DETAILED ACTION
Claims 1-20 are presented for examination.
Claims 1-8, 10-18, and 20 are amended.
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 Arguments
The objection to the claims has been withdrawn based on Applicant’s amendment.
Applicant’s arguments with respect to claim(s) 1 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.
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.
Claim(s) 1, 3, 6-11, 13, and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vysotsky et al., (hereinafter Vysotsky), U.S. Publication No. 2023/0231802, in view of Bull et al., (hereinafter Bull), U.S. Publication No. 2019/0268973.
As per claim 1, Vysotsky discloses a method of providing seamless failover within SD-WAN (software-defined wide area network) PoPs (points of presence) connected by an SD-PMN (software-defined private mobile network) [fig. 5, 6, paragraphs 0007, 0096, 0105-0107, 0136, 0157, 0237, a method of providing seamless failover within SD-WAN (software-defined wide area network) PoPs (points of presence) connected by an SD-PMN (methods for Selecting Tunnels for Transmitting Network Traffic by an SD-WAN Application; a method 700 for selecting tunnels for transmitting application traffic by an SD-WAN application; endpoints 512 can include POPs (e.g., SD-WAN cloud service POPs) that provide indirect connectivity to private networks 510)], the method comprising:
at a particular SD-WAN gateway for a particular SD-WAN PoP [paragraphs 0136, 0156, 0184, at a particular SD-WAN gateway for a particular SD-WAN PoP (SD-WAN application 504B can be configured to provide, maintain, or establish VPN connectivity to the proxy or gateway hosted in the endpoint 512)]:
forwarding data messages destined for an IP (Internet protocol) address associated with components of the SD-PMN to a first instance of the components deployed to the particular SD-WAN PoP [fig. 5, 6, paragraphs 0082, 0084, 0104, 0146, 0155, 0156, 0195, 0204, 0238, 0245, forwarding data messages destined for an IP (Internet protocol) address associated with components of the SD-PMN to a first instance of the components deployed to the particular SD-WAN PoP (packet distribution may be based upon determinations of functions performed by each core, source and destination addresses, and/or whether: a load on the associated core is above a predetermined threshold; the SD-WAN application to shift the traffic by selecting tunnels back to maintain load balancing; determine a network address for the application traffic)];
determining that the first instance of the components has become unavailable [paragraphs 0084, 0106, 0146, 0161, 0195, 0245, determining that the first instance of the components has become unavailable (SD-WAN application can utilize TCP fallback, SD-WAN application switches or modifies connections to TCP if another type of connection (e.g., UDP) is unavailable)]; and
forwarding subsequent data messages destined for the IP address associated with the components to a second instance of the components deployed to the particular SD-WAN PoP [fig. 5-7, paragraphs 0084, 0085, 0118, 0135, 0146, 0150, 0161, 0237, 0255, 0279, 0280, f forwarding subsequent data messages destined for the IP address associated with the components to a second instance of the components deployed to the particular SD-WAN PoP (SD-WAN application 504B can generate automatic NAT 612 between IP and remote tunnels destinations 616 (tunnel destination data (cloud POP or SD-WAN identification); configured to maintain associations between POPs and virtualized or managed applications); packet distribution (the SD-WAN application 504A can select among the paths 507 for specific instances of application traffic) may be based upon determinations of functions performed by each core, source and destination addresses, and/or whether: a load on the associated core is above a predetermined threshold; route network traffic based on routing rules outside of network packet parameters (such as the source and destination IP addresses and ports) to provide better network quality of service and better user experience)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP.
However, Bull teaches an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 3, Vysotsky discloses the method of claim 1,
wherein the components is deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN [fig. 5, 6, paragraphs 0082, 0099, 0135, 0136, 0152, 0183, 0201, the components is deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN (include POPs that provide direct VPN-like connectivity to private networks; SD-WAN application can implement rules to route application traffic flows for applications located in a private network to one of the tunnels leading to endpoints)].
Vysotsky does not explicitly disclose wherein a pair of instances of the control plane components.
However, Bull teaches wherein a pair of instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein a pair of instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including wherein a pair of instances of the control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 6, Vysotsky discloses the method of claim 1 further comprising:
determining that the first instance of the components has become available; and continuing to forward data messages destined for the IP address associated with the components to the second instance of the components [fig. 5, paragraphs 0146, 0195, 0198, determining that the first instance of the components has become available; and continuing to forward data messages destined for the IP address associated with the components to the second instance of the components (endpoint can over time become more available, causing the SD-WAN application to shift the traffic by selecting tunnels back to maintain load balancing)].
Vysotsky does not explicitly discloses a first instance of the control plane components.
However, Bull teaches a first instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, a first instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including a first instance of the control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 7, Vysotsky discloses the method of claim 1 further comprising:
determining that the first instance of the components has become available; and forwarding subsequent data messages destined for the IP address associated with the components to the first instance of the components [fig. 5, paragraphs 0146, 0195, 0198, determining that the first instance of the components has become available; and forwarding subsequent data messages destined for the IP address associated with the components to the first instance of the components (endpoint 512 that is closer can still be preferred for other application traffic due to proximity and higher availability)].
Vysotsky does not explicitly discloses a first instance of the control plane components.
However, Bull teaches a first instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, a first instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including a first instance of the control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 8, Vysotsky discloses the method of claim 1, wherein:
the SD-PMN further connects a plurality of branch sites [fig. 5-7, paragraphs 0033, 0136, 0137, 0185, 0239, the SD-PMN further connects a plurality of branch sites (SD-WAN appliance products typically implement multiple virtual connections to remote sites)];
a particular SD-WAN edge router located at a particular branch site of the plurality of branch sites connected by the SD-PMN has a connection to the particular SD-WAN gateway for the particular SD-WAN PoP [fig. 5, 6, 10, paragraphs 0102, 0137, 0153, 0275, 0294, 0299, 0301, a particular SD-WAN edge router located at a particular branch site of the plurality of branch sites connected by the SD-PMN has a connection to the particular SD-WAN gateway for the particular SD-WAN PoP (tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs)]; and
forwarding data messages destined for the IP address associated with the components of the SD-PMN to the first instance of the components deployed to the particular SD-WAN PoP further comprises forwarding at least one data message received from the particular SD-WAN edge router at the particular branch site and destined for the IP address associated with the components of the SD-PMN to the first instance [fig. 5, 6, 10, paragraphs 0102, 0104, 0137, 0153, 0275, 0202, 0294, 0299, 0301, 0305, forwarding data messages destined for the IP address associated with the components of the SD-PMN to the first instance of the components deployed to the particular SD-WAN PoP further comprises forwarding at least one data message received from the particular SD-WAN edge router at the particular branch site and destined for the IP address associated with the components of the SD-PMN to the first instance (SD-WAN application can implement rules to route application traffic flows to different cloud endpoint sites; SD-WAN device 1002 can route the network traffic via channels of the SD-WAN device 1002 using the tags; SD-WAN application can determine a network address for the application traffic; tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs; SD-WAN application 504 can be configured to detect the presence of the SD-WAN device 1002 at a first time instance)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP.
However, Bull teaches an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 9, Vysotsky discloses the method of claim 8,
wherein the connection between the particular SD-WAN edge router and the particular SD-WAN gateway comprises an optimized SD-WAN tunnel [fig. 4, 6, paragraphs 0118, 0237, 0256, 0273, wherein the connection between the particular SD-WAN edge router and the particular SD-WAN gateway comprises an optimized SD-WAN tunnel (tunnel selector 602 can be configured to determine a network address for the application traffic; SD-WAN tunnel terminations 614 can be associated with NAT 612)].
As per claim 10, Vysotsky discloses the method of claim 9, wherein:
the particular SD-WAN gateway comprises a first SD-WAN gateway, the particular SD-WAN PoP comprises a first SD-WAN PoP, and the optimized SD-WAN tunnel comprises a first optimized SD-WAN tunnel [fig. 5, 6, 10, paragraphs 0102, 0105, 0137, 0153, 0275, 0202, 0268, 0278, 0294, 0299, 0301, 0305, the particular SD-WAN gateway comprises a first SD-WAN gateway, the particular SD-WAN PoP comprises a first SD-WAN PoP, and the optimized SD-WAN tunnel comprises a first optimized SD-WAN tunnel (tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs; SD-WAN application 504 can be configured to detect the presence of the SD-WAN device 1002 at a first time instance; optimal paths 507 for each tunnel 506)];
the particular SD-WAN edge router has a connection via a second optimized SD-WAN tunnel connection to a second SD-WAN gateway at a second SD-WAN PoP of the plurality of SD-WAN PoPs [fig. 5, 6, 10, paragraphs 0091, 0102, 0105, 0116, 0137, 0153, 0275, 0202, 0268, 0278, 0294, 0299, 0301, 0305, (tunnel destination (e.g., service POP) best equipped for optimal service; dynamic selection of all or a subset of optimal paths 507 for each tunnel 506; one or more applications includes a first connection between the SD-WAN application and a network interface of the SD-WAN application, and one or more second connections between the network interface and the one or more applications)]; and
upon failure of the first optimized SD-WAN tunnel connection, the particular SD-WAN edge router uses the second optimized SD-WAN tunnel connection to send data messages destined for the IP address associated with the components of the SD-PMN to the second SD-WAN gateway at the second SD-WAN PoP [fig. 5, 6, 10, paragraphs 0106, 0146, 0161, 0237, 0243, 0273, 0280, 0281, upon failure of the first optimized SD-WAN tunnel connection, the particular SD-WAN edge router uses the second optimized SD-WAN tunnel connection to send data messages destined for the IP address associated with the components of the SD-PMN to the second SD-WAN gateway at the second SD-WAN PoP (the SD-WAN application can establish multiple network tunnels to different remote tunnel destinations. The SD-WAN application can proactively modify or change the role of a secondary cellular physical network location and the corresponding NIC and path for one or more tunnels from “backup” to “primary”; SD-WAN application switches or modifies connections to TCP if another type of connection (e.g., UDP) is unavailable)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components.
However, Bull teaches an IP (Internet protocol) address associated with control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 11, Vysotsky discloses a non-transitory machine readable medium storing a program for execution by a set of processing units, the program for a particular SD-WAN gateway for providing seamless failover within an SD-WAN (software-defined wide area network) PoP (point of presence) connected by an SD-PMN (software-defined private mobile network) [fig. 5, 6, paragraphs 0007, 0096, 0105-0107, 0136, 0157, 0237, a method of providing seamless failover within SD-WAN (software-defined wide area network) PoPs (points of presence) connected by an SD-PMN (methods for Selecting Tunnels for Transmitting Network Traffic by an SD-WAN Application; a method 700 for selecting tunnels for transmitting application traffic by an SD-WAN application; endpoints 512 can include POPs (e.g., SD-WAN cloud service POPs) that provide indirect connectivity to private networks 510)], the method comprising:
forwarding data messages destined for an IP (Internet protocol) address associated with a components of the SD-PMN to a first instance of the components deployed to the particular SD-WAN PoP [fig. 5, 6, paragraphs 0082, 0084, 0104, 0146, 0155, 0156, 0195, 0204, 0238, 0245, forwarding data messages destined for an IP (Internet protocol) address associated with a components of the SD-PMN to a first instance of the components deployed to the particular SD-WAN PoP (packet distribution may be based upon determinations of functions performed by each core, source and destination addresses, and/or whether: a load on the associated core is above a predetermined threshold; the SD-WAN application to shift the traffic by selecting tunnels back to maintain load balancing; determine a network address for the application traffic)];
determining that the first instance of the components has become unavailable [paragraphs 0084, 0106, 0146, 0161, 0195, 0245, determining that the first instance of the components has become unavailable (SD-WAN application can utilize TCP fallback, SD-WAN application switches or modifies connections to TCP if another type of connection (e.g., UDP) is unavailable)]; and
forwarding subsequent data messages destined for the IP address associated with the components to a second instance of the components deployed to the particular SD-WAN PoP [fig. 5-7, paragraphs 0084, 0085, 0118, 0135, 0146, 0150, 0161, 0237, 0255, 0279, 0280, forwarding subsequent data messages destined for the IP address associated with the components to a second instance of the components deployed to the particular SD-WAN PoP (SD-WAN application 504B can generate automatic NAT 612 between IP and remote tunnels destinations 616 (tunnel destination data (cloud POP or SD-WAN identification); configured to maintain associations between POPs and virtualized or managed applications); packet distribution (the SD-WAN application 504A can select among the paths 507 for specific instances of application traffic) may be based upon determinations of functions performed by each core, source and destination addresses, and/or whether: a load on the associated core is above a predetermined threshold; route network traffic based on routing rules outside of network packet parameters (such as the source and destination IP addresses and ports) to provide better network quality of service and better user experience)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP.
However, Bull teaches an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 13, Vysotsky discloses the non-transitory machine readable medium of claim 11,
wherein the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN [fig. 5, 6, paragraphs 0082, 0099, 0135, 0136, 0152, 0183, 0201, the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN (include POPs that provide direct VPN-like connectivity to private networks; SD-WAN application can implement rules to route application traffic flows for applications located in a private network to one of the tunnels leading to endpoints)].
Vysotsky does not explicitly disclose wherein a pair of instances of the control plane components.
However, Bull teaches wherein a pair of instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein a pair of instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including wherein a pair of instances of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 16, Vysotsky discloses the non-transitory machine readable medium of claim 11 further comprising sets of instructions for:
determining that the first instance of the components has become available; and continuing to forward data messages destined for the IP address associated with the components to the second instance of the components [fig. 5, paragraphs 0146, 0195, 0198, determining that the first instance of the components has become available; and continuing to forward data messages destined for the IP address associated with the components to the second instance of the components (endpoint can over time become more available, causing the SD-WAN application to shift the traffic by selecting tunnels back to maintain load balancing)].
Vysotsky does not explicitly discloses a first instance of the control plane components.
However, Bull teaches a first instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, a first instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including a first instance of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 17, Vysotsky discloses the non-transitory machine readable medium of claim 11 further comprising sets of instructions for:
determining that the first instance of the components has become available; and forwarding subsequent data messages destined for the IP address associated with the components to the first instance of the components [fig. 5, paragraphs 0146, 0195, 0198, determining that the first instance of the components has become available; and forwarding subsequent data messages destined for the IP address associated with the components to the first instance of the components (endpoint 512 that is closer can still be preferred for other application traffic due to proximity and higher availability)].
Vysotsky does not explicitly discloses a first instance of the control plane components.
However, Bull teaches a first instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, a first instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including a first instance of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 18, Vysotsky discloses the non-transitory machine readable medium of claim 11, wherein:
the SD-PMN further connects a plurality of branch sites [fig. 5-7, paragraphs 0033, 0136, 0137, 0185, 0239, the SD-PMN further connects a plurality of branch sites (SD-WAN appliance products typically implement multiple virtual connections to remote sites)];
a particular SD-WAN edge router located at a particular branch site of the plurality of branch sites connected by the SD-PMN has a connection to the particular SD-WAN gateway for the particular SD-WAN PoP [fig. 5, 6, 10, paragraphs 0102, 0137, 0153, 0275, 0294, 0299, 0301, a particular SD-WAN edge router located at a particular branch site of the plurality of branch sites connected by the SD-PMN has a connection to the particular SD-WAN gateway for the particular SD-WAN PoP (tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs)]; and
a set of instructions for forwarding data messages destined for the IP address associated with the components of the SD-PMN to the first instance of the components deployed to the particular SD-WAN PoP further comprises a set of instructions for forwarding at least one data message received from the particular SD-WAN edge router at the particular branch site and destined for the IP address associated with the components of the SD-PMN to the first instance [fig. 5, 6, 10, paragraphs 0102, 0104, 0137, 0153, 0275, 0202, 0294, 0299, 0301, 0305, a set of instructions for forwarding data messages destined for the IP address associated with the components of the SD-PMN to the first instance of the components deployed to the particular SD-WAN PoP further comprises a set of instructions for forwarding at least one data message received from the particular SD-WAN edge router at the particular branch site and destined for the IP address associated with the components of the SD-PMN to the first instance (SD-WAN application can implement rules to route application traffic flows to different cloud endpoint sites; SD-WAN device 1002 can route the network traffic via channels of the SD-WAN device 1002 using the tags; SD-WAN application can determine a network address for the application traffic; tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs; SD-WAN application 504 can be configured to detect the presence of the SD-WAN device 1002 at a first time instance)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP.
However, Bull teaches an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components to a first instance of the control plane components deployed to the particular SD-WAN PoP (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 19, Vysotsky discloses the non-transitory machine readable medium of claim 18,
wherein the connection between the particular SD-WAN edge router and the particular SD-WAN gateway comprises an optimized SD-WAN tunnel [fig. 4, 6, paragraphs 0118, 0237, 0256, 0273, wherein the connection between the particular SD-WAN edge router and the particular SD-WAN gateway comprises an optimized SD-WAN tunnel (tunnel selector 602 can be configured to determine a network address for the application traffic; SD-WAN tunnel terminations 614 can be associated with NAT 612)].
As per claim 20, Vysotsky discloses the non-transitory machine readable medium of claim 19, wherein:
the particular SD-WAN gateway comprises a first SD-WAN gateway, the particular SD-WAN PoP comprises a first SD-WAN PoP, and the optimized SD-WAN tunnel comprises a first optimized SD-WAN tunnel [fig. 5, 6, 10, paragraphs 0102, 0105, 0137, 0153, 0275, 0202, 0268, 0278, 0294, 0299, 0301, 0305, the particular SD-WAN gateway comprises a first SD-WAN gateway, the particular SD-WAN PoP comprises a first SD-WAN PoP, and the optimized SD-WAN tunnel comprises a first optimized SD-WAN tunnel (tunnels 506 can be or include connections between the SD-WAN application 504A and physical or virtualized sites that deploy SD-WAN appliances or devices, or other endpoints 512; endpoints 512 can be implemented as connectivity and computing resources dedicated to a specific resource consumer, known as site POPs; SD-WAN application 504 can be configured to detect the presence of the SD-WAN device 1002 at a first time instance; optimal paths 507 for each tunnel 506)];
the particular SD-WAN edge router has a connection via a second optimized SD-WAN tunnel connection to a second SD-WAN gateway at a second SD-WAN PoP of the plurality of SD-WAN PoPs [fig. 5, 6, 10, paragraphs 0091, 0102, 0105, 0116, 0137, 0153, 0275, 0202, 0268, 0278, 0294, 0299, 0301, 0305, (tunnel destination (e.g., service POP) best equipped for optimal service; dynamic selection of all or a subset of optimal paths 507 for each tunnel 506; one or more applications includes a first connection between the SD-WAN application and a network interface of the SD-WAN application, and one or more second connections between the network interface and the one or more applications)]; and
upon failure of the first optimized SD-WAN tunnel connection, the particular SD-WAN edge router uses the second optimized SD-WAN tunnel connection to send data messages destined for the IP address associated with the components of the SD-PMN to the second SD-WAN gateway at the second SD-WAN PoP [fig. 5, 6, 10, paragraphs 0106, 0146, 0161, 0237, 0243, 0273, 0280, 0281, upon failure of the first optimized SD-WAN tunnel connection, the particular SD-WAN edge router uses the second optimized SD-WAN tunnel connection to send data messages destined for the IP address associated with the components of the SD-PMN to the second SD-WAN gateway at the second SD-WAN PoP (the SD-WAN application can establish multiple network tunnels to different remote tunnel destinations. The SD-WAN application can proactively modify or change the role of a secondary cellular physical network location and the corresponding NIC and path for one or more tunnels from “backup” to “primary”; SD-WAN application switches or modifies connections to TCP if another type of connection (e.g., UDP) is unavailable)].
Vysotsky does not explicitly discloses an IP (Internet protocol) address associated with control plane components.
However, Bull teaches an IP (Internet protocol) address associated with control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, an IP (Internet protocol) address associated with control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including an IP (Internet protocol) address associated with control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
Claim(s) 2, 4, 5, 12, 14, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vysotsky, in view of Bull, and in further view Michael et al., (hereinafter Michael), U.S. Publication No. 2020/0296026.
As per claim 2, Vysotsky discloses the method of claim 1, Vysotsky does not explicitly disclose wherein the first and second instances of the control plane components.
However, Bull teaches wherein the first and second instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein the first and second instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including wherein the first and second instances of the control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
However, Michael teaches wherein the first and second instances of the components comprise an active-active instance pair [fig. 47, paragraphs 0345, 0448, 0449, 0451, 0452, wherein the first and second instances of the components comprise an active-active instance pair (Redundant VM instances at each POP run in active-active mode to provide high availability; the primary/backup pair at each POP is in active-active mode)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including an active-active instance pair as taught by Michael because it would provide the Vysotsky’s method with the enhanced capability of providing high availability for the data plane [Michael, paragraphs 0448, 0449].
As per claim 4, Vysotsky discloses the method of claim 3,
wherein the IP address is a common IP address and each instance of the components deployed to the plurality of SD-WAN PoPs is reachable at the common IP address [paragraphs 0140, 0149, 0152, 0156, 0188, 0205, wherein the IP address is a common IP address and each instance of the components deployed to the plurality of SD-WAN PoPs is reachable at the common IP address (SD-WAN application can associate a NAT to a specific public IP or IP range assigned to a remote tunnel destination; network locations where the applications are deployed)].
Vysotsky does not explicitly discloses each instance of the control plane components.
However, Bull teaches each instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, each instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including each instance of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 5, Vysotsky discloses the method of claim 3,
wherein instance of the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN [fig. 5, 6, paragraphs 0082, 0099, 0135, 0136, 0152, 0183, 0201, instance of the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN (include POPs that provide direct VPN-like connectivity to private networks; SD-WAN application can implement rules to route application traffic flows for applications located in a private network to one of the tunnels leading to endpoints)].
Vysotsky does not explicitly disclose wherein the first and second instances of the control plane components.
However, Bull teaches wherein the first and second instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein the first and second instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including wherein the first and second instances of the control plane components as taught by Bull because it would provide the Vysotsky’s method with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
Vysotsky does not explicitly disclose wherein the first and second instances of the components are identical to each other and to each other instance of the components.
However, Michael teaches wherein the first and second instances of the components are identical to each other and to each other instance of the components [paragraphs 0142, 0147, 0433, 0449, wherein the first and second instances of the components are identical to each other and to each other instance of the components (a number of VM instances at a POP, and each tenant is configured to access each POP using its own IP addresses; load balancing between the multiple instances of each component; redundant VM instances at each POP run in active-active mode)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the method described in Vysotsky by including an instance pair as taught by Michael because it would provide the Vysotsky’s method with the enhanced capability of providing high availability for the data plane [Michael, paragraphs 0448, 0449].
As per claim 12, Vysotsky discloses the non-transitory machine readable medium of claim 11, Vysotsky does not explicitly disclose wherein the first and second instances of the components comprise an active-active instance pair.
However, Bull teaches wherein the first and second instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein the first and second instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including wherein the first and second instances of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
However, Michael teaches wherein the first and second instances of the components comprise an active-active instance pair [fig. 47, paragraphs 0345, 0448, 0449, 0451, 0452, wherein the first and second instances of the components comprise an active-active instance pair (Redundant VM instances at each POP run in active-active mode to provide high availability; the primary/backup pair at each POP is in active-active mode)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including an active-active instance pair as taught by Michael because it would provide the Vysotsky’s medium with the enhanced capability of providing high availability for the data plane [Michael, paragraphs 0448, 0449].
As per claim 14, Vysotsky discloses the non-transitory machine readable medium of claim 13,
wherein the IP address is a common IP address and each instance of the components deployed to the plurality of SD-WAN PoPs is reachable at the common IP address [paragraphs 0140, 0149, 0152, 0156, 0188, 0205, wherein the IP address is a common IP address and each instance of the components deployed to the plurality of SD-WAN PoPs is reachable at the common IP address (SD-WAN application can associate a NAT to a specific public IP or IP range assigned to a remote tunnel destination; network locations where the applications are deployed)].
Vysotsky does not explicitly discloses each instance of the control plane components.
However, Bull teaches each instance of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, each instance of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including each instance of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
As per claim 15, Vysotsky discloses the non-transitory machine readable medium of claim 13,
wherein instance of the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN [fig. 5, 6, paragraphs 0082, 0099, 0135, 0136, 0152, 0183, 0201, instance of the components deployed to each SD-WAN PoP of a plurality of SD-WAN PoPs connected by the SD-PMN (include POPs that provide direct VPN-like connectivity to private networks; SD-WAN application can implement rules to route application traffic flows for applications located in a private network to one of the tunnels leading to endpoints)].
Vysotsky does not explicitly disclose wherein the first and second instances of the control plane components.
However, Bull teaches wherein the first and second instances of the control plane components [fig. 1, 3A, 3B, 12B, paragraphs 0003, 0044-0046, 0050, 0064, 0073, 0084, 0091, 0100, wherein the first and second instances of the control plane components (the CP are modularized functions; for example, AMF and SMF; SMF 320a and UPF 322a may be provided as specific instances in a first network slice; SD-WAN endpoint may be deployed for connection; slice-specific core network functions of network slices 306 are separated into control plane (CP) NFs 308 and user plane (UP) NFs 310; SMF 320b and UPF 322b provided as additional specific instances in a second network slice)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including wherein the first and second instances of the control plane components as taught by Bull because it would provide the Vysotsky’s medium with the enhanced capability of facilitating communications across the SD-WAN fabric [Bull, paragraphs 0050, 0053, 0094].
Vysotsky does not explicitly disclose wherein the first and second instances of the components are identical to each other and to each other instance of the components.
However, Michael teaches wherein the first and second instances of the components are identical to each other and to each other instance of the components [paragraphs 0142, 0147, 0433, 0449, wherein the first and second instances of the components are identical to each other and to each other instance of the components (a number of VM instances at a POP, and each tenant is configured to access each POP using its own IP addresses; load balancing between the multiple instances of each component; redundant VM instances at each POP run in active-active mode)].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to improve upon the medium described in Vysotsky by including an instance pair as taught by Michael because it would provide the Vysotsky’s medium with the enhanced capability of providing high availability for the data plane [Michael, paragraphs 0448, 0449].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ali et al., U.S. Publication No. 2023/0102552 discloses functions/components such as an Access and Mobility Management Function (AMF), a Session Management Function (SMF), and a User Plane Function (UPF).
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.
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/JACKIE ZUNIGA ABAD/Primary Examiner, Art Unit 2469