DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Claim 1 has been amended, and no claim has been added or cancelled. The status of claims 1-6 and 9-11 are pending.
Response to Arguments
Applicant's arguments filed on Jul 15, 2025 have been fully considered but they are
not persuasive.
The Applicant alleged that the combination of Ketonen et al (US20180338187A1) in view of Zhou et al (CN102932204A) fails to teach or suggest “transmit a collection condition indicating frequency channels available to the first access point to a sensor apparatus and receive monitoring data generated by the sensor apparatus from packets collected according to the collection condition” in claim 1 by arguement that Ketonen’187 failed to teach “collection condition indicating frequency channels available to the first access point”.
In response the Examiner respectfully disagrees because Ketonen’187 discloses: “A server 150 may also be used to store and provide configuration information that may be retrieved by, or received at, client agent 110 to direct operation or enhance test information with additional data, such as (for example, including but not limited to) adding geolocation data from a stored database of known location information when no geolocation sensors are available, or detecting offline APs by comparing detected APs from scanning against a list of known APs that should be within range” (par 0047); “sensor-based tests such as using a smartphone's hardware sensors to select and perform test actions (for example, picking a specific cellular radio band to use based on device hardware measurements). Geolocation information may be used to map network access points (APs) … and this location information may be used to identify and select APs during tests and in test reporting, for example by including coordinates or human-readable location names in test data alongside other test information such as radio channels, bands, or signal strength, or the location of the client agent 110 when the test was performed (as may be derived from onboard hardware sensors)… performance readings may be compared across multiple interfaces, channels, bands, or frequencies to increase granularity of test result data, according to a testing protocol. Another use may be to measure dynamic frequency scaling (DFS) events, checking for radar signals and automatically determining how to optimize network setup around possible radar activity by monitoring DFS channel activity and utilizing these (ordinarily unused) channels when possible” (par 0041).
Therefore Ketonen’187 discloses: “server sends smartphone the configuration information to direct test operation on APs including radio channels for sensor-based test (par 0041, 0047).
Therefore, the cited references teach the claimed limitations of claim 1 in question with adequate reasons and suggestions of combining the teachings. The same conclusion applies to claims 9 and 11.
The Applicant alleged that the combination of Ketonen et al (US20180338187A1) in view of Zhou et al (CN102932204A) fails to teach or suggest “manage a list showing a first access point that can no longer be monitored among a plurality of access points to be monitored” in claim 1.
In response the Examiner respectfully disagrees because Zhou’204 discloses: “monitoring access log that records according to a plurality of monitor nodes, determine that unusual network node tabulation comprises: for a network node, if the monitoring access log that one or more monitor nodes record shows, at least one monitor node is accessed this network node abnormality, and the number of times of access exception reaches pre-determined number, determines that then this network node is unusual network node, and this node is put into unusual network node tabulation”; “Alternatively, journal processing unit is suitable for obtaining the appointment moment access log afterwards of the webserver; The abnormal nodes determining unit is suitable for traveling through each the unusual network node in the unusual network node tabulation, search the Source log that returns that whether has this unusual network node the access log after the appointment of the webserver that obtains from journal processing unit constantly, if there is no, then should the deletion from unusual network node tabulation of unusual network node” (page 6 par 02 and 05).
“this supervisory control system comprises: one or more monitor nodes and monitoring server. Each monitor node is suitable for accessing each network node in the active block node listing, and record monitoring access log, and the monitoring daily record of recording is returned to monitoring server; This monitoring server comprises: journal processing unit, be suitable for obtaining the access log before the appointment constantly of the webserver, and therefrom obtain network node and return Source log; Effectively the node determination unit is suitable for returning Source log according to the network node that journal processing unit obtains and determines effective network node tabulation; The monitor node linkage unit, be suitable for the active block node listing is sent to one or more monitor nodes, and receive the monitoring access log that one or more monitor nodes return, generate when monitoring access log by each network node in the monitor node access active block node listing; And the abnormal nodes determining unit, be suitable for according to the monitoring access log, determine unusual network node tabulation” (page 6 par 04).
Therefore Zhou’204 discloses: “Fig. 2, monitoring server using abnormal nodes determining unit put abnormal network node into or delete abnormal network node from unusual network node tabulation, abstract, page 6 par 02 and 04-05”.
Therefore, the cited references teach the claimed limitations of claim 1 in question with adequate reasons and suggestions of combining the teachings. The same conclusion applies to claims 9 and 11.
Note, as complementary information: Santra et al (US 20200412642 A1, Priority Date: Jun 27, 2019) discloses: monitoring and maintaining redundant network and storage paths. Initially, path check information is received at a path check server via one or more management nodes. Each of the one or more management nodes comprises one or more physical nodes corresponding to network and hardware infrastructure. Failed nodes of the one or more physical nodes are identified, the failed nodes indicating physical nodes having path failures (abstract), a single device may provide the path check server 210 and/or the PCI database (par 0032), failed nodes indicate physical nodes that have path failures (e.g., a failed NIC, a failed HBA, a failed interface, a failed port, and the like). The path check server 210 may additionally identify a location (i.e., network) and/or region corresponding to the failed nodes (par 0034), client-side nodes, disposed or reclaimed nodes, and out-of-scope nodes are excluded by the path check server 210 from the failed nodes. The failed nodes are then added by the path check server 210 to a list of path failures (par 0036).
Claim Rejections - 35 USC § 103
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 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 col. 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 and 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ketonen et al (US20180338187A1) in view of Zhou et al (CN102932204A).
Regarding claim 1 (Currently Amended), Ketonen’187 discloses a server apparatus (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064) comprising:
at least one memory storing instructions (see, Fig. 8, memories storing program instruction, par 0062, 0068), and
at least one processor configured to execute the instructions to (see, Fig. 8, CPU to execute code to process data, par 0068):
a list showing a first access point that can no longer be monitored among a plurality of access points to be monitored (see, central server determines offline APs by comparing detected APs from scanning against a list of known APs, par 0012, 0047);
transmit a collection condition (see, configuration information to direct test operation or enhance test information, par 0047) indicating frequency channels (see, radio channel/band, par 0041) available to the first access point to a sensor (see, smartphone's hardware sensors performs sensor-based test, par 0041) apparatus (see, server sends smartphone the configuration information to direct test operation on APs including radio channel for sensor-based test, par 0041, 0047. Noted, select wireless band based on known location, par 0041) and
receive monitoring data (see, test result, par 0042) generated by the sensor apparatus (see, smartphone's hardware sensors performs sensor-based test, par 0041) from packets collected (see, packets for performance statistics, par 0041) according to the collection condition (see, centralized server receives sensor-based test results from smartphone according to configuration information from server, par 0041, 0047); and
resume (see, retried tests, par 0050) monitoring of the first access point (see, AP, par 0050) when the monitoring data includes information specifying the first access point (see, retried test on APs when smartphone moves around within and between network zones serviced by APs, par 0050. Noted, location information in test configuration used to identify and select APs during tests, and thus network zones corresponding to specific APs, par 0041).
Ketonen’187 discloses all the claim limitations but fails to explicitly teach:
manage a list showing a first access point that can no longer be monitored among a plurality of access points to be monitored.
However Zhou’204 from the same field of endeavor (see, Fig. 1, terminal obtains service content from server through CDN nodes, page 5 par 01-02) discloses:
manage a list (see, unusual network node tabulation, page 6 par 08) showing a first access point (see, Fig. 1, abnormal network node accessed by monitor node, page 6 par 08) that can no longer be monitored among a plurality of access points (see, network nodes, abstract) to be monitored (see, Fig. 2, monitoring server using abnormal nodes determining unit put abnormal network node into or delete abnormal network node from unusual network node tabulation, abstract, page 6 par 02 and 04-05).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the server apparatus as taught by Zhou’204 into that of Ketonen’187. The motivation would have been to achieve the benefits of effectively maintaining and managing the content distribution network (abstract).
Regarding claim 2 (Previously presented), Ketonen’187 discloses the server apparatus according to Claim 1 (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064), wherein the at least one processor is further configured to execute the instructions (see, Fig. 8, CPU to execute code to process data, par 0068) to transmit an extraction condition (see, predefined location configured by configuration server, par 0011) for generating the monitoring data to the sensor apparatus (see, smartphone performs sensor-based test and test report according to predefined location configured by server, par 0011, 0041. Noted, location info used to identify APs for test report, par 0041).
Regarding claim 3 (Previously presented), Ketonen’187 discloses the server apparatus according to Claim1 (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064), wherein the information specifying the first access point includes at least one of address information about the first access point (see, location information used to identify and select APs during tests, par 0041) and information about received signal strength (see, signal strength, par 0041) when the sensor apparatus (see, smartphone's hardware sensors performs sensor-based test, par 0041) receives the packets (see, packets, par 0041) from the first access point (see, configuration information including location information used to identify and select APs during tests and signal strength for test on capturing packets, par 0041).
Regarding claim 4 (Previously presented), Ketonen’187 discloses the server apparatus according to Claim 1 (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064), wherein
the at least one processor is further configured to execute the instructions to (see, Fig. 8, CPU to execute code to process data, par 0068).
Ketonen’187 discloses all the claim limitations but fails to explicitly teach:
add the first access point to the list when the information specifying the first access point cannot be obtained for a predetermined period of time.
However Zhou’204 from the same field of endeavor (see, Fig. 1, terminal obtains service content from server through CDN nodes, page 5 par 01-02) discloses:
add the first access point (see, network node, page 6 par 08) to the list (see, unusual network node tabulation, page 6 par 08) when the information specifying the first access point cannot be obtained for a predetermined period of time (see, put network node into unusual network node tabulation when number of times of access exception reaches pre-determined number with specified time point to check log (by monitoring daily record), page 6 par 04 and 08. Noted, monitoring server monitors daily record, page 06 par 04) .
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the server apparatus as taught by Zhou’204 into that of Ketonen’187. The motivation would have been to achieve the benefits of effectively maintaining and managing the content distribution network (abstract).
Regarding claim 5 (Previously presented), Ketonen’187 discloses the server apparatus according to Claim1 (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064), wherein the information specifying the first access point determine that a failure has occurred in the first access point when the monitoring data does not include information specifying the first access point (see, specific AP, par 0012) after the sensor apparatus measures all frequency channels available (see, radio channels for test, par 0041) to the first access point (see, central server determines specific AP is offline by comparing earlier measurement (on radio channels) indicated similar signal levels for all APs except specific AP is missing completely, par 0012, 0041).
Regarding claim 6 (Previously presented), Ketonen’187 discloses the server apparatus according to Claim 1 (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064), wherein
the at least one processor is further configured to execute the instructions to (see, Fig. 8, CPU to execute code to process data, par 0068).
Ketonen’187 discloses all the claim limitations but fails to explicitly teach:
remove the first access point from the list when the monitoring data includes the information specifying the first access point.
However Zhou’204 from the same field of endeavor (see, Fig. 1, terminal obtains service content from server through CDN nodes, page 5 par 01-02) discloses:
remove the first access point (see, deletes network node, page 6 par 05) from the list (see, unusual network node tabulation, page 6 par 05) when the monitoring data includes the information specifying the first access point (see, Fig. 2, monitoring server using abnormal nodes determining unit deletes unusual network node from unusual network node tabulation when access log of the unusual network node within source log, page 6 par 05).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the server apparatus as taught by Zhou’204 into that of Ketonen’187. The motivation would have been to achieve the benefits of effectively maintaining and managing the content distribution network (abstract).
Regarding claim 9 (Original), Ketonen’187 discloses a visualization system (see, Fig. 7-8, servers handling requests from clients in wireless network, par 0064) comprising:
a sensor apparatus (see, smartphone with hardware sensors performs sensor-based test, par 0041) configured to collect packets (see, packets for performance statistics, par 0041) transmitted from an access point (see, test packets from neighboring BSSIDs (APs), par 0048) according to a collection condition indicating a frequency channel (see, smartphone with hardware sensors performs sensor-based test on test packets from neighboring BSSIDs (APs) and their signal level according to configuration information from server, par 0041, 0047-0048. Noted, run test using idle machines and thus smartphone is not active transmitting, par 0070. Noted further, radio device passively collects signal information from surrounding APs, par 0010); and
a server apparatus configured to see, central server determines offline APs by comparing detected APs from scanning against a list of known APs, par 0012, 0047), transmit a collection condition (see, configuration information to direct test operation or enhance test information, par 0047) indicating frequency channels (see, radio channel/band, par 0041) available to the first access point to the sensor apparatus (see, server sends smartphone the configuration information to direct test operation on APs including radio channel for sensor-based test, par 0041, 0047. Noted, select wireless band based on known location, par 0041), receive monitoring data (see, test result, par 0042) generated by the sensor apparatus (see, smartphone's hardware sensors performs sensor-based test, par 0041) from the packets collected (see, packets for performance statistics, par 0041) according to the collection condition (see, centralized server receives sensor-based test results from smartphone according to configuration information from server, par 0041, 0047), and resume (see, retried tests, par 0050) monitoring the first access point (see, AP, par 0050) when the monitoring data includes information specifying the first access point (see, retried test on APs when smartphone moves around within and between network zones serviced by APs, par 0050. Noted, location information in test configuration used to identify and select APs during tests, and thus network zones corresponding to specific APs, par 0041).
Ketonen’187 discloses all the claim limitations but fails to explicitly teach: a server apparatus configured to manage a list indicating a first access point that can no longer be monitored among a plurality of access points to be monitored.
However Zhou’204 from the same field of endeavor (see, Fig. 1, terminal obtains service content from server through CDN nodes, page 5 par 01-02) discloses:
a server apparatus configured to manage a list (see, unusual network node tabulation, page 6 par 08) indicating a first access point (see, network nodes, abstract) that can no longer be monitored among a plurality of access points to be monitored (see, Fig. 2, monitoring server using abnormal nodes determining unit put abnormal network node into or delete abnormal network node from unusual network node tabulation, abstract, page 6 par 02 and 04-05).
In view of the above, it would have been obvious before the effective filling date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains to implement the visualization system as taught by Zhou’204 into that of Ketonen’187. The motivation would have been to achieve the benefits of effectively maintaining and managing the content distribution network (abstract).
Regarding claim 10 (Original), Claim 11 recites a visualization system comprising server apparatus performing the steps recited in claim 2 and thereby, is rejected for the reasons discussed above with respect to claim 2.
Regarding claim 11 (Original), Claim 11 recites a monitoring method executed by a server apparatus performing the steps recited in claim 1 and thereby, is rejected for the reasons discussed above with respect to claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Santra et al (US 20200412642 A1, Priority Date: Jun 27, 2019) discloses monitoring and maintaining redundant network and storage paths. Initially, path check information is received at a path check server via one or more management nodes. Each of the one or more management nodes comprises one or more physical nodes corresponding to network and hardware infrastructure. Failed nodes of the one or more physical nodes are identified, the failed nodes indicating physical nodes having path failures (abstract), a single device may provide the path check server 210 and/or the PCI database (par 0032), failed nodes indicate physical nodes that have path failures (e.g., a failed NIC, a failed HBA, a failed interface, a failed port, and the like). The path check server 210 may additionally identify a location (i.e., network) and/or region corresponding to the failed nodes (par 0034), client-side nodes, disposed or reclaimed nodes, and out-of-scope nodes are excluded by the path check server 210 from the failed nodes. The failed nodes are then added by the path check server 210 to a list of path failures (par 0036).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee 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 XUAN LU whose telephone number is (571)272-2844. The examiner can normally be reached on Monday - Friday 7:30am-5:30pm.
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/XUAN LU/Primary Examiner, Art Unit 2473