DETAILED ACTION
This communication is in response to applicant's response filed under 37 C.F.R. §1.111, dated March 16, 2026 in response to a non-final office action. Claims 1, 2, 11, and 17 have been amended. Claim 16 has been cancelled. Claims 1-15 and 17-18 are subject to examination and have been examined.
Acknowledgement is made to the following amendments made by the Applicant:
Applicant's amendment to or cancellation of claims 16 and 17 to obviate the previous objection to the claims. The previous objection to the said claims is hereby withdrawn.
Response to Arguments
Applicant's arguments with respect to the claims have been considered but are moot in view of the new grounds of rejection.
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.
Claims 1-15 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.
Regarding claim 1, the claim recites the limitation, “wherein at least one data sketch embedded in a load balancer and/or probe of the array is configured …” (Emphases added). It is unclear if this “at least one data sketch embedded in a load balancer and/or probe” is intended to be different from the data sketch and load balancer/prober recited earlier in the claim. For purposes of examination, the Examiner has interpreted the limitation to read, ““wherein the at least one data sketch embedded in the load balancer and/or probe of the array is configured …” (Emphases added).
Regarding claims 2-15, claims 2-15 each depend on independent claim 1 and therefore, inherit the 35 U.S.C. 112(b) issues of the independent claims.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 1-8 and 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Ali et.al. (US Patent Application Publication, 20130272127, hereinafter, “Ali”) in view of Zhou (US Patent Application Publication, 20170364382, hereinafter, “Zhou”).
Regarding claim 1, Ali teaches:
A communications network, comprising (Ali: [0027] FIG. 1 illustrates a block diagram of a network monitoring environment according to some embodiments ... Fig. 1):
a plurality of network elements that support communications propagated by the network ((Ali: [0027] ... Particularly, telecommunications network 100 includes network nodes 102 and endpoints 101 ... [0029] Many packets traverse links 104 and nodes 102, as data is exchanged between endpoints 101. These packets may represent many different sessions and protocols … Fig. 1);
an array of load balancers and probes that receive streams of protocol data units (PDUs) and process the PDUs to monitor operations of the network (Ali: [0036] … FIG. 2 illustrates hierarchical network monitoring system 103 according to some embodiments. As shown, one or more front-end monitoring devices or probes 205 (i.e., a first tier of a three-tiered architecture) may be coupled to network 100. Each of front-end devices 205 may also be coupled to one or more network analyzer devices 210 (i.e., a second tier), which in turn may be coupled to intelligence engine 215 (i.e., a third tier) … [0055] Generally speaking, associating each PDU with a specific session allows for splitting of a large LTE traffic volume down to manageable segments without requiring upper layer monitoring devices (e.g., devices 210) to re-construct sessions in real-time. Front-end probe 205 may serve as a session-aware load-balancer distributing complete sessions to independent monitoring systems, where sessions can be mapped to individual mobile subscribers [The Examiner interprets that front-end devices 205 and analyzer devices 210, coupled together to teach load balancers and probes for user plane (UP) PDUs] ... Figs. 1, 2);
at least one data sketch embedded in a load balancer and/or a probe of the array that is operable to process data comprised in a stream of PDUs received by the load balancer and/or probe as the PDUs stream through load balancer and/or probe (Ali: [0037] Generally speaking, front-end devices 205 may passively tap into network 100 and monitor all or substantially of its data. For example, such one or more of front-end devices 205 may be coupled to one or more links 104 of network 100 shown in FIG. 1. Meanwhile, analyzer devices 210 may receive and analyze a subset of the traffic that is of interest, as defined by one or more rules ... Fig. 2) to generate a stream of values for key performance indicators (KPIs) of the network (Ali: [0039] Front-end devices 205 may also be configured to aggregate data to enable backhauling, to generate netflows and basic KPI calculations [i.e., data sketch], time stamping of data, port stamping of data, filtering out unwanted data, protocol classification, and deep packet inspection (DPI) analysis … [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs [i.e., data sketch], and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode) … Fig. 2); and
a back end that receives and processes the received stream of KPI values to generate analytic data relevant to operations of the network (Ali: [0037] ... Intelligence engine 215 may include a plurality of distributed components configured to perform further analysis and presentation of data to users. For example, intelligence engine may include Key Performance Indicator (KPI) correlation and aggregation module 220; analytics store 225; Operation, Administration, and Maintenance (OAM) module 230; and presentation layer 23 ... [0041] Intelligence engine 215 may follow a distributed and scalable architecture. In some embodiments, module 220 may receive KPI and may correlate information from front-end and analyzer devices 205 and 210, respectively. OAM module 230 may be used to configure and/or control front-end device 205 and analyzer devices 210 ... Presentation layer 235 may be configured to present KPI and other relevant information to the end-users … Fig. 2).
Although Ali teaches front-end devices and analyzer devices, coupled together, to teach load balancers and probes for user plane (UP) PDUs, with functions to aggregate data to enable backhauling, and to generate netflows and basic KPI calculations [i.e., data sketch], Ali does not explicitly teach:
wherein at least one data sketch embedded in a load balancer and/or probe of the array is configured so that the at least one data sketch is hot replaceable or modifiable without affecting other operations of the load balancer or probe in which the at least one data sketch is embedded.
However, in the same field of endeavor, Zhou teaches:
wherein at least one data sketch embedded in a load balancer and/or probe of the array is configured so that the at least one data sketch is hot replaceable or modifiable without affecting other operations of the load balancer or probe in which the at least one data sketch is embedded (Zhou: [0023] To hot upgrade a virtual machine management service module, it may need to ensure the following aspects during the upgrade: 1. a service request from the external, such as libvirt (libvirt is an open source tool for managing platform virtualization), cannot be lost; 2. a request from the internal (such as internal shutdown and restart) cannot be lost; and 3. an upper layer control system is unaware of the upgrade … [0084] Further, the service request handling thread may be managed by the handling thread. When a hot upgrade signal is received, the service request handling thread will be notified to exit, and an exit type will be determined after the service request handling thread exits. When the exit type is a hot upgrade type, a new service request handling thread is started, to handle service requests in the message stack and re-register all live monitoring events of the virtual machine on a physical server after the new request handling thread is started. So that the virtual machine management service module may be hot upgraded without losing any message.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali to include the features as taught by Zhou above in order to not lose any message. (Zhou, ¶ [0084]).
Regarding claim 2, Ali-Zhou discloses on the features with respect to claim 1 as outlined above.
Ali further teaches:
wherein the load balancer and/or probe processes the streaming PDUs to make the data contained in the PDUs available for processing by the at least one data sketch (Ali: [0039] Front-end devices 205 may also be configured to aggregate data to enable backhauling, to generate netflows and basic KPI calculations [i.e., data sketch], time stamping of data, port stamping of data, filtering out unwanted data, protocol classification, and deep packet inspection (DPI) analysis … [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs [i.e., data sketch], and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode) … Fig. 2).
Regarding claim 3, Ali-Zhou discloses on the features with respect to claim 2 as outlined above.
Ali further teaches:
wherein the at least one data sketch comprises a first data sketch embedded in a load balancer of the array sketch (Ali: [0039] Front-end devices 205 may also be configured to aggregate data to enable backhauling, to generate netflows and basic KPI calculations [i.e., data sketch], time stamping of data, port stamping of data, filtering out unwanted data, protocol classification, and deep packet inspection (DPI) analysis … [0055] Generally speaking, associating each PDU with a specific session allows for splitting of a large LTE traffic volume down to manageable segments without requiring upper layer monitoring devices (e.g., devices 210) to re-construct sessions in real-time. Front-end probe 205 may serve as a session-aware load-balancer distributing complete sessions to independent monitoring systems, where sessions can be mapped to individual mobile subscribers … Fig. 2).
Regarding claim 4, Ali-Zhou discloses on the features with respect to claim 3 as outlined above.
Ali further teaches:
wherein the load balancer in which the first data sketch is embedded processes the received PDUs to make data comprised in the PDUs from a selection of OSI (Open System Interconnection) model layers available to the first data sketch embedded in the load balancer (Ali: [0032] Monitoring system 103 may include one or more processors running one or more software applications that collect, correlate and/or analyze media and signaling data packets from network 100. Monitoring system 103 may incorporate protocol analyzer, session analyzer, and/or traffic analyzer functionality that provides OSI (Open Systems Interconnection) Layer 2 to Layer 7 troubleshooting by characterizing IP traffic by links, nodes, applications and servers on network 100 … Figs. 1, 2).
Regarding claim 5, Ali-Zhou discloses on the features with respect to claim 4 as outlined above.
Ali further teaches:
wherein the selection of OSI layers comprises at least one or any combination of more than two of layers two to five (Ali: [0032] Monitoring system 103 may include one or more processors running one or more software applications that collect, correlate and/or analyze media and signaling data packets from network 100. Monitoring system 103 may incorporate protocol analyzer, session analyzer, and/or traffic analyzer functionality that provides OSI (Open Systems Interconnection) Layer 2 to Layer 7 troubleshooting by characterizing IP traffic by links, nodes, applications and servers on network 100 … Figs. 1, 2).
Regarding claim 6, Ali-Zhou discloses on the features with respect to claim 2 as outlined above.
Ali further teaches:
wherein the at least one data sketch comprises a second data sketch of the at least one data sketch embedded in a probe of the array (Ali: [0039] Front-end devices 205 may also be configured to aggregate data to enable backhauling, to generate netflows and basic KPI calculations [i.e., data sketch], time stamping of data, port stamping of data, filtering out unwanted data, protocol classification, and deep packet inspection (DPI) analysis … [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs [i.e., a second data sketch], and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode) … Fig. 2).
Regarding claim 7, Ali-Zhou discloses on the features with respect to claim 6 as outlined above.
Ali further teaches:
wherein the probe in which the second data sketch is embedded processes the received PDUs to make data comprised in the PDUs from a selection of OSI layers available to the second data sketch embedded in the probe (Ali: [0032] Monitoring system 103 may include one or more processors running one or more software applications that collect, correlate and/or analyze media and signaling data packets from network 100. Monitoring system 103 may incorporate protocol analyzer, session analyzer, and/or traffic analyzer functionality that provides OSI (Open Systems Interconnection) Layer 2 to Layer 7 troubleshooting by characterizing IP traffic by links, nodes, applications and servers on network 100 … [0036] … FIG. 2 illustrates hierarchical network monitoring system 103 according to some embodiments. As shown, one or more front-end monitoring devices or probes 205 (i.e., a first tier of a three-tiered architecture) may be coupled to network 100. Each of front-end devices 205 may also be coupled to one or more network analyzer devices 210 (i.e., a second tier), which in turn may be coupled to intelligence engine 215 (i.e., a third tier) … [0055] Generally speaking, associating each PDU with a specific session allows for splitting of a large LTE traffic volume down to manageable segments without requiring upper layer monitoring devices (e.g., devices 210) to re-construct sessions in real-time. Front-end probe 205 may serve as a session-aware load-balancer distributing complete sessions to independent monitoring systems, where sessions can be mapped to individual mobile subscribers [The Examiner interprets that front-end devices 205 and analyzer devices 210, coupled together to teach load balancers and probes for user plane (UP) PDUs] ... Figs. 1, 2).
Regarding claim 8, Ali-Zhou discloses on the features with respect to claim 7 as outlined above.
Ali further teaches:
wherein the selection of OSI layers comprises layer six and/or layer seven (Ali: [0032] Monitoring system 103 may include one or more processors running one or more software applications that collect, correlate and/or analyze media and signaling data packets from network 100. Monitoring system 103 may incorporate protocol analyzer, session analyzer, and/or traffic analyzer functionality that provides OSI (Open Systems Interconnection) Layer 2 to Layer 7 troubleshooting by characterizing IP traffic by links, nodes, applications and servers on network 100 … Figs. 1, 2).
Regarding claim 17, Ali teaches:
A method for real-time monitoring a communications network having an array of load balancers and probes for processing streams of (Protocol data Units) PDUs that propagate through the network, the method comprising (Ali: [0027] FIG. 1 illustrates a block diagram of a network monitoring environment according to some embodiments. Particularly, telecommunications network 100 includes network nodes 102 and endpoints 101 ... [0029] Many packets traverse links 104 and nodes 102, as data is exchanged between endpoints 101. These packets may represent many different sessions and protocols ... Fig. 1):
embedding a plurality of data sketches in the load balancers and/or probes of the array that are operable to process data in the PDUs in real-time as the PDUs stream through the load balancers and/or probes to generate streams of values for key performance indicators (KPIs) of the network (Ali: [0036] … FIG. 2 illustrates hierarchical network monitoring system 103 according to some embodiments. As shown, one or more front-end monitoring devices or probes 205 (i.e., a first tier of a three-tiered architecture) may be coupled to network 100. Each of front-end devices 205 may also be coupled to one or more network analyzer devices 210 (i.e., a second tier), which in turn may be coupled to intelligence engine 215 (i.e., a third tier) … [0055] Generally speaking, associating each PDU with a specific session allows for splitting of a large LTE traffic volume down to manageable segments without requiring upper layer monitoring devices (e.g., devices 210) to re-construct sessions in real-time. Front-end probe 205 may serve as a session-aware load-balancer distributing complete sessions to independent monitoring systems, where sessions can be mapped to individual mobile subscribers [The Examiner interprets that front-end devices 205 and analyzer devices 210, coupled together to teach load balancers and probes for user plane (UP) PDUs] ... [0037] Generally speaking, front-end devices 205 may passively tap into network 100 and monitor all or substantially of its data. For example, such one or more of front-end devices 205 may be coupled to one or more links 104 of network 100 shown in FIG. 1. Meanwhile, analyzer devices 210 may receive and analyze a subset of the traffic that is of interest, as defined by one or more rules … [0039] Front-end devices 205 may also be configured to aggregate data to enable backhauling, to generate netflows and basic KPI calculations [i.e., data sketch], time stamping of data, port stamping of data, filtering out unwanted data, protocol classification, and deep packet inspection (DPI) analysis … [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs, and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode)… Figs. 1, 2); and
using the values of the KPIs to monitor the network in real-time (Ali: [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs, and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode) ... Fig. 2).
Although Ali teaches front-end devices and analyzer devices, coupled together, to teach load balancers and probes for user plane (UP) PDUs, with functions to aggregate data to enable backhauling, and to generate netflows and basic KPI calculations [i.e., data sketch], Ali does not explicitly teach:
configuring the data sketches of the plurality of data sketches so that they are hot replaceable or modifiable without affecting other operations of the load balancer or probe in which the data sketches are respectively embedded.
However, in the same field of endeavor, Zhou teaches:
configuring the data sketches of the plurality of data sketches so that they are hot replaceable or modifiable without affecting other operations of the load balancer or probe in which the data sketches are respectively embedded (Zhou: [0023] To hot upgrade a virtual machine management service module, it may need to ensure the following aspects during the upgrade: 1. a service request from the external, such as libvirt (libvirt is an open source tool for managing platform virtualization), cannot be lost; 2. a request from the internal (such as internal shutdown and restart) cannot be lost; and 3. an upper layer control system is unaware of the upgrade … [0084] Further, the service request handling thread may be managed by the handling thread. When a hot upgrade signal is received, the service request handling thread will be notified to exit, and an exit type will be determined after the service request handling thread exits. When the exit type is a hot upgrade type, a new service request handling thread is started, to handle service requests in the message stack and re-register all live monitoring events of the virtual machine on a physical server after the new request handling thread is started. So that the virtual machine management service module may be hot upgraded without losing any message.).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali to include the features as taught by Zhou above in order to not lose any message. (Zhou, ¶ [0084]).
Regarding claim 18, Ali-Zhou discloses on the features with respect to claim 17 as outlined above.
Ali further teaches:
using the values of the KPIs to control the network in real-time (Ali: [0040] Analyzer devices 210 may be configured to passively monitor a subset of the traffic that has been forwarded to it by the front-end device(s) 205. Analyzer devices 210 may also be configured to perform stateful analysis of data, extraction of key parameters for call correlation and generation of call data records (CDRs), application specific processing, computation of application specific KPIs, and communication with intelligence engine 215 for retrieval of KPIs (e.g., in real-time and/or historical mode). In addition, analyzer devices 210 may be configured to notify front-end device(s) 205 regarding its CPU and/or memory utilization so that front-end device(s) 205 can utilize this information to intelligently distribute traffic. Fig. 2).
Claim 9 rejected under 35 U.S.C. 103 as being unpatentable over Ali-Zhou in view of Trivedi (US Patent Application Publication, 20230054272, hereinafter, “Trivedi”).
Regarding claim 9, Ali-Zhou discloses on the features with respect to claim 1 as outlined above.
Ali-Zhou does not explicitly teach:
wherein the at least one data sketch comprises a switch operable to interrupt processing of the data by the at least one data sketch to enable the at least one data sketch to be hot replaced or configured in real-time without interfering with non-sketch operations of the load balancer and/or probe in which the at least one sketch is embedded.
However, in the same field of endeavor, Trivedi teaches:
wherein the at least one data sketch comprises a switch operable to interrupt processing of the data by the at least one data sketch to enable the at least one data sketch to be hot replaced or configured in real-time without interfering with non-sketch operations of the load balancer and/or probe in which the at least one sketch is embedded (Trivedi: [0037] ... In some embodiments, network management platform 101 is configured to identify and apply appropriate network functions in real-time as-needed to optimize communication network performance while minimizing power consumption, in accordance with identified traffic patterns, rules and/or KPI's … [0062] In step 211, a second instruction is caused to be sent to the network device to deactivate the first network function and to activate the second network function based on the identified second traffic pattern ... Figs. 1, 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali-Zhou to include the features as taught by Trivedi above in order to optimize communication network performance. (Trivedi, ¶ [0037]).
Claims 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Ali-Zhou in view of Xing et.al. (Chinese Patent Application Publication, CN113543160A, hereinafter, “Xing”).
Regarding claim 10, Ali-Zhou discloses on the features with respect to claim 1 as outlined above.
Ali-Zhou does not explicitly teach:
wherein the at least one data sketch comprises a plurality of data sketches.
However, in the same field of endeavor, Xing teaches:
wherein the at least one data sketch comprises a plurality of data sketches (Xing: [n0063] … Specifically, the real-time multidimensional key performance indicator (MKI) data and the current user-side operational experience quality are input into the trained slice resource configuration model; the slice resource configuration update result is output through the slice resource configuration model; based on the slice resource configuration result, the network slice management function entity issues a slice resource configuration update action [implies multiple configuration updates (i.e., data sketches)] to the network slice to be detected to update the resource configuration; the network slice management function entity obtains the real-time MKI data and slice SLA requirements of the network slice to be detected after the resource configuration update …).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali-Zhou to include the features as taught by Xing above in order to achieve a good balance between slice service cost and performance. (Xing, ¶ [n0072]).
Regarding claim 11, Ali-Zhou-Xing discloses on the features with respect to claim 10 as outlined above.
Ali further teaches:
wherein the backend processes values in the received KPIs from different data sketches of the plurality of data sketches to merge the values to generate the analytics data (Ali: [0041] Intelligence engine 215 may follow a distributed and scalable architecture. In some embodiments, module 220 may receive KPI and may correlate information from front-end and analyzer devices 205 and 210, respectively. OAM module 230 may be used to configure and/or control front-end device 205 and analyzer devices 210 ... Presentation layer 235 may be configured to present KPI and other relevant information to the end-users … Fig. 2).
Regarding claim 12, Ali-Zhou discloses on the features with respect to claim 1 as outlined above.
Ali-Zhou does not explicitly teach:
wherein the backend processes values from different KPIs to generate a normative operating profile of an entity of the network as a function of time.
However, in the same field of endeavor, Xing teaches:
wherein the backend processes values from different KPIs to generate a normative operating profile of an entity of the network as a function of time (Xing: [n0071] Step 7: The reward function uses matrix factorization to map the multi-dimensional KPIs of the slice, the user-side runtime QoE, and the slice SLA requirements into the latent vector space. Then, it performs a dot product on the two to score whether the multi-dimensional KPIs and user-side runtime QoE of the slice at that moment meet the slice SLA requirements. The reward at that moment is then obtained and output to the slice resource allocation model.
Then return to step 1, and repeat this process until the slice resource configuration model converges.
In the slice resource configuration model, each loop follows the same steps as the training loop described above. The executor takes as input real-time multidimensional KPI data of the slice obtained from NSMF and user-side runtime QoE obtained from NWDAF, and outputs subslice resource configuration adjustment actions. The evaluator takes as input the current slice real-time multidimensional KPI, user-side runtime QoE, and corresponding sub-slice resource configuration update actions from the executor, outputs the Q(s, a) value that evaluates the action selection, and feeds it back to the executor. This allows the executor to gradually learn to select slice resource configuration update actions that can simultaneously meet the application-side SLA requirements and maximize slice resource efficiency based on the Q value ...
This allows the slice manager to continuously adjust the slice resource configuration throughout the slice lifecycle … [The Examiner interprets that after each adjustment of the slice resource configuration (i.e., sketches), the resulting KPI becomes the new “normative” profile, which is to be evaluated with the next result of the next configuration update/adjustment.]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali-Zhou to include the features as taught by Xing above in order to achieve a good balance between slice service cost and performance. (Xing, ¶ [n0072]).
Regarding claim 13, Ali-Zhou-Xing discloses on the features with respect to claim 12 as outlined above.
Xing further teaches:
wherein the backend processes a current operating profile of the entity and the normative operating profile to detect an anomaly in operations of the entity time (Xing: [n0071] Step 7: The reward function uses matrix factorization to map the multi-dimensional KPIs of the slice, the user-side runtime QoE, and the slice SLA requirements into the latent vector space. Then, it performs a dot product on the two to score whether the multi-dimensional KPIs and user-side runtime QoE of the slice at that moment meet the slice SLA requirements [i.e., whether there is an anomaly]. The reward at that moment is then obtained and output to the slice resource allocation model …).
The rationale and motivation for adding this teaching of Xing is the same as the rationale and motivation for Claim 12.
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Ali-Zhou-Xing in view of Broustis et.al. (US Patent Application Publication, 20220353706, hereinafter, “Broustis”).
Regarding claim 14, Ali-Zhou-Xing discloses on the features with respect to claim 13 as outlined above.
Ali-Zhou-Xing does not explicitly teach:
wherein the backend generates an alert responsive to detecting the anomaly to notify a user of the network of the anomaly.
However, in the same field of endeavor, Broustis teaches:
wherein the backend generates an alert responsive to detecting the anomaly to notify a user of the network of the anomaly (Broustis: [0037] If the reconfiguration was successful, the audit manager 102 invokes a performance monitor 246 (a micro-service) to start monitoring the performance data of the reconfigured network equipment (block 222) for anomalies, via KPIs collected from the KPI store 234. For example, monitoring can be performed for a configurable time, such as on the order of a couple hours. To evaluate an anomaly such as degraded performance, reduced throughput, or a site outage, the performance monitor 246 evaluates the current, after reconfiguration performance data versus the historical performance data for the site, (e.g., maintained in the KPI store 234 for approximately a month), and creates an alert if an anomaly/reduced performance is detected. Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali-Zhou-Xing to include the features as taught by Broustis above in order to automate the analysis and correction of misconfigured network element parameters. (Broustis, ¶ [0015]).
Regarding claim 15, Ali-Zhou-Xing discloses on the features with respect to claim 13 as outlined above.
Ali-Zhou-Xing does not explicitly teach:
wherein the backend initiates a palliative activity to ameliorate the anomaly responsive to identifying the anomaly.
However, in the same field of endeavor, Broustis teaches:
wherein the backend initiates a palliative activity to ameliorate the anomaly responsive to identifying the anomaly (Broustis: [0038] Depending on whether the alert is deemed severe, the audit manager 102 can rollback (revert) the configuration. To this end, the audit manager 102 maintains the prior parameter values, and can perform similar update operations to roll back the parameter values for the modified network element(s) to their prior values ... Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Ali-Zhou-Xing to include the features as taught by Broustis above in order to automate the analysis and correction of misconfigured network element parameters. (Broustis, ¶ [0015]).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LIEM H NGUYEN whose telephone number is (408) 918-7636. The examiner can normally be reached on Monday-Friday, 8:00AM-4:30PM PT.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Noel Beharry can be reached on (571) 270-5630. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LIEM H. NGUYEN/Primary Examiner, Art Unit 2416
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