Response to an Amendment
This office action is a response to a communication made on 07/23/2026.
Claims 2, 5, 9, 12 and 17 are canceled.
Claims 3, 10 and 18 are currently amended.
Claims 1, 3-4, 6-8, 10-11, 13-16 and 18-20 are pending for this application.
Response to Arguments
Applicant’s arguments, see remarks on page 6, filed 07/23/2026, with respect to claim 3 have been fully considered and are persuasive. The rejection of 35 U.S.C 112 (b) has been withdrawn.
Applicant’s arguments with respect to claim(s) 1, 8 and 16 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.
Applicant’s arguments, see remarks on page 7-8, filed 02/20/2026, with respect to the rejection(s) of claim(s) 1, 8 and 16 under 103 have been considered and regarding the arguement feature of “determine service mesh interface utilization, wherein the determine service mesh interface utilization comprises: estimate latency of operations of the service mesh interface based on received performance values” are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Chattopadhyay et al. (US20200167258) in view of He et al. (US 2021/0243247A1), and further in view of Metsch et al. (US 2021/0119935).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-4, 6-8, 10-11, 13-16 and 18-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The limitation of “estimate latency of operations of the service mesh interface based on received performance values and without receiving or measuring a latency value directly” renders the scope of the claim unclear.
First, claims 1, 8 and 16 recites the limitation "received performance values" in lines 6-7, 5-6 and 2-3 is indefinite because the claim does not identify the source of the received performance values or the entity that receives the performance values. Accordingly, it is unclear what constitutes the claimed “received performance values”. It is also unclear who or what receives the performance values, and from where they are received.
Second, it is unclear how the phrase “without receiving a latency value directly” modifies the preceding language. For example, it is unclear whether the estimated latency is determined (i) solely from the received performance values, or (ii)from both the received performance values and some indirectly received latency value, or (iii) whether the phrase merely excludes directly receiving a latency value while permitting other latency-related information. As drafted, the metes and bounds of the claim cannot be determined with reasonable certainty. Therefore, the claims are indefinite under 35 USC 112(b).
Regarding all the dependent claims are additionally rejected under the grounds listed above because they inherit the claim language through their dependency claim.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chattopadhyay et al. (US20200167258), hereinafter “Chattopadhyay” in view of He et al. (US 2021/0243247A1), hereinafter “He”, and further in view of Metsch et al. (US 2021/0119935), hereinafter “Metsch”. Metsch cited in applicant IDS filed 10/11/2023.
With respect to claims 1, 8 and 16, Chattopadhyay discloses at least one non-transitory computer-readable medium comprising instructions stored thereon, that if executed by one or more processors, cause the one or more processors to, an apparatus comprising: at least one memory and at least one processor (¶0037, teaches Computing platform 100 can include or access compute engine and memory resources 102-0 to 102-M, ¶0081, teaches System 1000 includes processor 1010, which provides processing, operation management, and execution of instructions for system 1000. Processor 1010 can include any type of microprocessor, central processing unit (CPU), graphics processing unit (GPU), processing core, or other processing hardware to provide processing for system 1000, or a combination of processors), wherein based on execution of one or more instructions stored by the at least one memory, the at least one processor is to, and a method:
latency of operations of the service without receiving a latency value directly (¶0027, teaches prediction of failure of a performance goal independent from measurement of the performance can include not measuring (i.e. without receiving latency value) the performance level, ¶0029, teaches network subsystem performance such as packet drop or delay on the server or network device as well as storage subsystem latency (i.e. determine latency) or congestion, ¶0054, teaches the set of objectives may include objectives based on latency, throughput, or availability of resources, wherein latency or throughput are performance values);
estimate throughput of packets transmitted for the service based on received performance values and without receiving a throughput value directly (¶0018, teaches packet delay, jitter, and loss reduce throughput for a given sender and or a given network flow, ¶0027, teaches prediction of failure of a performance goal independent from measurement of the performance can include not measuring (i.e. without receiving throughput value) the performance level. For example, prediction of a particular packet drop rate (i.e. estimate throughput of packet) occurring can take place without measuring the packet drop rate but measuring other parameters.), wherein the performance values are based on four or more of: processor utilization, cache misses, memory read and write latencies, input output (IO) bandwidth to a central processing unit (CPU), IO bandwidth from the CPU, number of instructions retired, and/or core snoop responses (¶0023, teaches requires advance knowledge of resource utilization(i.e. processor utilization) patterns and needs to be repeated anytime one parameter is changed. Fingerprinting can lead to conservative allocation per the worst utilization levels, which lowers workload densities, ¶0046, teaches performance monitor 106 can also monitor network bandwidth (i.e. IO bandwidth from the CPU), ¶0064, teaches KPIs that can be collected from a CPU include the following. From a performance monitoring unit (PMU) register: page-faults, minor-faults, cache-misses, or context-switches. Page and minor faults occur when the OS does not find a particular page (data segment) in memory, ¶0071, teaches Parameter cpu_value_percent_wait_m indicates that core m is idle waiting for an input/output operation to complete, ¶0088, teaches the executing or operating memory to provide instructions (i.e. number of instructions) to processor 1010, ¶0121, teaches core waiting for an input/output operation to complete).
However, Chattopadhay remain silent on determine service mesh interface utilization, wherein the determine service mesh interface utilization comprises: estimate latency of operations of the service mesh interface based on received performance values.
He discloses determine service mesh interface utilization (¶0078, teaches one or more network interface controllers to perform end-to-end service mesh hardware offloading. Various embodiments provide service mesh data plane features such as proxy in a switch and one or more NICs, ¶0081, teaches switch 1320 can configure one or more of NICs 1330-A to 1330-N and NIC 1344 to route traffic between servers that execute services associated with a service mesh. Service mesh controller 1310 can configure rules of proxy for forwarding traffic inside service mesh 1300) ,
wherein the determine service mesh interface utilization comprises: estimate latency of operations of the service mesh interface based on received performance values (¶0057, teaches the orchestrator server 920 may identify trends in the resource utilization of the workload (e.g., the application 932), such as by identifying phases of execution (e.g., time periods in which different operations, each having different resource utilizations characteristics, are performed) of the workload (e.g., the application 932)…the performance (e.g., congestion, latency, bandwidth) of the path through the network to the resource (e.g., FPGA). As such, the orchestrator server 920 may determine which resource(s) should be used with which workloads based on the total latency (i.e. estimate latency) associated with each potential resource available in the data center 100 (e.g., the latency associated with the performance of the resource itself in addition to the latency associated with the path through the network between the compute node executing the workload and the node 400 on which the resource is located, ¶0058, teaches the orchestrator server 920 may identify patterns in resource utilization phases of the workloads and use the patterns to predict future resource utilization of the workloads, ¶0078, teaches one or more network interface controllers to perform end-to-end service mesh hardware offloading. Various embodiments provide service mesh data plane features such as proxy in a switch and one or more NICs, ¶0081, teaches switch 1320 can configure one or more of NICs 1330-A to 1330-N and NIC 1344 to route traffic between servers that execute services associated with a service mesh. Service mesh controller 1310 can configure rules of proxy for forwarding traffic inside service mesh 1300).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Chattopadhyay’s measurement of the performance can include not measuring (i.e. without receiving latency value) the performance level with determine service mesh interface utilization, wherein the determine service mesh interface utilization comprises: estimate latency of operations of the service mesh interface based on received performance values of He, in order to determine how much the service mesh interface is being utilized by estimating operation latency using collected performance metrics, in order to maintaining performance visibility when latency values are unavailable, and supporting timely traffic management and resource allocation decisions (He).
However, Chattopadhyay in view of He remain silent on request to adjust resource allocation to perform the service based on the estimated latency and throughput.
Metsch discloses request to adjust resource allocation to perform the service based on the estimated latency and throughput (¶0014, teaches objectives may include latency, throughput, and availability or reliability requirements for the services (i.e. request) and their workloads, ¶0036, teaches objective-driven orchestration (i.e. latency and Throughput) may be useful for resources deployed at the edge as it may adjust for resource constraint requirements of the services, ¶0042, teaches the estimated performance results may be compared to the objectives (i.e. latency, throughput, and availability) to determine if the plan will meet the objectives, ¶0054, teaches the set of objectives may include objectives based on latency, throughput, or availability of resources, ¶0062, teaches as the service workload executes, if the monitoring determines that one of the objectives is not being met, then the plan may be adjusted to ensure the objectives are met).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Chattopadhyay’s adjusting resource allocation in view of He’s system with request to adjust resource allocation to perform the process based on the determined latency and throughput of Metsch, in order to dynamically balance performance and efficiency and ensuring fast response times, high data transfer rates, and optimal resource use (Metsch, ¶0021).
With respect to claims 3, 10 and 18, Chattopadhyay in view of He, and further in view of Metsch discloses the computer-readable medium of claim 1, wherein the performance values are also based on: fetching and providing decoding fetched instructions into hardware operations and unavailability of hardware compute resources of a (CPU) (Chattopadhyay, ¶0037, teaches computing platform 100 can include or access (i.e. fetching or retrieving) compute engine and memory resources 102-0 to 102-M, ¶0055, teaches packets could be dropped because there are insufficient CPU or processing resources to process the packets ¶0081, teaches System 1000 includes processor 1010, which provides processing, operation management, and execution of instructions for system 1000, ¶0083, teaches an accelerator among accelerators 1042 can provide sequential and speculative decoding operations, ¶0087, teaches a dependent connection is one where system 1000 provides the software platform or hardware platform or both on which operation executes, and with which a user interacts .
With respect to claims 4, 11 and 19, Chattopadhyay in view of He, and further in view of Metsch discloses the computer-readable medium of claim 1, wherein the request to adjust resource allocation to perform the service mesh interface based on the estimated latency and throughput comprises request cloud service mesh interface performance tuning (Chattopadhyay, ¶0036, teaches objective-driven orchestration (i.e. latency and Throughput) may be useful for resources deployed at the edge as it may adjust for resource constraint requirements of the services, ¶0054, teaches the set of objectives may include objectives based on latency, throughput, or availability of resources, ¶0064, teaches KPIs that can be collected from a CPU include the following. From a performance monitoring unit (PMU) register: page-faults, minor-faults, cache-misses, or context-switches. Page and minor faults occur when the OS does not find a particular page (data segment) in memory, He, ¶0057, teaches the orchestrator server 920 may identify trends in the resource utilization of the workload (e.g., the application 932), such as by identifying phases of execution (e.g., time periods in which different operations, each having different resource utilizations characteristics, are performed) of the workload (e.g., the application 932)…the performance (e.g., congestion, latency, bandwidth) of the path through the network to the resource (e.g., FPGA). As such, the orchestrator server 920 may determine which resource(s) should be used with which workloads based on the total latency (i.e. estimate latency) associated with each potential resource available in the data center 100 (e.g., the latency associated with the performance of the resource itself in addition to the latency associated with the path through the network between the compute node executing the workload and the node 400 on which the resource is located, ¶0058, teaches the orchestrator server 920 may identify patterns in resource utilization phases of the workloads and use the patterns to predict future resource utilization of the workloads, ¶0078, teaches one or more network interface controllers to perform end-to-end service mesh hardware offloading. Various embodiments provide service mesh data plane features such as proxy in a switch and one or more NICs, ¶0081, teaches switch 1320 can configure one or more of NICs 1330-A to 1330-N and NIC 1344 to route traffic between servers that execute services associated with a service mesh. Service mesh controller 1310 can configure rules of proxy for forwarding traffic inside service mesh 1300, Metsch, ¶0067 teaches Such an xPU may be designed to receive programming to process one or more data streams and perform specific tasks and actions for the data streams (such as …managing service meshes, or collecting and distributing telemetry).
With respect to claims 6 and 13, Chattopadhyay in view of He, and further in view of Metsch discloses the computer-readable medium of claim 1, wherein the performance values comprise latency and throughput of the service mesh interface (He, ¶0057, teaches the orchestrator server 920 may identify trends in the resource utilization of the workload (e.g., the application 932), such as by identifying phases of execution (e.g., time periods in which different operations, each having different resource utilizations characteristics, are performed) of the workload (e.g., the application 932)…the performance (e.g., congestion, latency, bandwidth) of the path through the network to the resource (e.g., FPGA). As such, the orchestrator server 920 may determine which resource(s) should be used with which workloads based on the total latency (i.e. estimate latency) associated with each potential resource available in the data center 100 (e.g., the latency associated with the performance of the resource itself in addition to the latency associated with the path through the network between the compute node executing the workload and the node 400 on which the resource is located, ¶0058, teaches the orchestrator server 920 may identify patterns in resource utilization phases of the workloads and use the patterns to predict future resource utilization of the workloads, ¶0078, teaches one or more network interface controllers to perform end-to-end service mesh hardware offloading. Various embodiments provide service mesh data plane features such as proxy in a switch and one or more NICs, ¶0081, teaches switch 1320 can configure one or more of NICs 1330-A to 1330-N and NIC 1344 to route traffic between servers that execute services associated with a service mesh. Service mesh controller 1310 can configure rules of proxy for forwarding traffic inside service mesh 1300, Metsch, ¶0067 teaches Such an xPU may be designed to receive programming to process one or more data streams and perform specific tasks and actions for the data streams (such as …managing service meshes, ¶0102, teaches wherein the set of performance objectives includes an objective based on at least one of latency, throughput, or availability).
With respect to claims 7, 14 and 20, Chattopadhyay in view of He, and further in view of Metsch discloses the computer-readable medium of claim 1, wherein the performance values are provided from one or more counters or registers of at least one server (Chattopadhyay, ¶0029, teaches KPIs can include for example response of the workload on server, ¶0058, teaches a particular software environment can be used to train a ML model so that the model is tailored to identify predicted packet drops for a compact set of particular key performance measurements (i.e. performance values) of a system that runs a particular software configuration. An ML model can execute on a client machine or server).
With respect to claim 15, Chattopadhyay in view of He, and further in view of Metsch discloses the apparatus of claim 8, comprising a network interface device and comprising circuitry to store monitored performance values of the network interface device, the at least one memory and the at least one processor (Chattopadhyay, ¶0086, teaches Network interface 1050 provides system 1000 the ability to communicate with remote devices (e.g., servers or other computing devices) over one or more networks. Network interface 1050 can include an Ethernet adapter, wireless interconnection components, cellular network interconnection components, USB (universal serial bus), or other wired or wireless standards-based or proprietary interfaces. Network interface 1050 can transmit data to a device that is in the same data center or rack or a remote device, which can include sending data stored in memory. Network interface 1050 can receive data from a remote device, which can include storing received data into memory. Various embodiments can be used in connection with network interface 1050, processor 1010, and memory subsystem 1020).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MAHMUD whose telephone number is (571)270-0385. The examiner can normally be reached Mon-Fri 8.00-5.00pm.
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/G.M/Examiner, Art Unit 2458
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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