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 responsive to the reply filed 09 February 2026.
Claims 1-20 are pending and have been presented for examination.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 13 and 20 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.
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 for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1, 3, 4, 6, 7, 9, 11, 13, 15, 17, 19 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUENTE (WO 2022/058049) in view of GHOSH (U.S. Patent Application Publication #2024/0345816).
1. PUENTE discloses A network node, comprising: a processor (see page 19: processing circuitry 1002); at least one network interface controller configured to provide access to a network (see page 19: network interface circuitry 1101); and a memory communicatively coupled to the processor, wherein the memory comprises a load balancer including energy-aware load-balancing logic (see page 19: modules stored in memory 1003, modules provide instructions that are executed by the processing circuitry) that is configured to: receive a service request from a client device (see page 16: consumer NF sends a discovery request to the NRF), the service request including a sustainability flag (see page 16: request includes an indication to minimize energy consumption); identify sustainability data associated with a plurality of computing resources (see page 13: computing resources usage information report) distributed across a plurality of availability zones (see page 17: discover network entities, NF, each NF would be an availability zone), each availability zone comprising one or more application instances (see page 13: receiving the number of processes executed, the processes would be application instances); select one or more computing resources in the plurality of computing resources based on the sustainability flag and the identified sustainability data (see page 16: NRF selects a NF based on energy efficiency), wherein the selected one or more application instances are hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference, and wherein the selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see GHOSH below); and direct the service request to be served by the selected one or more computing resources (see page 16: NRF sends a discovery response).
GHOSH discloses the following limitations that are not taught by PUENTE: wherein the selected one or more application instances are hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference (see [0045]: request from sender is received, load balancer detects whether the sender is subscribed for sustainable routing; [0047]-[0048]: is subscribed, the request is routed to a data center powered by a sustainable power source; [0028]: sustainable power sources include renewable energy sources), and wherein the selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see [0045]-[0046]: when the sender is not subscribed to sustainable routing, the request is routed using non-sustainable routing; [0028]: non-sustainable data centers utilize non-sustainable power sources like fossil fuel). A sender can be identified as being subscribed to sustainable routing using a database, or another identifier such as an IP address, MAC address, login name, etc. (see [0040]). These identifiers would be the sustainability flag. The ability to subscribe to sustainable routing is useful to meet legal obligations or to advertise the use of green energy to gain good will (see [0041]). PUENTE already discloses an identifier in a user request to select the network entity based on energy usage. A combination of PUENTE and GHOSH would result in the identifier also selecting a network entity based on renewable energy.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to select a computing resource based on a clean-energy preference, as disclosed by GHOSH. One of ordinary skill in the art would have been motivated to make such a modification to meet legal obligations, or just gain good will, as taught by GHOSH. PUENTE and GHOSH are analogous/in the same field of endeavor as both references are directed to routing user requests based on energy considerations.
3. The network node of claim 1, wherein the load balancing with sustainability logic is further configured to receive one or more updates for the sustainability data associated with the plurality of computing resources (see page 16: update request including the energy efficiency).
4. The network node of claim 1, wherein the load balancing with sustainability logic is further configured to: generate a configuration for the client device, the configuration associating the client device with the selected one or more computing resources; and transmit the configuration to the client device (see page 17: NRF sends to the consumer NF a discovery response, consumer NF selects the target NF based on the energy information).
6. The network node of claim 4, wherein the load balancing with sustainability logic is further configured to: receive at least one subsequent service request from the client device, the at least one subsequent service request being associated with the configuration (see page 15, NF sends a get energy consumption message); and direct the at least one subsequent service request to be served by the selected one or more computing resources based on the configuration (see page 15: request is directed to the OSS using the NF-ID).
7. The network node of claim 1, wherein each of the plurality of computing resources corresponds to at least one of an availability zone (AZ), a point of presence (POP), or a network device (see page 9: first, second and third network entity).
9. The network node of claim 1, wherein the sustainability flag indicates a presence or an absence of a sustainability preference of the client device (see page 16: inclusion of an indication to minimize energy consumption would be the sustainability preference).
11. The network node of claim 1, wherein the sustainability flag indicates a degree of a sustainability preference of the client device (see page 16: inclusion of an indication to minimize energy consumption would be the degree of sustainability; minimize vs not minimize).
13. PUENTE discloses A client device, comprising: a processor (see page 19: processing circuitry 1002); at least one network interface controller configured to provide access to a network (see page 19: network interface circuitry 1101); and a memory communicatively coupled to the processor (see page 19: modules stored in memory 1003, modules provide instructions that are executed by the processing circuitry), wherein the memory comprises a load balancer including sustainability logic that is configured to: transmit a service request to a network node (see page 16: consumer NF sends a discovery request to the NRF), the service request including a sustainability flag (see page 16: request includes an indication to minimize energy consumption); identify sustainability data associated with a plurality of computing resources (see page 13: computing resources usage information report) distributed across a plurality of availability zones (see page 17: discover network entities, NF, each NF would be an availability zone); receive at least one service response from one or more computing resources in a plurality of computing resources based on the service request including the sustainability flag (see page 16: NRF selects a NF based on energy efficiency; page 16: NRF sends a discovery response); and select a computing resource hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference, and wherein a selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see GHOSH below).
GHOSH discloses the following limitations that are not taught by PUENTE: wherein the selected one or more application instances are hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference (see [0045]: request from sender is received, load balancer detects whether the sender is subscribed for sustainable routing; [0047]-[0048]: is subscribed, the request is routed to a data center powered by a sustainable power source; [0028]: sustainable power sources include renewable energy sources), and wherein the selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see [0045]-[0046]: when the sender is not subscribed to sustainable routing, the request is routed using non-sustainable routing; [0028]: non-sustainable data centers utilize non-sustainable power sources like fossil fuel). A sender can be identified as being subscribed to sustainable routing using a database, or another identifier such as an IP address, MAC address, login name, etc. (see [0040]). These identifiers would be the sustainability flag. The ability to subscribe to sustainable routing is useful to meet legal obligations or to advertise the use of green energy to gain good will (see [0041]). PUENTE already discloses an identifier in a user request to select the network entity based on energy usage. A combination of PUENTE and GHOSH would result in the identifier also selecting a network entity based on renewable energy.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to select a computing resource based on a clean-energy preference, as disclosed by GHOSH. One of ordinary skill in the art would have been motivated to make such a modification to meet legal obligations, or just gain good will, as taught by GHOSH. PUENTE and GHOSH are analogous/in the same field of endeavor as both references are directed to routing user requests based on energy considerations.
15. The client device of claim 13, wherein the sustainability logic is further configured to receive a configuration from the network node, the configuration associating the client device with the one or more computing resources (see page 17: NRF sends to the consumer NF a discovery response, consumer NF selects the target NF based on the energy information).
17. The client device of claim 15, wherein the sustainability logic is further configured to: transmit at least one subsequent service request to the network node, the at least one subsequent service request being associated with the configuration (see page 15, NF sends a get energy consumption message); and receive at least one subsequent service response from the one or more computing resources based on the configuration (see page 15: request is directed to the OSS using the NF-ID).
19. The client device of claim 13, wherein the sustainability flag indicates at least one of a presence, an absence, or a degree of a sustainability preference of the client device (see page 16: inclusion of an indication to minimize energy consumption would be the degree of sustainability; minimize vs not minimize).
20. PUENTE discloses A method for load balancing with sustainability, comprising: receiving a service request from a client device (see page 16: consumer NF sends a discovery request to the NRF), the service request including a sustainability flag (see page 16: request includes an indication to minimize energy consumption); identifying sustainability data associated with a plurality of computing resources (see page 13: computing resources usage information report) distributed across a plurality of availability zones (see page 17: discover network entities, NF, each NF would be an availability zone), each availability zone comprising one or more application instances (see page 13: receiving the number of processes executed, the processes would be application instances); selecting one or more computing resources in the plurality of computing resources based on the sustainability flag and the identified sustainability data (see page 16: NRF selects a NF based on energy efficiency) wherein the selected one or more application instances are hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference, and wherein the selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see GHOSH below); and directing the service request to be served by the selected one or more computing resources (see page 16: NRF sends a discovery response).
GHOSH discloses the following limitations that are not taught by PUENTE: wherein the selected one or more application instances are hosted in an availability zone powered by a renewable energy source when the sustainability flag indicates a clean-energy preference (see [0045]: request from sender is received, load balancer detects whether the sender is subscribed for sustainable routing; [0047]-[0048]: is subscribed, the request is routed to a data center powered by a sustainable power source; [0028]: sustainable power sources include renewable energy sources), and wherein the selected one or more application instances are hosted in an availability zone powered by a non- renewable energy source when the sustainability flag does not indicate the clean-energy preference (see [0045]-[0046]: when the sender is not subscribed to sustainable routing, the request is routed using non-sustainable routing; [0028]: non-sustainable data centers utilize non-sustainable power sources like fossil fuel). A sender can be identified as being subscribed to sustainable routing using a database, or another identifier such as an IP address, MAC address, login name, etc. (see [0040]). These identifiers would be the sustainability flag. The ability to subscribe to sustainable routing is useful to meet legal obligations or to advertise the use of green energy to gain good will (see [0041]). PUENTE already discloses an identifier in a user request to select the network entity based on energy usage. A combination of PUENTE and GHOSH would result in the identifier also selecting a network entity based on renewable energy.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to select a computing resource based on a clean-energy preference, as disclosed by GHOSH. One of ordinary skill in the art would have been motivated to make such a modification to meet legal obligations, or just gain good will, as taught by GHOSH. PUENTE and GHOSH are analogous/in the same field of endeavor as both references are directed to routing user requests based on energy considerations.
Claim(s) 2 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUENTE (WO 2022/058049) and GHOSH (U.S. Patent Application Publication #2024/0345816) as applied to claims 1, 3, 4, 6, 7, 9, 11, 13, 15, 17, 19 and 20 above, and further in view of GANTT (U.S. Patent #12,119,987).
2. The network node of claim 1 (see PUENTE above), wherein the sustainability flag is included in a message header of the service request (see GANTT below).
GANTT discloses the following limitations that are not disclosed by PUENTE: wherein the sustainability flag is included in a message header of the service request (see column 15, line 64 through column 16, line 10). It is well-known in the art to send requests over a network using a message, wherein the message includes parameters associated with the request. The section of the message with the parameters is considered a header. “When there is a design need for market pressure to solve a problem and there are a finite number if identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp." KSR, 82 USPQ2d at 1397.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to include the flag in a message header, as disclosed by GANTT. One of ordinary skill in the art would have been motivated to make such a modification as the use of messages with parameters for network requests are well-known inn the art and one solution of a limited number of solutions to try. REF and REF are analogous/in the same field of endeavor as both references are directed to configuring network devices.
14. The client device of claim 13 (see PUENTE above), wherein the sustainability flag is included in a message header of the service request (see GANTT below).
GANTT discloses the following limitations that are not disclosed by PUENTE: wherein the sustainability flag is included in a message header of the service request (see column 15, line 64 through column 16, line 10). It is well-known in the art to send requests over a network using a message, wherein the message includes parameters associated with the request. The section of the message with the parameters is considered a header. “When there is a design need for market pressure to solve a problem and there are a finite number if identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp." KSR, 82 USPQ2d at 1397.
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to include the flag in a message header, as disclosed by GANTT. One of ordinary skill in the art would have been motivated to make such a modification as the use of messages with parameters for network requests are well-known inn the art and one solution of a limited number of solutions to try. REF and REF are analogous/in the same field of endeavor as both references are directed to configuring network devices.
Claim(s) 5 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUENTE (WO 2022/058049) and GHOSH (U.S. Patent Application Publication #2024/0345816) as applied to claims 1, 3, 4, 6, 7, 9, 11, 13, 15, 17, 19 and 20 above, and further in view of HOLFELDER (U.S. Patent #8,578,036).
5. The network node of claim 4 (see PUENTE above), wherein the configuration is associated with a cookie (see HOLFELDER below).
HOLFELDER discloses the following limitations that are not disclosed by PUENTE: wherein the configuration is associated with a cookie (see column 3, line 52 through column 4, line 33: cookies store state information for a client, including configuration information used when accessing a network service). The cookie retains configuration information for a user, this allows the user to resume access to a network service using the same configuration information (see column 3, line 52 through column 4, line 33).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to associate the configuration information with a cookie, as disclosed by HOLFELDER. One of ordinary skill in the art would have been motivated to make such a modification to retain user configurations when accessing a network service in the future, as taught by HOLFELDER. PUENTE and HOLFELDER are analogous/in the same field of endeavor as both references are directed to network requests and configurations.
16. The client device of claim 15 (see PUENTE above), wherein the configuration is associated with a cookie (see HOLFELDER below).
HOLFELDER discloses the following limitations that are not disclosed by PUENTE: wherein the configuration is associated with a cookie (see column 3, line 52 through column 4, line 33: cookies store state information for a client, including configuration information used when accessing a network service). The cookie retains configuration information for a user, this allows the user to resume access to a network service using the same configuration information (see column 3, line 52 through column 4, line 33).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to associate the configuration information with a cookie, as disclosed by HOLFELDER. One of ordinary skill in the art would have been motivated to make such a modification to retain user configurations when accessing a network service in the future, as taught by HOLFELDER. PUENTE and HOLFELDER are analogous/in the same field of endeavor as both references are directed to network requests and configurations.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUENTE (WO 2022/058049) and GHOSH (U.S. Patent Application Publication #2024/0345816) as applied to claims 1, 3, 4, 6, 7, 9, 11, 13, 15, 17, 19 and 20 above, and further in view of SREENIVASAN (U.S. Patent Application Publication #2024/0155026).
8. The network node of claim 1 (see PUENTE above), wherein the sustainability data includes at least one environmental impact metric for each of the plurality of computing resources (see SREENIVASAN below).
SREENIVASAN discloses the following limitations that are not disclosed by PUENTE: wherein the sustainability data includes at least one environmental impact metric for each of the plurality of computing resources (see [0007]-[0009]: the amount of electricity used is related to an environmental impact factor). PUENTE already discloses a client sending an indication to minimize energy usage. This would also be considered an environmental impact metric, as SREENIVASAN discloses the amount of electricity generated is associated with an environmental impact factor for carbon intensity. Including an environmental impact factor allows for solving the problem of lower carbon footprints (see [0012]).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to include an environmental impact metric, as disclosed by SREENIVASAN. One of ordinary skill in the art would have been motivated to make such a modification to solve the problem of reducing carbon footprints, as taught by SREENIVASAN. PUENTE and SREENIVASAN are analogous/in the same field of endeavor as both references are directed to considering the energy usage based on a user request.
Claim(s) 10, 12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over PUENTE (WO 2022/058049) and GHOSH (U.S. Patent Application Publication #2024/0345816) as applied to claims 1, 3, 4, 6, 7, 9, 11, 13, 15, 17, 19 and 20 above, and further in view of LEE (U.S. Patent Application Publication #2014/0052506).
10. The network node of claim 9 (see PUENTE above), wherein the one or more computing resources are selected based on at least one environmental impact metric for the selected one or more computing resources being less than a first threshold in response to the sustainability flag indicating the presence of the sustainability preference of the client device (see LEE below).
LEE discloses the following limitations that are not disclosed by PUENTE: wherein the one or more computing resources are selected based on at least one environmental impact metric for the selected one or more computing resources being less than a first threshold in response to the sustainability flag indicating the presence of the sustainability preference of the client device (see [0017]: green point scale). The user can choose an energy efficiency level range. The use of threshold allows for a balance between energy efficiency and performance. This flexibility enables a higher opportunity for energy savings (see [0027]).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to utilize a threshold with respect to the sustainability flag, as disclosed by LEE. One of ordinary skill in the art would have been motivated to make such a modification to enable flexibility and provide a higher opportunity for energy savings, as taught by LEE. PUENTE and LEE are analogous/in the same field of endeavor as both references are directed to energy usage by a user.
12. The network node of claim 11 (see PUENTE above), wherein the one or more computing resources are selected based on at least one environmental impact metric for the selected one or more computing resources being less than a first threshold in response to the degree of the sustainability preference of the client device as indicated by the sustainability flag being greater than a second threshold (see LEE below).
LEE discloses the following limitations that are not disclosed by PUENTE above: wherein the one or more computing resources are selected based on at least one environmental impact metric for the selected one or more computing resources being less than a first threshold in response to the degree of the sustainability preference of the client device as indicated by the sustainability flag being greater than a second threshold (see [0017]: green point scale). The user can choose an energy efficiency level range. The use of threshold allows for a balance between energy efficiency and performance. This flexibility enables a higher opportunity for energy savings (see [0027]).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to utilize a threshold with respect to the sustainability flag, as disclosed by LEE. One of ordinary skill in the art would have been motivated to make such a modification to enable flexibility and provide a higher opportunity for energy savings, as taught by LEE. PUENTE and LEE are analogous/in the same field of endeavor as both references are directed to energy usage by a user.
18. The client device of claim 15 (see PUENTE above), wherein the sustainability logic is further configured to delete the configuration at the client device in response to a service quality associated with the one or more computing resources being less than a threshold (see LEE below).
LEE discloses the following limitations that are not disclosed by PUENTE: wherein the sustainability logic is further configured to delete the configuration at the client device in response to a service quality associated with the one or more computing resources being less than a threshold (see [0030]: as the user changes performance level, the resources allocated to the user will change). When a user requires a higher performance, the system can re-allocate resources to meet that performance goal. This re-allocation changes the original configuration. Since the original configuration no longer exists, the original configuration can be considered as deleted, and replaced with an updated configuration to meet the user’s performance goals. Deleting prior configurations that don’t meet the users goals, and shifting to an updated configuration allows the user flexibility in using the provided services to meet energy savings (see [0027]).
It would have been obvious, before the effective filing date of the claimed invention, to a person having ordinary skill in the art to which said subject matter pertains to modify PUENTE to delete configurations that don’t meet service quality, as disclosed by LEE. One of ordinary skill in the art would have been motivated to make such a modification to re-allocate resources to meet the user goal and allow a higher opportunity for energy savings, as taught by LEE. PUENTE and LEE are analogous/in the same field of endeavor as both references are directed to energy usage by a user.
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 EDWARD J DUDEK JR whose telephone number is (571)270-1030. The examiner can normally be reached Monday - Friday, 8:00A-4:00P.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Hosain T Alam can be reached at 571-272-3978. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EDWARD J DUDEK JR/Primary Examiner, Art Unit 2132
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