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 .
1. Claims 1-9, 11-16 and 19-23 are presented for examination.
Claims 10, and 17-18 have been cancelled.
Claim Objections
2. Claim 19 is objected to because of the following informalities:
A typo has been found, for example, “or or” after limitation “the direct I/O between input node and the destination node,” in claim 19.
Appropriate correction is required.
Drawings Objection
3. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the feature “accessing data indicative of an input node connected to a destination node by (i) a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, and (ii) a switched I/O link between the input node and the destination node, wherein the switched I/O link provides communication through a network switch between the input node and the destination node” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
4. Claims 1 and 19 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.
It seems that the element “accessing data indicative of an input node connected to a destination node by (i) a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, and (ii) a switched I/O link between the input node and the destination node” in claims 1 and 19 is not fully supported by Applicant’s specification.
Although Applicant’s specification, in paragraphs [0045], [0056],[0064], [0067], [0079], and [0087], discloses “the topology controller may access the device inventory,” Applicant’s specification does not specifically describe “accessing data indicative of an input node connected to a destination node by (i) a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, and (ii) a switched I/O link between the input node and the destination node” as recited in claims 1 and 19..
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.
5. Claim(s) 1-9, and 21-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khan et al (hereafter, “Khan”), US 2014/0092726 A1., in view of Binkert et al., (hereafter, “Binkert”), US 8,774,625 B2.
Regarding claim 1, Khan teaches a method of managing communication between computing nodes (i.e., Fig. 1), the method comprising:
at a topology controller (i.e., network configuration platform 116):
accessing data indicative of an input node connected to a destination node by (ii) a switched I/O link between the input node and the destination node (i.e., determining, for two primary nodes in the network topology request, a path in the physical network between one node from a node pair selected for a first one of the primary nodes and one node from a node pair selected for a second one of the primary node, page 8 claim 1), wherein the switched I/O link provides communication through a network switch between the input node and the destination node (i.e., lines connecting the switches represent the transmission link(s) within the core network, Figs 5A-5B and page 5 paragraph [0054]);
receiving a topology request at the topology controller (i.e., a network configuration platform coupled to the physical network and configured to receive a network topology request, page 2 paragraph [0012]);
based at least partially on the topology request, selecting one of (i) the direct I/O link between the input node and the destination node or (ii) the switched I/O link between the input node and the destination node to be configured as an active input-output (I/O) link to connect the input node to the destination node (i.e., determining, for two primary nodes in the network topology request to be connected, a path in the physical network between one node from a node pair selected for first one of the primary nodes and one node from a node pair selected for a second one of the primary nodes, page 2 paragraph [0010]); and
configuring the active I/O link between the input node and the destination node to the selected I/O link (i.e., configuring the physical network in accordance with the selected node pairs and the determined path, page 2 paragraph [0010]).
Khan does not explicitly teach a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch.
Binkert teaches a method for implementing switch topologies on physical network(s) (seen in abstract). Binkert teaches a direct I/O link between the input node and the destination node (i.e., circuit route, col. 7 lines 33-50), wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch (i.e., providing a continuous unbroken connection for transmitting signal from switch 13 to the switch 5, Fig. 14 and col. 13 lines 10-20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Khan’s network to implement a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, as taught by Binkert, in order to optimize the performance of the network.
Regarding claim 2, Khan teaches the method of claim 1.
Khan does not explicitly teach configure the active I/O link includes actuating a cross-point switch to recable the active I/O link.
Binkert teaches configure the active I/O link includes actuating a cross-point switch to recable the active I/O link (i.e., reconfiguring circuit switch…by building …new circuit, the logical topology is maintained and the packet routing protocol can proceed oblivious to the failure of the physical link, Figs 4A-4B and col. 7 lines 34-50).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the physical network of Khan to actuate a cross-point switch to recable the active I/O link, as taught by Binkert, in order to optimize the performance of the network(s)
Regarding claim 3, Khan teaches the method of claim 1, wherein the topology request is received from the input node (i.e., page 2 paragraph [0012]).
Regarding claim 4, Khan teaches the method of claim 1, wherein the direct I/O link directly connects a first topology switch of the input node to a second topology switch of the destination node (i.e., Fig. 6).
Regarding claim 5, Khan teaches the method of claim 1, wherein the switched I/O link connects a first topology switch of the input node to the network switch and connects the network switch to a second topology switch of the destination node (i.e., Fig. 6).
Regarding claim 6, Khan teaches the method of claim 1, wherein selecting the direct link between the input node and the destination node includes configuring a plurality of the direct links between the input node and the destination node based at least partially on the topology request (i.e., (i.e., Fig. 5 and pages 5-6 paragraph [0057]).
Regarding claim 7, Khan teaches the method of claim 1, wherein configuring the active I/O link includes changing a physical connection between a first connector of the input node to a second connector of the destination node (i.e., Fig. 4A and page 4 paragraph [0047]).
Regarding claim 8, Khan teaches the method of claim 1, wherein selecting a direct link includes selecting a fixed link topology (i.e., page 7 paragraph [0068]).
Regarding claim 9, Khan teaches the method of claim 8, wherein the fixed link topology is selected from a group including ring, tree, star, and hierarchical (i.e., Fig. 2 and page 1 paragraph [0006]).
Regarding claim 21, Khan teaches the method of claim 1, further comprising:
receiving a second topology request at the topology controller (i.e., a network configuration platform coupled to the physical network and configured to receive a network topology request, page 2 paragraph [0012]); and based at least partially on the second topology request, configuring the active I/O link of one of the direct I/O link or the switched I/O link to the other of the direct I/O link or the switched I/O link (i.e., network topology request specifies a communication network may have step of determining, a path in the physical network between one node from a node pair selected for first one of the primary nodes and one node from a node pair selected for a second one of the primary nodes, and configuring the physical network in accordance with the selected node pairs and the determined path, page 2 paragraph [0010]).
Khan does not explicitly teach reconfiguring the active I/O link of one of the direct I/O link or the switched I/O link to the other of the direct I/O link or the switched I/O link.
Binkert teaches configuring/reconfiguring the active I/O link of one of the direct I/O link or the switched I/O link to the other of the direct I/O link or the switched I/O link.
(i.e., circuit switch networks can be configured to create a variety of possible circuit routes and can be reconfigured to direct signals around links that fails or to meet the changing demand, Figs 4A-4B and col. 7 lines 33-50).
It would have been obvious to one of ordinary skill in the art, before the effective date of the claimed invention, to have modified Khan’s network(s) to reconfigure the active I/O link of one of the direct I/O link or the switched I/O link to the other of the direct I/O link or the switched I/O link, as taught by Binkert, in order to optimize the performance of the network.
Regarding claim 22, Khan teaches the method of claim 1.
Khan does not explicitly teach wherein the direct I/O link operates without data divided into packets for transmission between the input node and the destination node, wherein the switched I/O link operates with the data divided into packets for transmission between the input node and the destination.
Binkert teaches the direct I/O link operates without data divided into packets for transmission between the input node and the destination node (i.e., discloses circuit switch network can be configured to create a variety of possible circuit route, col. 7 lines 33-50), wherein the switched I/O link operates with the data divided into packets for transmission between the input node and the destination (i.e., packet switching involves breaking a message up into number of packets…to route the packet to the appropriate switch, col. 8 lines 25-30).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Khan to comprise wherein the direct I/O link operates without data divided into packets for transmission between the input node and the destination node, wherein the switched I/O link operates with the data divided into packets for transmission between the input node and the destination, as taught by Binkert because it was conventionally employed in art for efficiently utilizing hybrid packet and circuit switched control approaches.
Regarding claim 23, Khan teaches wherein selecting one of (i) the direct I/O link between input node or the destination node or (ii) the switch I/O link between the input node and the destination node is based on which of (i) the direct I/O link or the (ii) the switched I/I link provides lower latency based on the topology request (i.e., the path with smallest delay is selected, page 3 paragraph [0027]).
6. Claim(s) 12-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsubouchi et al (hereinafter, “Tsubouchi”), US 2017/0126503 A1., in view of Binkert et al., (hereafter, “Binkert”), US 8,774,625 B2.
Regarding claim 12, Tsubouchi teaches a system for managing a topology of a distributed computing system (i.e., Fig. 2), the system comprising:
an input node (i.e., node A, page 2 paragraph [0055]);
a destination node (i.e., node Z, page 2 paragraph [0055]), wherein the input node is connected to the destination node by (ii) a switched I/O link between the input node and the destination node, wherein the switched I/O link provide communication through a network switch between the input node and the destination node (i.e., data transmitted along the route/link between node A and node Z…routers R1 and R2 serving as relay node, Fig. 2 and page 3 paragraphs [0077]- [0078]).
a first topology switch (i.e., Router R1) associated with the input node and in data communication with the input node (i.e., each of the routers R1 and R2 is an examples of relay node… data transmitted along the route between the node A and Node Z, page 3 paragraph [0078]);
a second topology switch (i.e., Router R2) associated with the destination node and in data communication with the destination node (i.e., each of the routers R1 and R2 is an examples of relay node… data transmitted along the route between the node A and Node Z, page 3 paragraph [0078]); and
a topology controller (i.e., management server 11, Fig. 11) configured to actuate at least the first topology switch to selectively direct information from the input node to the destination node through one of:
the direct I/O link between the first topology switch and the second topology switch, or
a switched I/O link between the first topology switch and the second topology switch (i.e., data transmitted along the route/link between node A and node Z…routers R1 and R2 serving as relay node, Fig. 2 and page 3 paragraphs [0077]- [0078]).
Tsubouchi does not explicitly teach wherein the input node is connected to the destination by (i) a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch.
Binkert teaches a method for implementing switch topologies on physical network(s) (seen in abstract). Binkert teaches wherein the input node is connected to the destination by a direct I/O link between the input node and the destination node (i.e., circuit route, col. 7 lines 33-50), wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch (i.e., providing a continuous unbroken connection for transmitting signal from switch 13 to the switch 5, Fig. 14 and col. 13 lines 10-20).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Tsubouchi to implement a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, as taught by Binkert, in order to optimize the performance of the network.
Regarding claim 13, Tsubouchi teaches the system of claim 12, wherein the topology controller is in data communication with an allocator (i.e., page 3 paragraph [0062]).
Regarding claim 14, Tsubouchi teaches the system of claim 12, wherein the topology controller is part of an allocator (i.e., Fig. 11 and page 3 paragraph [0062]).
Regarding claim 15, Tsubouchi teaches the system of claim 12, wherein the topology controller is configured to actuate at least the first topology switch to selectively direct information based at least partially on a topology request received at the topology controller (i.e., page 2 paragraph [0041]).
Regarding claim 16, Tsubouchi teaches the system of claim 12,
Tsubouchi does not explicitly teach wherein at least one of the first topology switch and the second topology switch is a cross-point switch for re-cabling the active I/O link.
Binkert teaches herein at least one of the first topology switch and the second topology switch is a cross-point switch for re-cabling the active I/O link (i.e., cross bar switch topology, col. 15 lines 31-32).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the teachings of Tsubouchi to deploy a cross-point switch, as taught by Binkert. One would be motivated to do so to allow path/link to be easily reconfigured at runtime.
7. Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khan, in view of Binkert as applied to claim 1 above, and further in view of AuYoung et al (hereinafter, “AuYoung”), US 2017/ 0163493 A1.
Regarding claim 11, Khan teaches the method of claim 1.
The combination of teachings Khan and Binkert does not explicitly teach after configuring the active I/O link to the direct I/O link, powering down a network switch of the switched I/O link.
AuYoung teaches after configuring the active I/O link to a direct I/O link, powering down a network switch of the switched I/O link (i.e., turn off unused switches, page 2 paragraph [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, to have modified the combination of teachings of Khan and Binkert to power down a network switch of the switched I/O link after configuring the active I/O link to a direct I/O link, as taught by AuYoung, in order to reduce energy cost.
8. Claim(s) 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Khan, in view of Jeuk et al (hereinafter, “Jeuk”), US 2021/0392049 A1, and Binkert.
Regarding claim 19, Khan teaches a method of managing communication between computing nodes (i.e., Fig. 1), the method comprising:
receiving a computational process request (i.e.., request may include resource requirement, page 1 paragraph [0005]);
determining at least part of a topology request (i.e., determining, for two primary nodes in the network topology requested to be connected, page 2 paragraph [0010]); and
at a topology controller:
receiving the topology request at the topology controller (i.e., a network configuration platform coupled to the physical network and configured to receive a network topology request, page 2 paragraph [0012]);
accessing data indicative of an input node connected to a destination node by (ii) a switched I/O link between the input node and the destination node (i.e., Khan, in page 8 claim 1, discloses determining, for two primary nodes in the network topology request, a path in the physical network between one node from a node pair selected for a first one of the primary nodes and one node from a node pair selected for a second one of the primary node), wherein the switched I/O link provides communication through a network switch between the input node and the destination node (i.e., lines connecting the switches represent the transmission link(s) within the core network, Figs 5A-5B and page 5 paragraph [0054]);
based at least partially on the computational process request, selecting an active input-output (I/O) link connecting the input node to the destination node from:
the direct I/O link between the input node and the destination node, or or
the switched I/O link between the input node and the destination node (i.e., determining, for two primary nodes in the network topology request to be connected, a path in the physical network between one node from a node pair selected for first one of the primary nodes and one node from a node pair selected for a second one of the primary nodes, page 2 paragraph [0010]); and
configuring the active I/O link between the input node and the destination node to the selected I/O link (i.e., configuring the physical network in accordance with the selected node pairs and the determined path, page 2 paragraph [0010]).
Khan does not explicitly teach receiving a computational process request at a machine learning model; determining at least part of a topology request with the machine learning model, and a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch.
Jeuk teaches receiving a computational process request at a machine learning model, and determining at least part of a topology request with the machine learning model (i.e., the desired state of the network topology may be used in conjunction with network topology operational data as training data for machine-learning model(s), page 6 paragraph [0046] and abstract). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Khan to include machine learning model, as taught by Jeuk. One would be motivated to do so to optimize recommendations specific to the network topology (i.e., page 2 paragraph [0020]).
Binkert teaches a method for implementing switch topologies on physical network(s) (seen in abstract). Binkert teaches a direct I/O link between the input node and the destination node (i.e., circuit route, col. 7 lines 33-50), wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch (i.e., providing a continuous unbroken connection for transmitting signal from switch 13 to the switch 5, Fig. 14 and col. 13 lines 10-20). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified Khan’s network to implement a direct I/O link between the input node and the destination node, wherein the direct I/O link provides a dedicated and substantially continuous I/O link between the input node and the destination node without routing through a network switch, as taught by Binkert, in order to optimize the performance of the network.
Regarding claim 20, Khan teaches the method of claim 19.
Khan does not explicitly teach wherein the machine learning model is further in communication with an allocator.
Jeuk teaches he machine learning model is further in communication with an allocator (i.e., page 7 paragraph [0051]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the system of Khan to include machine learning model in communication with an allocator, as taught by Jeuk. One would be motivated to do so to optimize recommendations specific to the network topology (i.e., page 2 paragraph [0020]).
Response to Arguments
9. Applicant’s arguments with respect to claim(s) 1-9, 11-16 and 19-23 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.
Conclusion
10. 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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/OANH DUONG/Primary Examiner, Art Unit 2441