DETAILED ACTION
Claims 1-20 are pending in this application.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Oath/Declaration
The applicant’s oath/declaration has been reviewed by the examiner and is found to conform to the requirements prescribed in 37 C.F.R. 1.63.
Priority
This application has a provisional application 63/381,015 filed on 10/26/2022; a provisional application 63/381,014 filed on 10/26/2022; and a provisional application 63/381,012 filed on 10/26/2022.
Drawings
The applicant’s drawings submitted are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the applicant’s submissions of the Information Disclosure Statements dated 06/06/2023 and 10/23/2024 are acknowledged by the examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P 609 C(2), a copy of the PTOL-1449 initialed.
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 1-10 and 15-20 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 pre-AIA the applicant regards as the invention.
Claim 1 line 14 recites “generate a plurality of communication flows for communication through the programmable communication network from a source to a destination” is unclear what are consider as source and destination. For examining purpose, examiner will interpreting as from a source node to a destination node.
Claim 1 line 17 recites “program the plurality of programmable communication devices in the data plane based on the plurality of communication flows” is unclear how the program operation is carried out on the plurality of programmable communication devices based on the plurality of communication flows. Since dependent claims 2-10 depend on the independent claim 1, they are rejected for the same reason as described hereinabove.
Claim 15 line 11 recites “monitor device oversubscription of a network device” is vague and indefinite what are consider of oversubscription. In the claim language does not discloses any subscription. Since dependent claims 16-20 depend on the independent claim 15, they are rejected for the same reason as described hereinabove.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mutnuru et al. (US 2022/0217052 A1).
Regarding claim 1, Mutnuru teaches a system for path planning in a programmable communication network, comprising:
a configurable communication device in a data plane of the programmable communication network (server 116 administer and manage computing network 102 see Mutnuru: Fig.1; ¶[0056]); and
a network controller in a control plane, in communication with a plurality of programmable communication devices that includes the configurable communication device (configuration server 130 can be configured to receive an output comprising information relating to one or several devices within a computing network see Mutnuru: Fig.1; ¶[0067]), wherein the network controller is configured to:
receive a configuration file including information regarding a plurality of data consuming/producing devices (receiving, by the configuration server 130, a YAML file (corresponding to configuration file) comprising information relating to plurality network devices see Mutnuru: ¶[0067-0068]; ¶[0479-0480]);
configure the data plane in accordance with the configuration file to facilitate communications among the plurality of data consuming/producing devices using the plurality of programmable communication devices (configurations sever 130 configuring the plurality devices within a computer network based on a configuration file, where configuration file is generated based on the YAML file see Mutnuru: ¶[0067-0068]; Fig.5);
generate a plurality of communication flows for communication through the programmable communication network from a source to a destination (generating traffic flows by communicate and exchange data with each other “These thousands of applications may be executed by hundreds (or even more) of servers and the applications and servers need to communicate and exchange data with each other in the provision of the cloud services” see Mutnuru: ¶[0038-0039]; Fig.1); and
program the plurality of programmable communication devices in the data plane based on the plurality of communication flows (routing and handing of traffic between applications and client subscribed of the cloud services “A typical cloud network for a cloud services provider comprises multiple routers and switches that are responsible for routing and handling of traffic between applications executed by servers within the infrastructure of the cloud services provider. The servers may be spread across one of more data centers” see Mutnuru: ¶[0038-0039]; Fig.1).
Regarding claim 2, Mutnuru taught the system of claim 1 as described hereinabove. Mutnuru further teaches wherein configuration file comprises an IEC61850 file conforms to a Substation Configuration Language (SCL) format (YAML file ad other modeling language see Mutnuru: ¶[0084]).
Regarding claim 3, Mutnuru taught the system of claim 2 as described hereinabove. Mutnuru further teaches wherein the configuration file comprises a host configuration file of a host on the network (host file see Mutnuru: ¶[0097-0098]).
Regarding claim 4, Mutnuru taught the system of claim 1 as described hereinabove. Mutnuru further teaches wherein the configuration file conforms to a JavaScript Object Notation (JSON) format (JSON file see Mutnuru: ¶[0462]).
Regarding claim 5, Mutnuru taught the system of claim 1 as described hereinabove. Mutnuru further teaches wherein the configurable communication device is configured to: receive configuration information including at least a portion of the plurality of communication flows from the network controller (receiving, by the configuration server 130, a YAML file (corresponding to configuration file) comprising information relating to plurality network devices see Mutnuru: ¶[0067-0068]; ¶[0479-0480]); and facilitate communications in accordance with the received at least a portion of the plurality of communication flows (routing and handing of traffic between applications and client subscribed of the cloud services “A typical cloud network for a cloud services provider comprises multiple routers and switches that are responsible for routing and handling of traffic between applications executed by servers within the infrastructure of the cloud services provider. The servers may be spread across one of more data centers” see Mutnuru: ¶[0038-0039]; Fig.1).
Regarding claim 6, Mutnuru taught the system of claim 1 as described hereinabove. Mutnuru further teaches wherein the network controller is configured to determine locations of the plurality of data consuming/producing devices from the configuration file (configuration file include location base setting see Mutnuru: ¶[0458-0459]).
Regarding claim 7, Mutnuru taught the system of claim 6 as described hereinabove. Mutnuru further teaches wherein the network controller is configured to map Internet Protocol (IP) addresses in the configuration file to known hosts of the plurality of data consuming/producing devices (IP address in the device table “The device table can further include: device DNS names, identification of peer devices, a list of interfaces for each device, location of the device in the computing network 102, network parameters for the device, the IP addresses for the device, and device settings” see Mutnuru: ¶[0063]; Fig.17).
Regarding claim 8, Mutnuru taught the system of claim 7 as described hereinabove. Mutnuru further teaches wherein the network controller is configured to use MAC addresses and VLAN IDs from the configuration file to match traffic to and from the data consuming/producing devices (use vendor information and VLAN ID “The dictionary can, in some embodiments, contain: metadata, data identifying a vender/device/role for each device, interface attributes, chassis attributes, flow settings protocol settings, VRF settings, and/or VLAN settings for all of the devices represented in the received data and/or for which a configuration file is being automatically generated” see Mutnuru: ¶[0480]; ¶[0502]).
Regarding claim 9, Mutnuru taught the system of claim 8 as described hereinabove. Mutnuru further teaches wherein the network controller is configured to determine publishers and subscribers for the plurality of communication flows to generate a list of publishers and subscribers (subscriber based cloud services see Mutnuru: ¶[0536-0537]; ¶[0547]).
Regarding claim 10, Mutnuru taught the system of claim 9 as described hereinabove. Mutnuru further teaches wherein programming the plurality of programmable communication devices comprises provisioning the plurality of data consuming/producing devices on the list of publishers and subscribers (Cloud infrastructure system 1402 may also collect usage statistics regarding a customer's use of subscribed services see Mutnuru: ¶[0547]).
Regarding claim 11, Mutnuru teaches non-transitory, computer-readable medium having stored thereon instructions, that when executed by a processor, are configured to cause the processor to:
receive a configuration file containing information about a plurality of data producing/consuming devices coupled to a controller (receiving, by the configuration server 130, a YAML file (corresponding to configuration file) comprising information relating to plurality network devices see Mutnuru: ¶[0067-0068]; ¶[0479-0480]);
determine locations of the plurality of data producing/consuming devices from the configuration file (location of the device in the computing network “The device table can further include: device DNS names, identification of peer devices, a list of interfaces for each device, location of the device in the computing network 102, network parameters for the device, the IP addresses for the device, and device settings” see Mutnuru: ¶[0063]; Fig.17); and
configure communication devices using the determined locations and the configuration file (creates link for the communication device based on location information “identify devices within the computing network 102, the location of the devices within the computing network 102, links between the devices within the computing network 102 and this automation process creates the symbolic link to given configuration file by encoding its location information in the configuration file name” see Mutnuru: ¶[0070]; ¶[0433]).
Regarding claim 12, Mutnuru taught the non-transitory, computer-readable medium of claim 11 as described hereinabove. Mutnuru further teaches wherein the communication devices comprise network switches (fabric switches 108 and 112 see Mutnuru: Fig.1; ¶[0054]).
Regarding claim 13, Mutnuru taught the non-transitory, computer-readable medium of claim 11 as described hereinabove. Mutnuru further teaches wherein the configuration file comprises an IEC61850 file (YAML file ad other modeling language see Mutnuru: ¶[0084]).
Regarding claim 14, claim 14 is rejected for the same reason as the system of claim 4 as set forth hereinabove.
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mutnuru et al. (US 2022/0217052 A1) in view of Morrill et al. (US 2017/0339217 A1).
Regarding claim 15, Mutnuru teaches a system for monitoring health in a programmable communication network, comprising:
a configurable communication device in a data plane of the programmable communication network (server 116 administer and manage computing network 102 see Mutnuru: Fig.1; ¶[0056]); and
a network controller in a control plane, in communication with a plurality of network devices that includes the configurable communication device (configuration server 130 can be configured to receive an output comprising information relating to one or several devices within a computing network see Mutnuru: Fig.1; ¶[0067]), wherein the network controller is configured to:
receive a configuration file (receiving, by the configuration server 130, a YAML file (corresponding to configuration file) comprising information relating to plurality network devices see Mutnuru: ¶[0067-0068]; ¶[0479-0480]);
configure at least a portion of the plurality of network devices using the configuration file (configurations sever 130 configuring the plurality devices within a computer network based on a configuration file, where configuration file is generated based on the YAML file see Mutnuru: ¶[0067-0068]; Fig.5).
Mutnuru does not explicitly teaches monitor device oversubscription of a network device of the plurality of network devices; and determine health of the programmable communication network based at least in part on the monitored device oversubscription.
However, Morrill teaches the monitor device oversubscription of a network device of the plurality of network devices; and determine health of the programmable communication network based at least in part on the monitored device oversubscription (tracking path or element oversubscription rate and managing network performance “provisioning may include a variety of functions, including (i) tracking path or element oversubscription rates and utilization prior to allowing network provisioning to occur, (ii) managing network performance tracking by creating reports for newly created entities, (iii) dedicating or calculating failover, (iv) load balancing for re-routing of real-time or non-real-time content communications” see Morrill ¶[0269]) in order to provide load balancing over the wireless communication (Morill: ¶[0285]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to create the invention of Mutnuru to include (or to use, etc.) the monitor device oversubscription of a network device of the plurality of network devices; and determine health of the programmable communication network based at least in part on the monitored device oversubscription as taught by Morrill in order to provide load balancing over the wireless communication (Morill: ¶[0285]).
Regarding claim 16, claim 16 is rejected for the same reason as claim 2 as described hereinabove.
Regarding claim 17, claim 17 is rejected for the same reason as claim 4 as described hereinabove.
Regarding claim 18, the modified Mutnuru taught the system of claim 15 as described hereinabove. Mutnuru further teaches wherein monitoring device oversubscription of the network device comprises: determining that the network device is oversubscribed; and reporting the determination of oversubscription (usage statistics regarding relate to customer subscribed service; system up/down time and subscriber based cloud services “cloud infrastructure system 1402 may also collect usage statistics regarding a customer's use of subscribed services” see Mutnuru: ¶[0547]).
Regarding claim 19, the modified Mutnuru taught the system of claim 15 as described hereinabove. Morrill further teaches the wherein monitoring device oversubscription of the network device comprises: determining that the network device is oversubscribed; and changing routing in the programmable communication network based at least in part on the determination of oversubscription (tracking path or element oversubscription rate and rerouting the content communications “provisioning may include a variety of functions, including (i) tracking path or element oversubscription rates and utilization prior to allowing network provisioning to occur, (ii) managing network performance tracking by creating reports for newly created entities, (iii) dedicating or calculating failover, (iv) load balancing for re-routing of real-time or non-real-time content communications” see Morrill ¶[0269]) in order to provide load balancing over the wireless communication (Morill: ¶[0285]).
Regarding claim 20, the modified Mutnuru taught the system of claim 15 as described hereinabove. Morill further teaches the wherein the network controller is configured to determine whether any changes have occurred from a baseline condition, and determining the health is based at least in part on whether any changes have occurred from the baseline condition (tracking path or element oversubscription rate and managing network performance “provisioning may include a variety of functions, including (i) tracking path or element oversubscription rates and utilization prior to allowing network provisioning to occur, (ii) managing network performance tracking by creating reports for newly created entities, (iii) dedicating or calculating failover, (iv) load balancing for re-routing of real-time or non-real-time content communications” see Morrill ¶[0269]) in order to provide load balancing over the wireless communication (Morill: ¶[0285]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GUANG W LI whose telephone number is (571)270-1897. The examiner can normally be reached on Monday - Thursday 7AM-5PMET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joseph Avellino can be reached on (571) 272-3905. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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GUANG W. LI
Primary Examiner
Art Unit 2478
November 18, 2025
/GUANG W LI/Primary Examiner, Art Unit 2478