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 .
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 (i.e., changing from AIA to pre-AIA ) 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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.
Claims 1-2, 13-14, 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sharma et al (US 2024/0422107 A1) in view of Mariappan et al (US 2022/0278927 A1).
Regarding claim 1, Sharma et al (US 2024/0422107 A1) discloses a method (see, creating and managing one or more virtual networks usable for communication between virtual endpoints/virtual networks constructed on top of the physical networks, 0036, section 0117) comprising: by a computer device (see, fig. 2, computing device 200 coupled to a physical network switch fabric that extend the switch fabric from physical switches to software or virtual routers, section 0117) configured with an operating system that implements an Internet Protocol (IP) stack (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123) for communicating with an external network (fig. 1, public network 15 coupled to service provider network 7, IP Fabric 20), creating a virtual network (see, creating virtual networks and configured network virtualization endpoints, section 0126-0127, 0138) to include: virtual network devices respectively hosted in containers (see, containers within the virtual network domains, virtual networks that are created, section 0126-0127, see, pods/containers created, 0138) such that each virtual network device respectively includes an application (see, pods/created network interfaces/virtual network, namespaces associated with the virtual interfaces, section 0065), a container IP stack (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123), and domain sockets (section 0117-0118, 0126-virtual networks, see, sockets used by the virtual router, section 0165, fig. 3, Sockets 215A, 215B coupled to DPKD Pod 202A, DPDK 20B /containers 229A, 229B, section 0147-0151); and a switch fabric (fig. 1, switch fabric 14 connected to the data center/nodes, section 0030-0032, 0038) to communicate with the domain sockets (see, fig. 2, computing device 200 coupled to a physical network switch fabric that extend the switch fabric from physical switches to software or virtual routers, section 0030, 0117, fig. 3, see, containers 229A, containers 229 on top of the sockets 215A and socket 215B, see, virtual network interface that may represent a Linus/Unix deice, section 0072, 0115); and by the virtual network devices (see, virtual networks can be implemented using implicitly the switching fabric 14,section 0038), exchanging application data (see, router sending packets, packet processing, section 0123) with each other (section 0130-0132-packet communication from virtual source endpoint to destination endpoint) through the switch fabric (see, router sending packets, packet processing, section 0123) using read and write operations (see, running containerized applications, obtains and executes the containers, section 0064-0065, noted: deployment of computing instances and/or applications on virtual machines, section 0053-0055, 0060, 0073) to and from the domain sockets (fig. 3, see, containers 229A, containers 229 on top of the sockets 215A and socket 215B, see, virtual network interface that may represent a Linus/Unix deice, section 0072, 0115 of the virtual network devices (see, encapsulating /decapsulating of packets sourced by/destined to any containers of the pods, the containers are coupled to sockets 215A, 215B, section 0127, 0129-0131).
Sharma ‘107 discloses all the claim limitations but fails to explicitly disclose: exchanging application data with each other through the switch fabric, without involving the IP stack of the operating system.
Mariappan et al (US 2022/0278927 A1) from a similar field of endeavor discloses: exchanging application data with each other through the switch fabric (fig. 1, switch fabric 14 coupled to the TOR switches 16 and chassis switches for connectivity including routing traffic flows, section 0030-0031), without involving the IP stack of the operating system (see, packets sourced by or destined to the containers are exchanged between the containers and virtual outer, including bypassing the kernel, section 0009, noted: the Kernel is part of the operating system, the operating system is part of the TCP/IP stack, section 0088, 0142).
In view of the above, 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 the claimed invention pertains to implement the bypassing of the kernel that is part of the TCP/IP stack operating system as taught by Mariappan ‘927 into the method and apparatus for recreating virtual networks and deployment of virtual outer deployment of Sharma ‘107. The motivation would have been to provide high packet throughput forwarding (section 0011).
Regarding claim 2, Sharma ‘107 discloses the method of claim 1, wherein the operating system implements the IP stack such that the IP stack is distinct from each container IP stack (see, kernel-based deployments of the virtual router, the TCP/IP stack receives packet from any of the desired operating interfaces, the VMs/interfaces as containers, section 0123).
Regarding claim 5, Shamar ‘107 as modified by Mariappan ‘927 discloses the method of claim 1, wherein the operating system includes a Linux operating system and the domain sockets include Unix domain sockets (fig. 3, see, containers 229A, containers 229 on top of the sockets 215A and socket 215B, see, virtual network interface that may represent a Linus/Unix deice, section 0072, 0115, Mariappan, see, domain sockets, Unix domain socket, section 0073-0074).
Regarding claim 12, Shamar ‘107 as modified by Mariappan ‘927 discloses the method of claim 1, wherein the operating system includes a Linux operating system and the domain sockets include Unix domain sockets (fig. 3, see, containers 229A, containers 229 on top of the sockets 215A and socket 215B, see, virtual network interface that may represent a Linus/Unix deice, section 0072, 0115, noted: each of the virtual network interfaces may be a Unix domain socket, section 0122, Mariappan, see, domain sockets, Unix domain socket, section 0073-0074 ).
Regarding claim 13, Sharma ‘107 discloses an apparatus (fig. 1 to fig. 3, computing device/computing infrastructure 8 that comprises virtual networks /POD 202, 207B on containers 229A, 229B, creating and managing one or more virtual networks usable for communication between virtual endpoints/virtual networks constructed on top of the physical networks, 0036, section 0117) comprising: a network input/output interface to communicate with a network (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123); and a processor coupled to the network input/output interface (fig. 3, network interface card 230 coupled to processor 210) and configured to execute an operating system that implements an Internet Protocol (IP) stack for communicating with the network (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123), wherein the processor is configured to create a virtual network (see, creating virtual networks and configured network virtualization endpoints, section 0126-0127, 0138) to include: virtual network devices respectively hosted in containers (see, containers within the virtual network domains, virtual networks that are created, section 0126-0127, see, pods/containers creates, 0138) such that each virtual network device respectively includes an application (see, pods/created network interfaces/virtual network, namespaces associated with the namespaces, section 0065), a container IP stack (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123), and domain sockets (section 0117-0118, 0126-virtual networks, see, sockets used by the virtual router, section 0165, fig. 3, Sockets 215A, 215B coupled to DPKD Pod 202A, DPDK 20B /containers 229A, 229B, section 0147-0151); and a switch fabric (fig. 1, switch fabric 14 connected to the data center/nodes, section 0030-0032, 0038) to communicate with the domain sockets (see, fig. 2, computing device 200 coupled to a physical network switch fabric that extend the switch fabric from physical switches to software or virtual routers, section 0030, 0117); and by the virtual network devices (see, virtual networks can be implemented using implicitly the switching fabric 14, section 0038), exchanging application data with each other (section 0130-0132-packet communication from virtual source endpoint to destination endpoint)through the switch fabric (see, router sending packets, packet processing, section 0123) using read and write operations (see, running containerized applications, obtains and executes the containers, section 0064-0065) to and from the domain sockets of the virtual network devices (see, encapsulating /decapsulating of packets sourced by/destined to any containers of the pods, the containers are coupled to sockets 215A, 215B, section 0127, 0129-0131).
Sharma ‘107 discloses all the claim limitations but fails to explicitly disclose: exchanging application data with each other through the switch fabric, without involving the IP stack of the operating system.
Mariappan et al (US 2022/0278927 A1) from a similar field of endeavor discloses: exchanging application data with each other through the switch fabric (fig. 1, switch fabric 14 coupled to the TOR switches 16 and chassis switches for connectivity including routing traffic flows, section 0030-0031), without involving the IP stack of the operating system (see, packets sourced by or destined to the containers are exchanged between the containers and virtual outer, including bypassing the kernel, section 0009, noted: the Kernel is part of the operating system, the operating system is part of the TCP/IP stack, section 0088, 0142).
In view of the above, 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 the claimed invention pertains to implement the bypassing of the kernel that is part of the TCP/IP stack operating system as taught by Mariappan ‘927 into the method and apparatus for recreating virtual networks and deployment of virtual outer deployment of Sharma ‘107. The motivation would have been to provide high packet throughput forwarding (section 0011).
Regarding claim 14, Sharma ‘107 as modified by Mariappan ‘927 discloses the apparatus of claim 13, wherein the operating system is configured to implement the IP stack such that the IP stack is distinct from each container IP stack (fig. 3, see, containers 229A, containers 229 on top of the sockets 215A and socket 215B, see, virtual network interface that may represent a Linus/Unix deice, section 0072, 0115, noted: each of the virtual network interfaces may be a Unix domain socket, section 0122, Mariappan, see, domain sockets, Unix domain socket, section 0073-0074).
Regarding claim 18, Sharma et al (US 2024/0422107 A1) discloses a non-transitory computer readable medium encoded with instructions that (fig. 3, computing device which includes processor 210 coupled to storage disk 246/main memory 244, the processor executing instructions storage in the storage media/main memory 244, section 0110-0112), when executed by a processor of a computer device (fig. 3, computing device which includes processor 210 coupled to storage disk 246, the processor executing instructions storage in the storage media, section 0110-0112) configured with an operating system that implements an Internet Protocol (IP) stack for communicating (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123) with an external network (fig. 1, public network 15 coupled to service provider network 7, IP Fabric 20), cause the processor (fig. 3, computing device which includes processor 210 coupled to storage disk 246, the processor executing instructions storage in the storage media, section 0110-0112) to perform: creating a virtual network (see, creating virtual networks and configured network virtualization endpoints, section 0126-0127, 0138) to include: virtual network devices respectively hosted in containers (see, containers within the virtual network domains, virtual networks that are created, section 0126-0127, see, pods/containers created, 0138) such that each virtual network device respectively includes an application (see, pods/created network interfaces/virtual network, namespaces associated with the virtual network interfaces, section 0065, noted: deployment of computing instances and/or applications on virtual machines, section 0053-0055, 0060, 0073), a container IP stack (fig. 2, virtual routers is installed as kernel module inside the operating system, the virtual router registers itself with the TCP/IP stack to receive packets from any desired operating system interfaces, section 0121, 0123), and domain sockets (section 0117-0118, 0126-virtual networks, see, sockets used by the virtual router, section 0165, fig. 3, Sockets 215A, 215B coupled to DPKD Pod 202A, DPDK 20B /containers 229A, 229B, section 0147-0151); and a switch fabric (fig. 1, switch fabric 14 connected to the data center/nodes, section 0030-0032, 0038) to communicate with the domain sockets (see, fig. 2, computing device 200 coupled to a physical network switch fabric that extend the switch fabric from physical switches to software or virtual routers, section 0030, 0117); and by the virtual network devices (see, virtual networks can be implemented using implicitly the switching fabric 14,section 0038), exchanging application data with each other through the switch fabric (see, router sending packets, packet processing, section 0123) using read and write operations (see, running containerized applications, obtains and executes the containers, section 0064-0065, noted: read/write from /to the NIC memory, section 0114) to and from the domain sockets of the virtual network devices (see, encapsulating /decapsulating of packets sourced by/destined to any containers of the pods, the containers are coupled to sockets 215A, 215B, section 0127, 0129-0131).
Sharma ‘107 discloses all the claim limitations but fails to explicitly disclose: exchanging application data with each other through the switch fabric, without involving the IP stack of the operating system.
Mariappan et al (US 2022/0278927 A1) from a similar field of endeavor discloses: exchanging application data with each other through the switch fabric (fig. 1, switch fabric 14 coupled to the TOR switches 16 and chassis switches for connectivity including routing traffic flows, section 0030-0031),, without involving the IP stack of the operating system (see, packets sourced by or destined to the containers are exchanged between the containers and virtual outer, including bypassing the kernel, section 0009, noted: the Kernel is part of the operating system, the operating system is part of the TCP/IP stack, section 0088, 0142).
In view of the above, 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 the claimed invention pertains to implement the bypassing of the kernel that is part of the TCP/IP stack operating system as taught by Mariappan ‘927 into the method and apparatus for recreating virtual networks and deployment of virtual outer deployment of Sharma ‘107. The motivation would have been to provide high packet throughput forwarding (section 0011).
Allowable Subject Matter
Claims 3-4 , 6-10 15-17, 19-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior arts either singularly or in combination fail reasonably anticipate or render obvious “wherein creating further includes: creating a container file system in a namespace of each container; and creating, in the namespace of the container file system, the domain sockets to include: a write domain socket to which processes in each container are able to write first data and from which the switch fabric is able to read the first data; and a read domain socket to which the switch fabric is able to write second data and from which the processes are able to read the second data” recited in claims 3, 15, 19.
The closest prior arts either singularly or in combination fail reasonably anticipate or render obvious “wherein creating includes creating the virtual network devices to include: a first virtual network device hosted in a first container and that includes a first application, a first container IP stack, and first domain sockets; and a second virtual network device hosted in a second container and that includes a second application, a second container IP stack, and second domain sockets, wherein exchanging includes, by the first virtual network device and the second virtual network device, exchanging the application data with each other through the switch fabric using the read and write operations to and from the first domain sockets and the second domain sockets, without involving the IP stack of the operating system” recited in claim 6, 17.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miriyala et al (US 2024/0223454 A1) discloses creating of virtual network interfaces to connect pods to virtual router 21 and enables containers of pods to communicated via the virtual network interfaces, allocating namespaces to the pods (section 0069, 0088, 0092, 0096).
Brar et al (US 2024/0031282 A1) discloses creating of and enables virtualized environment on host machines/virtual machine computer instances executed by the host machine (section 0091-0096, 0125, fig. 4, host machine 402 executes a hypervisor 404 that provides virtualized environment), section 0283, 0309-03120.
Brar ‘282 further discloses respective containers 2267 that are contained in the virtual machines (VMs) (section 0313-0320).
Henkel et al (US 2025/0062957 A1) discloses creating of new pod virtual networks (section 0065-0285).
Conclusion
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/CANDAL ELPENORD/Primary Examiner, Art Unit 2473
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