Prosecution Insights
Last updated: October 23, 2026
Application No. 18/085,858

NETWORK DEVICES WITH USER-DEFINED MANAGEMENT OF OPERATING PARAMETERS

Final Rejection §103
Filed
Dec 21, 2022
Examiner
GHAFFARI, ABU Z
Art Unit
2195
Tech Center
2100 — Computer Architecture & Software
Assignee
Mellanox Technologies Ltd.
OA Round
4 (Final)
79%
Grant Probability
Favorable
5-6
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
558 granted / 704 resolved
+24.3% vs TC avg
Strong +48% interview lift
Without
With
+47.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
23 currently pending
Career history
746
Total Applications
across all art units

Statute-Specific Performance

§101
17.2%
-22.8% vs TC avg
§103
38.6%
-1.4% vs TC avg
§102
0.1%
-39.9% vs TC avg
§112
39.6%
-0.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 704 resolved cases

Office Action

§103
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . This final office action is responsive to the amendments filed on 08/19/2026. Claims 1-20 are pending. Response to Amendment Applicant has amended independent claims 1, 12, 19 and dependent claims 2-3, 7-8, 13 and 20 to include new/old limitations in a form not previously presented necessitating new search and considerations. 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. Claims 1, 3-8, 10, 12-15, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong et al. (US 2020/0042068 A1, hereafter Rong) in view of Shabbir et al. (US 2016/0091945 A1, hereafter Shabbir), and further in view of Rotem et al. (US 2023/0168732 A1, hereafter Rotem), and further in view of Jacquin et al. (US 2023/0237155 A1, hereafter Jacquin). Rong, Shabbir, and Rotem were cited in the last office action. As per claim 1, Rong teaches the invention substantially as claimed including a networking device, comprising ([0016] fig. 2 network device e.g. computing node 202 [0046] computing node 400 computing nodes 202): a first interface to communicate with a configuration controller that enables a user ([0038] user interface 260 may receive input from one or more users e.g., administrators, user interface 260 may provide input to CVM 208, power management service may be provided to admin system for display in the user system; fig. 2 administrator system 258 user interface 260 controller VM 208 power management system 201 power management service 209 ) to adjust a system budget that defines at least one of an electrical power consumption limit and a thermal limit for the networking device during execution of a workload ([0014] power management system, dynamically adjust the power budget rules for the computing nodes of the computing node clusters based on instantaneous consumptions changes; dynamically adjust the respective power budget limits for the computing nodes 111(11)-(Nk) of the computing node clusters 110(1)-(N) [0018] user VM, execute, any number of application); one or more non-transitory memory resources coupled to the first interface (fig. 2 user interface 260 controller VM 208 local memory 242 [0019] services running on the CVMs may utilize memory in local memory 242) and to store the adjusted system budget one or more hardware processing resources to ([0046] computing node 400 computing nodes 202 implement the computing node 400 fig 4 400 processors 404): read the configuration from the one or more non-transitory memory resources ([0011] provide respective power budget limits to each of the computing node clusters 120 [0013] setting, power budget rules, stored, memory, power management service, individual computing nodes may use the respective power budget rules to control internal configuration and operation of the respective computing node); configure at least one operating parameter of the one or more hardware processing resources based on the configuration respective computing node, such as processor speeds, memory speeds [0035] processors units, operate at a power state that corresponds to the corresponding power budget rule); configure, based on the configurationat least one capping algorithm for controlling electrical power consumption of the networking device while the networking device executes the workload ([0018] user VM, execute, any number of application [0016] fig. 2 network device e.g. computing node 202 [0046] computing node 400 computing nodes 202 [0033] computation load associated with a computing node 202 212); monitors the electrical power consumption ([0034] monitor and manage power consumption at each computing node [0035] power management services, firmware e.g. BIOS of the respective computer node) and generates corresponding monitoring data ([0023] power consumption data, power consumption data associated with that computing node [0034] manage collection, power consumption data); and execute the workload ([0018] VM, execute, any number of application [0016] fig. 2 network device e.g. computing node 202 [0046] computing node 400 computing nodes 202 [0033] computation load associated with a computing node 202 212 [0042] usage ratio) in accordance with the monitoring data, configured at least one capping algorithm, and the configured at least one operating parameter to avoid exceeding the system budget ([0010] PDUs, capable of power, respective computing node clusters, less than a maximum power consumption allow, computing clusters [0012] PSU 106, aggregate power consumption limit and each of the PDUs, controlled [0027] monitor aggregate increases relative to the maximum power consumption limit [0023] reducing the increase of the respective power budget limit associated with the first computing node from a first amount to a second amount in response to a determination that the increase of the first amount in aggregate with all existing respective power budget limits associated with the other computing node clusters of the plurality of computing node clusters exceeds the maximum power consumption threshold ). Rong doesn’t specifically teach store budget in a configuration file; read configuration file; configure processing resource based on the configuration file; configure, based on the configuration file, at least one capping algorithm for controlling temperature of the networking device; expose the configuration file to a firmware interface, different that the first interface, that monitors the temperature of the network device and generates corresponding monitoring data. Shabbir, however, teaches interface to adjust budget thermal limit ([0030] fig. 1 thermal table 122 informational handling system 102 , thermal parameters, target / maximum temperature [0031] allow customer/user to add entries, thermal table 122 [0032] enter information into power/thermal table, user, interface, controller, management console / interface), store budget in a configuration file (fig. 1 power/thermal table 120 122 124 [0030] thermal table 122, map, list, array, table or other suitable data structure with one or more entries, each entry setting forth thermal parameters [0007] thermal table capable of storing one or more entries), read configuration file ([0021] receive information regarding thermal parameters from power and/or thermal tables of management controller 116); configure processing resource based on the configuration file ([0021] receive one or more signal indicative of one or more temperatures withing information handling system 102, receive information regarding thermal parameters of information handling resources e.g. power and/or thermal tables of management controller 116, calculate an air mover driving signal to maintain an appropriate level of colling, increase / decrease cooling, communicate air mover driving signal to air mover 108 [0019] information handling system 102 comprises processor 103 ); configure, based on the configuration file, at least one algorithm for controlling temperature ([0021] calculate air mover signal, maintain, appropriate level of cooling, increase/decrease cooling [0022] cool information handling resource [0024] temperature sensors [0030] thermal parameters e.g. target / maximum temperature); expose the configuration file to a firmware different that the first interface (fig. 1 firmware 118 power table 120 thermal table 122 virtual power/thermal table 124 [0028] firmware, program included configured to be read and executed by management controller 118 [0029] power table 120, constructed/stored within a read-only memory of management controller 116 prior to runtime of information handling system that may only be updated in connection with periodic firmware updated to management controller 116 [0032] user, interface, with management controller 116 via a management console, coupled to the network interface [0037] firmware 118 may create a virtual power and thermal power table 124) that monitors the electrical power consumption and temperature of the network device ([0023] temperature sensor temperature within information handling system) and generates corresponding monitoring data ([0023] temperature sensor, communicate, temperature within information handling system ). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong with the teachings of Shabbir of thermal table storing target/maximum temperature entered by the user using an interface, receiving thermal parameters from the thermal tables, maintain appropriate level of cooling information handling resource, temperature sensor communicating the temperature within the information system to improve efficiency and allow interface to adjust budget thermal limit, store budget in a configuration file, read configuration file; configure, based on the configuration file, temperature sensor communication temperature of information system, and at least one algorithm for controlling temperature to the method of Rong as in the instant invention. The combination of analogous prior art would have been obvious because applying the known method of thermal/power table storing maximum temperature, receiving the parameter from the thermal table, sensing the temperature of the system and maintaining the resource temperature at appropriate level as taught by Shabbir to the method of Rong to yield expected result with improved efficiency. Rong and Shabbir, in combination, do not specifically teach capping algorithm for controlling temperature; firmware interface that monitors the electrical power consumption of the network device and generates corresponding monitoring data. Rotem, however, teaches configure, based on the configuration, at least one capping algorithm for controlling electrical power consumption and temperature ([0021] power management logic, processor controlled, e.g. thermal constraints [0035] power management, OSPM, processor, various performance state, opportunistic mode, P0 state, when thermal budget is available [0038] power management, power and/or thermal constraints is encountered, power may be reduced by reducing operating frequency and/or voltage, throttling instruction execution rate or limiting scheduling of instructions [0125] controlling higher performance state, tau values, thermal design power level, exceed TSP level assuming no processor constraints are active e.g. thermal/power [0128] adaptive technique, thermal or power budget [0136] control such operation, processor temperature [0139] temperature budget). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong and Shabbir with teaching of Rotem of various technique to restrict the power/temperature within the power/temperature budget/constraints to improve efficiency and allow configure, based on the configuration, at least one capping algorithm for controlling power/temperature to the method of Rong and Shabbir as in the instant invention. The combination would have been obvious because applying known method of controlling the processor temperature according to the limit of power/thermal budget/maximum temperature to the method of Rong and Shabbir to yield expected result of and improved efficiency. Rong, Shabbir, and Rotem, in combination, don’t specifically teach firmware interface. Jacquin, however, teaches firmware interface that monitors the electrical power consumption and the temperature of the network device ([0032] BMC 123, management roles, for computing platform, monitoring sensors e.g. temperature sensors, monitoring power statuses [0034] BMC, monitors the physical state of a server) and generates corresponding monitoring data ([0032] logging computer system events [0031] BMC provide data to the engine 136). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong, Shabbir and Rotem with teaching of Jacquin of BMC for monitoring temperature and power status, logging the events and providing data to the engine to improve efficiency and provide another firmware interface for monitoring and generating monitoring data of power/temperature to the method of Rong, Shabbir and Rotem as in the instant invention. The combination would have been obvious because applying known method of baseboard management controller monitoring temperature / power, logging event and providing data as taught by Jacquin to the method of Rong, Shabbir and Rotem to yield expected result of and improved efficiency. As per claim 3, Rong teaches wherein, before reading the configuration file, the networking device powers-up with default system budget different than the adjusted system budget ([0025] power budget rule, power management system, initial power budget rule, computing nodes, initial power budget, slightly higher, 10% over the power budget limit), and wherein the at least one operating parameter comprises a number of active hardware processing resources in the one or more processing resources ([0025] power budget, maximum power, divided, number of computing nodes), a clock frequency of the one or more hardware processing resources ([0013] processor speeds i.e. frequency), an amount of memory usage of the one or more non-transitory memory resources ([0019] utilize, amount of local memory), operating voltage of a hardware processing resource in the one or more processing resources ([0013] maximum current of the computing node), operating voltage of a non-transitory memory resource in the one or more memory resources, operating temperature of a hardware processing resource in the one or more processing resources, or any combination thereof. As per claim 4, Rong teaches a second interface that facilitates communication between, a processor core subsystem comprising one or more hardware processing resource and a network interface controller (NIC) subsystem ([0046] computing nodes 400 202 [0047] fig. 4 communication unit 410 computing node 400 communication fabric 402 provides communication between processors 404 communication unit 410 [0051] network interface cards). As per claim 5, Rong teaches wherein the one or more hardware processing resources read the configuration Shabbir teaches remaining claim elements of read the configuration file upon power up of the network device (fig. 2 controller 116 boots, use original virtual power/thermal table 124 without personality module information 208). As per claim 6, Rong teaches wherein access to the configuration is controlled and limited ([0038] user interfaces i.e. controlled and limited, receive input from one or more users, using webservice). Shabbir teaches remaining claim elements of configuration file (fig. 1 thermal/power tables 120 122 124 126). As per claim 7, Rong teaches wherein the firmware interface comprises an Advanced Configuration and Power Interface (ACPI) ([0035] CVM, communicate directly with the processor via an interface e.g. ACPI). As per claim 8, Rong teaches wherein the firmware interface comprises a Wherein the configuration includes user-set preferences for the at least one operating parameter ([0013] computing nodes, power budget, control internal configuration and operation of the respective computing node, processor speeds, memory speeds, current, watt [0038] user interface, receive input from users, set priority of workload ). Jacquin teaches remaining claim elements Unified Extensible Firmware Interface (UEFI) ([0019] UEFI 132). As per claim 10, Rong teaches wherein the configuration includes a plurality of predefined options for the at least one operating parameter ( [0013] control processor speeds, memory speeds, network throughput, active applications or services [0038] user interface, receive input from users, set priority of workload ). Shabbir teaches remaining claim elements of configuration file includes plurality of options (fig. 1 management controller, power table 120 thermal table 122 [0035] implemented in a variety of configurations of IHS 102). Claim 12 recites a Data Processing Unit (DPU), comprising: a processor core subsystem including one or more processor cores; a network interface controller (NIC) subsystem; a first interface that facilitates communication between the processor core subsystem and the NIC subsystem ([0016] fig. 2 computing node 202 [0046] fig. 4 computing node 400 computing node 200 [0051] data processing system [0047] computing node 400 communication fabric 402 provides communication between processors 404 communication unit 410 [0051] network interface cards ) for elements similar to claim 1. Therefore, it is rejected for the same rationale. Claim 13 recites the DPU for limitations similar to claim 7. Therefore, it is rejected for the same rationale. Claim 14 recites the DPU for limitations similar to claim 3. Therefore, it is rejected for the same rationale. Claim 15 recites the DPU for limitations similar to claim 6. Therefore, it is rejected for the same rationale. Claim 17 recites the DPU for limitations similar to claim 10. Therefore, it is rejected for the same rationale. Claims 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong et al. in view of Shabbir, and further in view of Rotem, and further in view of Jacquin, as applied to above claims, and further in view of K et al. (US 2023/0237155 A1, hereafter Jacquin). As per claim 2, Rong teaches wherein the one or more hardware processing resources comprise a Firmware ([0016] fig. 2 computing node 202 [0046] fig. 4 computing node 400 processor 404 computing node 200 [0051] data processing system [0035] communicate with the processor unis via a firmware). Rong, Shabbir, and Rotem, in combination, do not specifically teach ARM Trusted Firmware (ATF). Kaushik, however, teaches ARM Trusted Firmware (ATF) ([0047] ARM trusted firmware). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong, Shabbir, Rotem with the teachings of Kaushik of ATF to improve efficiency and allow using ATF to the method of Rong, Shabbir, Rotem as in the instant invention. The combination would have been obvious because substituting the firmware with ATF as taught by Kaushik to the method of Rong, Shabbir, Rotem to yield expected result with improved specificity and efficiency. Claims 9, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong in view of Shabbir and further in view of Rotem, and further in view of Jacquin, as applied to above claims, and further in view of Koda et al. (US 2019/0361744 A1, hereafter Koda). Koda was cited in the last office action. As per claim 9, Rong teaches wherein the user-set preferences comprise one or more of core count of the one or more hardware processing resources, clock frequency of the one or more hardware processing resources, available memory capacity of the one or more memory resources, or bandwidth of the one or more memory resources ([0013] computing nodes, power budget, control internal configuration and operation of the respective computing node, processor speeds, memory speeds, current, watt [0038] user interface, receive input from users, set priority of workload [0025] power budget, maximum power, divided, number of computing nodes). Rong, Shabbir, Rotem and Jacquin, in combination, do not specifically teach preference to optimize. Koda, however, teaches preference to optimize one or more of core count of the one or more processing resources, clock frequency of the one or more processing resources, available memory capacity of the one or more non-transitory memory resources, or a preference to optimize bandwidth of the one or more transitory memory resources (fig. 7 prioritization rule definition 47 maximum frequency asc/desc order [0073] [0074] [0078] ). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong, Shabbir, Rotem and Jacquin with teaching of Koda of preferential priority setting based on frequency to improve efficiency and allow preference to optimize the frequency to the method of Rong, Shabbir, Rotem and Jacquin as in the instant invention. The combination would have been obvious because applying the preferential priority settings for frequency, power consumption as taught by Koda to the power consumption management taught by Rong, Shabbir, Rotem and Jacquin to yield predictable results and improved efficiency. Claim 16 recites the DPU for limitations similar to claim 9. Therefore, it is rejected for the same rationale. Claims 11, 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rong in view of Shabbir and further in view of Rotem, and further in view of Jacquin, as applied to above claims, and further in view of Beer et al. (US 2005/0066206 A1, hereafter Beers). Beers was cited in the last office action. As per claim 11, Rong teaches wherein the one or more hardware processing resources the first interface to a user interface configuration of the networking device according to configuration (fig. 4 404 [0038] user interface, receive data from the CVM [0013] power budget, stored, memory, power management service, power budget rule, define maximum amount of power allocated to the respective computing node). Rong, Shabbir, Rotem and Jacquin, in combination, do not specifically teach provide feedback to the user through interface of the configuration controller to confirm successful configuration. Beers teaches remaining claim elements of provide feedback to the user through interface of the configuration controller to confirm successful configuration of the network device according to the configuration file (fig. 1 user interface 16 Budget configuration tool 12 [0037] user, select, desired operation via graphical illustration of the desired operation, visual representation of the power and performance tradeoffs [0039] The graphic illustrates the resulting balance between Speed and Battery Life depending on which Profile is selected, providing a demonstrative illustration of the resulting operation depending on which Profile is selected [0042] fig. 2 The shaded button indicates which profile is presently activated, and thus which operation level is active i.e. successful configuration [0043] parameters, other information relating to the configuration, stored in configuration files, various operational settings, power and performance, budget gauge, user, set parameter). It would have been obvious to one of ordinary skills in the art before the effective filing date of the invention was made to combine the teachings of Rong, Shabbir, Rotem and Jacquin with teaching of Beers of activated button indicating operation level according to the applied configuration parameter to improve efficiency and user experience and allow provide feedback to the user through interface of the configuration controller to confirm successful configuration to the method of Rong, Shabbir, Rotem and Jacquin to yield predictable results and improved efficiency and user experience. As per claim 18, Rong teaches the processor core subsystem reads the configuration from the at least one memory ([0013] power budget rules, stored, memory, individual computing nodes, use the respective power budget rules to control internal configuration and operation [0040] receiving, power consumption data) and forwards the configuration to the NIC subsystem over the first interface ([0051] communication unit 410, provide communication, network interface cards). Beers teaches remaining claim elements of forwarding configuration file to the NIC (claim 11 configuration file that can be accessed by the budget [0035] remote configuration file, accessed by downloading the information to the system i.e. forwarding the file via NIC). Claim 19 recites elements similar to claim 1. Therefore, it is rejected for the same rationale. In addition, claim 19 recites provide the user, through a user interface in communication with the first interface and the configuration controller, with options to select at least one operating parameter of the networking device that keeps the networking device within the system budget. Rong teaches remaining claim elements of provide the user, through a user interface in communication with the first interface and the configuration controller, ([0038] administrator, user interface, receive input from one or more users, provide/receive input/data to CVM; webservice, power management service 248). Beers teaches remaining claim elements of provide the user, through a user interface in communication with the first interface and the configuration controller, with options to select at least one operating parameter of the networking device that keeps the networking device within the system budget (Beers : [0037] user, budget gauge, [0039] fig. 2 user interface 24, power and performance configuration system, user interface presents, profile, speed and battery life, selection button, tradeoff between power and performance, present options to the user for selection via a user interface 16. The user may set the desired operation by selecting from options presented on the user interface 16), which is also taught by the Beers ([0037] [0039]. Therefore, it is also rejected for the same rationale as claim 1 in view of cited additional teachings of Beers. Claim 20 recites the elements similar to elements of claims 1 and 3 combination. Therefore, it is rejected for the same rationale. Examiners Note Applicant is further reminded of that the cited paragraphs and in the references as applied to the claims above for the convenience of the applicant(s) and although the specified citations are representative of the teachings of the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant in preparing responses, to fully consider all of the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner. Response to Arguments Applicant's arguments filed on 08/19/2026 have been fully considered but they are moot in view of new ground of rejection. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Khatri (US 2016/0217105 A1) teaches system and method for transforming a central processing unit (CPU) socket into a memory and/or input/output expander Kumar et al. (US 2024/0202348 A1) teaches authorizing enterprise modular chassis component movement using fully homomorphic encryption ([0016]) Rintameeki et al. (US 2021/0096633 A1) teaches thermal system management Suryanarayana et al. (US 2021/0382539 A1) teaches system and method for predictive battery power management ([0049] power monito UEFI). Authorization for Internet Communication Applicant is encouraged to submit an authorization to communicate with the Examiner via the internet by making the following statement (MPEP 502.03) “Recognizing that internet communications are not secure, I hereby authorize the USPTO to communicate with the undersigned and practitioners in accordance with 37 CFR 1.33 and 37 CFR 1.34 concerning any subject matter of this application by video conferencing, instant messaging, or electronic mail. I understand that a copy of these communications will be made of record in the application file.” Please note that the above statement can only by submitted via Central Fax (not Examiner’s Fax), Regular postal mail, or EFS Web using PTO/SB/439. 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 nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABU ZAR GHAFFARI whose telephone number is (571)270-3799. The examiner can normally be reached on Monday-Thursday 9:00 - 17:00 Hrs. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aimee Li can be reached on 571-272-4169. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. /ABU ZAR GHAFFARI/Primary Examiner, Art Unit 2195
Read full office action

Prosecution Timeline

Show 7 earlier events
Mar 30, 2026
Request for Continued Examination
Apr 04, 2026
Response after Non-Final Action
Apr 20, 2026
Non-Final Rejection mailed — §103
Jul 06, 2026
Interview Requested
Jul 21, 2026
Applicant Interview (Telephonic)
Jul 21, 2026
Examiner Interview Summary
Aug 19, 2026
Response Filed
Oct 08, 2026
Final Rejection mailed — §103 (current)

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Prosecution Projections

5-6
Expected OA Rounds
79%
Grant Probability
99%
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3y 2m (~0m remaining)
Median Time to Grant
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