allocator 613 may be configured to receive the requests and determine whether to grant or deny the requests.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the request for new configuration of resources can be denied by the VM resource allocator.
generating a notification of application deployment failure in response to the denial. (Col. 9, Lines 56-60 “In some embodiments, the computer system may notify the user that the requested adjustment of a system resource was either granted or denied, and, if granted, for how long the additional resource will be allocated to the virtual machine.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the user is notified that the request for new configuration of resources is denied.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving, at the telecommunications platform, a denial of the new configuration in response to the notification and generating a notification of application deployment failure in response to the denial as seen in Bektas’s invention into Asghar’s invention because these modifications allow applying a known technique to a known device ready for improvement to yield predictable results such that the user receives a denial of their new resource configuration request to make a future request that is potentially allowable while still servicing their application needs.
Regarding claim 8, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 1. Thus, claim 8 is also rejected under the same rationale as addressed in the rejection of claim 1 above.
Regarding claim 11, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 4. Thus, claim 11 is also rejected under the same rationale as addressed in the rejection of claim 4 above.
Regarding claim 12, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 5. Thus, claim 12 is also rejected under the same rationale as addressed in the rejection of claim 5 above.
Regarding independent claim 15, Asghar discloses a multi-cloud computing system, comprising:
a first software-defined data center (SDDC) executing a telecommunications platform, the first SDDC executing on hosts comprising hardware platforms, the hardware platforms comprising central processing units (CPUs) and memory; (Fig. 1 and [0022] “Generally, the data centers 104 (physical and/or virtual) may provide basic resources such as processor (CPU), memory (RAM), storage (disk), and networking (bandwidth).” and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the SDN (software-defined networking) controller receiving the communication is similar to the telecommunications platform which executes at the site of the data center containing physical resources such as CPUs and memory, which can be virtualized like an SDDC.
SDDC resources in the first SDDC, at least one additional SDDC, or both the first SDDC and the at least additional SDDC; (Fig. 1 and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.” and [0068] “In some examples, the computers 502 may provide computing resources 504 including data processing resources such as virtual machine (VM) instances or hardware computing systems, database clusters, computing clusters, storage clusters, data storage resources, database resources, networking resources, and others. Some of the computers 502 can also be configured to execute a resource manager 506 capable of instantiating and/or managing the computing resources.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the data centers, which can be virtualized like an SDDC, include a multitude of computing resources.
wherein the telecommunications platform is configured to: (Fig. 1 and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the SDN (software-defined networking) controller receiving the communication is similar to the telecommunications platform.
receive an application deployment specification for a first application … the application deployment specification excluding extensions to the standard that define requirements from the VI or modify the VI; (Fig. 1 and [0028] “For example, at “Step 1,” orchestrator 116 may generate and send an application template 122 to data center 104A via network 114. Application template 122 may include application attributes related to application 110 and/or to a relevant network, such as an application structure, application data, network configuration, relevant internet protocol (IP) addressing, domain name server (DNS) entries, and/or other attributes. Furthermore, the application template 122 may be scoped specifically for the site group 112A. Application template 122 may be received at site group 112A for implementation of application 110A(1), application 110A(2), and/or application 110A(N). For instance, application template 122 may be sent by orchestrator 116 to an SDN controller for site 108A(1) within site group 112A. The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the application template includes information about the application’s deployment specification like application structure and application data which do not make any constraints related to the SDDC resources. Additionally, the SDN (software-defined networking) controller receiving the communication is similar to the telecommunications platform which executes at the site of the data center, which can be virtualized like an SDDC.
deploy the first application to execute in the resource pool based on the application deployment specification of the first application and the VI template. ([0028] “The SDN controller for site 108A(1) may then render application 110A(1) at site 108A(1) within on-premise fabric (or cloud fabric), using at least some of the information from application template 122. Stated another way, application 110A(1) may represent an application stack deployed at site 108A(1).”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the application is deployed at the site based on the application template.
Asghar does not explicitly disclose:
receive … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC …
receive selection of a virtual infrastructure (VI) template for the first application, the VI template defining a VI comprising a resource pool of the SDDC resources implemented by hardware resources of hosts executing the first SDDC;
However, Asawa discloses:
receive … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC … ([0015] “The system may also include a set of candidate resources for execution of software containers which can be used to implement VNFs. The candidate resources may include, for example, physical and/or virtualized servers in various embodiments, with respective subsets of the candidate resources located at respective premises at differing geographical locations. One or more of the premises may be external to the data centers of the provider network. A given resource orchestrator may obtain a deployment request for a telecommunication application via one or more programmatic interfaces from a service orchestrator associated with the application. The deployment request may, for example, indicate a pipeline of VNFs of the telecommunication application, a performance requirement of the telecommunication application, and an expected geographical distribution of a workload of the telecommunication application. In various embodiments the deployment request may not identify a resource to be used for the telecommunication application.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the telecommunication application includes VNF(s) that are implemented in the execution of software containers that comply with the telecommunication application and are independent of the virtual infrastructure/resource requirements.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receive … the first application comprising a network function deployed in a container or virtual machine (VM), the application deployment specification defining requirements for the container or VM that comply with a standard for a telecommunication application, which is independent of virtual infrastructure (VI) of the first SDDC as seen in Asawa’s invention into Asghar’s invention because these modifications allow the use of a known technique to improve similar devices in the same way such that an application with network connectivity is deployed in a container/VM that complies with telecommunication standards to ensure communication to the user with applications running at a data center.
In addition, Bektas discloses:
receive selection of a virtual infrastructure (VI) template for the first application, the VI template defining a resource pool of the SDDC resources implemented by hardware resources of hosts executing the first SDDC; (Col. 5, Lines 14-21 “The VM resource allocator 134 may be configured to allocate system resources (e.g., portions of the host machine hardware 123) to virtual machines (e.g., the first virtual machine 140 and the second virtual machine 150) hosted by the hypervisor 132. The VM resource allocator 134 may be configured to assign a resource template to each virtual machine (e.g., the first resource template 144 to the first virtual machine 140).” and Col. 6, Lines 31-43 “The virtual machine may have an associated resource template. The virtual machine may be assigned its associated resource template by a VM resource allocator (e.g., the VM resource allocator 134 in FIG. 1) when the virtual machine is initialized, for example. The VM resource allocator may select from one or more resource template types when assigning the resource template to the virtual machine. Each resource template type may specify a different allocation of system resources (e.g., CPU, memory, storage). The resource template may be assigned based on the anticipated job to be performed by the virtual machine, an end user's selection, or an amount of money that the end user is willing to pay, among other things.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the associated resource template assigned by the end user’s selection specifies system resource allocations from the system’s pool of resources.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receive selection of a virtual infrastructure (VI) template for the first application, the VI template defining a resource pool of the SDDC resources implemented by hardware resources of hosts executing the first SDDC as seen in Bektas’s invention into Asghar’s invention because these modifications allow applying a known technique to a known device ready for improvement to yield predictable results such that the user is able to make a selection among a plurality of template choices to fit their application’s resource needs rather than another entity choosing a potentially inefficient/incorrect amount of resources for the user’s application.
Regarding claim 17, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 4. Thus, claim 17 is also rejected under the same rationale as addressed in the rejection of claim 4 above.
Regarding claim 18, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 5. Thus, claim 18 is also rejected under the same rationale as addressed in the rejection of claim 5 above.
6. Claims 6-7, 13-14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Asghar et al. (U.S. Pub. No. 2023/0185683) – hereinafter “Asghar”, in view of Asawa et al. (U.S. Pub. No. 2023/0315534) – hereinafter “Asawa” and Bektas et al. (U.S. Patent No. 9,678,785) – hereinafter “Bektas”, and further in view of Meyer et al. (U.S. Patent No. 9,979,617) – hereinafter “Meyer”.
Regarding claim 6, Asghar discloses the method of claim 4, but does not explicitly disclose:
receiving, through an application programming interface (API) of the telecommunications platform, instructions to deploy a new configuration of the SDDC resources; and
generating, by the telecommunications platform, a new VI template for the new configuration of the SDDC resources.
However, Bektas discloses:
receiving … instructions to deploy a new configuration of the SDDC resources; and (Col. 14, Lines 19-23 “After determining that a particular resource entitlement should be adjusted at operation 404, the computer system may determine a new amount of the particular system resource associated with the particular resource entitlement at operation 405.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the new configuration of resources is received and the determination of how to implement the new configuration of the system’s resource(s) is determined by the system.
generating, by the telecommunications platform, a new VI template for the new configuration of the SDDC resources. (Col. 14, Lines 52-58 “After determining the new amount of the particular system resource at operation 405, the computer system may adjust the particular resource template type at operation 406. The adjusting may include changing the particular resource entitlement such that the new amount of the particular system resource is allocated to virtual machines using the particular resource template type.” and Col. 14, Lines 63 – Col. 15, Line 1 “The computer system may adjust the particular resource template type by creating a new resource template type based on the particular resource template type. The computer system may then assign the new resource template type to the subset of virtual machines.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the new resource template is created based on the new system resource requests.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving … instructions to deploy a new configuration of the SDDC resources and generating, by the telecommunications platform, a new VI template for the new configuration of the SDDC resources as seen in Bektas’s invention into Asghar’s invention because these modifications allow combining prior art elements according to known methods to yield predictable results such that a user creates a new template based on the resource needs of their application.
In addition, Meyer discloses:
receiving, through an application programming interface (API) of the telecommunications platform, instructions [related to the customer application]; (Col. 6, Lines 54-58 “The computing resource service provider 230 may be configured to receive instructions from the customer device 204 via the API 225, wherein the instructions may include specified parameters, metrics or other metadata related to the customer application.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the computing resource service provider 230 receives instructions related to the customer application via the API 225.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving, through an application programming interface (API) of the telecommunications platform, instructions [related to the customer application] as seen in Meyer’s invention into Asghar’s invention because these modifications allow the use of known technique to improve similar devices in the same way such that an API handles communication of instructions so that the telecommunications platform focuses its resources on permitting deployment of applications.
Regarding claim 7, Asghar discloses the method of claim 6, further comprising:
deploying the second application based on the application deployment specification of the second application and the new VI template. ([0029] “Application template 124 may be scoped specifically for site group 112B. Application template 124 may be received at site group 112B for implementation of application 110B(1), application 110B(2), and/or application 110B(N). In this manner, application 110 may be running in multiple data centers 104A as part of the distributed application architecture 102.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the second application from template 124 that differs from the original template 122 is deployed to run on multiple data centers.
Asghar does not explicitly disclose:
receiving, at the telecommunications platform, selection of the new VI template for the second application;
However, Bektas discloses:
receiving, at the telecommunications platform, selection of the new VI template for the second application; (Col. 6, Lines 31-43 “The virtual machine may have an associated resource template. The virtual machine may be assigned its associated resource template by a VM resource allocator (e.g., the VM resource allocator 134 in FIG. 1) when the virtual machine is initialized, for example. The VM resource allocator may select from one or more resource template types when assigning the resource template to the virtual machine. Each resource template type may specify a different allocation of system resources (e.g., CPU, memory, storage). The resource template may be assigned based on the anticipated job to be performed by the virtual machine, an end user's selection, or an amount of money that the end user is willing to pay, among other things.” and Col. 14, Lines 63 – Col. 15, Line 1 “The computer system may adjust the particular resource template type by creating a new resource template type based on the particular resource template type. The computer system may then assign the new resource template type to the subset of virtual machines.”) The citation is interpreted to read on the claimed invention because under broadest reasonable interpretation, the new resource template is an option for the end user to select among a plurality of templates.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to add receiving, at the telecommunications platform, selection of the new VI template for the second application as seen in Bektas’s invention into Asghar’s invention because these modifications allow combining prior art elements according to known methods to yield predictable results such that the user is able to make a selection among a plurality of template choices, including new templates that they requested to be created, to fit their application’s resource needs rather than another entity deciding for the user.
Regarding claim 13, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 6. Thus, claim 13 is also rejected under the same rationale as addressed in the rejection of claim 6 above.
Regarding claim 14, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 7. Thus, claim 14 is also rejected under the same rationale as addressed in the rejection of claim 7 above.
Regarding claim 19, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 6. Thus, claim 19 is also rejected under the same rationale as addressed in the rejection of claim 6 above.
Regarding claim 20, it is a non-transitory computer readable medium claim having the same limitations as cited in method claim 7. Thus, claim 20 is also rejected under the same rationale as addressed in the rejection of claim 7 above.
Conclusion
7. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Such prior art includes Kannan et al. (U.S. Pub. No. 2014/0068032) which discloses an infrastructure template that describes the data center and that may be pre-defined for a specific application deployed within the converged infrastructure platform and Shiramshetti (U.S. Patent No. 10,462,009) which discloses defining resources in an infrastructure template for a virtual private cloud in a data center that runs a plurality of applications.
Examiner has cited particular columns/paragraphs/sections and line numbers in the references applied and not relied upon to the claims above for the convenience of the applicant. Although the specified citations are representative of the teachings of the art and are applied to specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider the references in 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.
When responding to the Office action, applicant is advised to clearly point out the patentable novelty the claims present in view of the state of the art disclosed by the reference(s) cited or the objections made. A showing of how the amendments avoid such references or objections must also be present. See 37 C.F.R. 1.111(c).
When responding to this Office action, applicant is advised to provide the line and page numbers in the application and/or reference(s) cited to assist in locating the appropriate paragraphs.
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/D.T./Examiner, Art Unit 2198
/PIERRE VITAL/Supervisory Patent Examiner, Art Unit 2198