DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This Office Action is in response to the amendment filed on 12/30/2025. This Action is made FINAL.
Claims 1-3, 9, 15-20 are pending and they are presented for examination.
Response to Amendment
Applicant's arguments with respect to claims 1-3, 9, 15-20 have been considered but are moot in view of the new ground(s) of rejection.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claim(s) 1-3, 9, 15-20 is/are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 (similarly claims 19 and 20) recite: “validating, by the automation controller, the build request by checking if the build request includes cluster type and location information”. After careful search of the instant application, the examiner was unable to find any support which discloses the automation controller validating the build request by checking if the build request includes a cluster type and location information. On multiple occasions the specification discloses of validating a build request, however, it fails to specific how and what it is validating in any details.
Claim 18 recite: “verifying, by the server management platform, that the cluster services are enabled”. After careful search of the instant application, the examiner was unable to find any support which discloses verifying of cluster services being enabled or not.
Claims 2-3, 9 and 15-18 are rejected based on rejection of its corresponding dependent claim.
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.
Claim(s) 1-3, 9, 15-20 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.
Claim 1 (similarly claims 19 and 20) recite: “validating, by the automation controller, the build request by checking if the build request includes cluster type and location information”. The examiner is unclear exactly what is being validated. For example, if a cluster type is included but incorrectly entered, is of wrong type, etc.
Claim 1 (similarly claims 19 and 20) recite: “validating, by the automation controller, the build request by checking if the build request includes cluster type and location information”.
The claim recites subsequent steps (emphasis added). Since, the validation step is unclear the examiner is unclear if the subsequent steps of the claim (and corresponding dependent claims) will continue to be executed or not based on the result of the validation.
Claim 1 (similarly claims 19 and 20) recite: “correct operation”. The examiner is unclear how a correct operation is distinguished from an incorrect operation.
Although, the amended claim does recite additional limitation, the additional limitation is not reference back to the “correct operation”. Therefore, the examiner is unclear if the additional/amended limitation of post-checks is to confirm correct operation or if it’s not tied to the confirmation of correct operation.
Claims 2-3, 9 and 15-18 are rejected based on rejection of its corresponding dependent claim.
Conclusion
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DONG U KIM whose telephone number is (571)270-1313. The examiner can normally be reached 9:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Bradley Teets can be reached at 5712723338. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DONG U KIM/Primary Examiner, Art Unit 2197