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 .
Request of Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 03/03/2026 has been entered.
Status of Claims
Claims 1-20 have been examined in this Non-Final Office Action. Claims 1, 19, and 20 have been amended. Claims 1-20 are pending.
Priority
Application 18/478,435 was filed 09/29/2023.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 1-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Claims 1-20 are directed to a system, method, or product which are/is one of the statutory categories of invention. (Step 1: YES).
Claims 1, 19 and 20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to an abstract idea without significantly more. The claim recites a method and computing device for determining carbon emission data from devices of an information technology infrastructure. For Claims 1, 19 and 20 the limitations of (Claim 1 being representative):
[…]:
receive data from a plurality of data sources, […];
verify, […], the authenticity of the received data based on at least one […] signature generated by a corresponding one of the plurality of data sources […] of the corresponding one of the plurality of data sources;
generate derivative data based at least in part on the received data;
generate carbon emission-related presentable data for a user based on the received data and/or the derivative data; and
transmit the carbon emission-related presentable data to […] be presented to the user,
The above limitations are reciting a process by which carbon emission-related data is being generated. This is considered to be a commercial practice that is done for numerous reasons in business, and/ or is considered to be reciting a mental process that can be practically performed. Alternately, the steps of receiving data, verifying the authenticity of the data, generating derivative based on received data, generating carbon emission-related data, and transmitting the data merely recited rule based data interactions towards performing the abstract idea. Therefore, the presented limitations represent “commercial or legal interaction” and/or “managing personal behavior or relationships or interactions between people”, and therefore the claims recite an abstract idea under “certain method of organizing human activity”.
Also, receiving data, verifying the authenticity of the data, and generating additional data, absent the recitation of devices of an IT infrastructure, cryptographic signature, and hardware-based private key, can be done by a person mentally. The mental process category for abstract idea includes making evaluations or judgements or observations or opinions. The claimed invention is verifying the authenticity of received data and generating additional data off of that data, and is fully capable of being performed by a person mentally. The claims are additionally taken to be a mental process that can be performed by a person who is analyzing data to determine verification. The types of identified abstract idea are considered together as a single abstract idea for analysis purposes. Accordingly, Claims 1, 19 and 20 recite an abstract idea. (Step 2A- Prong 1: YES. The claims recite an abstract idea).
This judicial exception is not integrated into a practical application. Claims 1, 19, and 20 recites the additional elements of a network device (Claims 1 and 19), environmental sustainability logic (Claims 1, 19, and 20), cryptographic signature (Claims 1, 19, and 20), hardware-based private key (Claims 1, 19, and 20), a processor (Claims 1, and 19), network interface controller (Claims 1, and 19), a network (Claims 1, and 19), a memory (Claim 1, and 19), devices of an information technology (IT) infrastructure (Claim 1 and 20), a user device (Claim 19), that implements the identified abstract idea. These additional elements are not described by the applicant and are recited at a high-level of generality (i.e., one or more generic computers performing a generic computer functions) such that it amounts no more than mere instructions to apply the exception using a generic computer components. Accordingly, even in combination these additional elements do not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. Claims 1, 19, and 20 are directed to an abstract idea. (Step 2A-Prong 2: NO: the additional claimed elements are not integrated into a practical application).
The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception. As discussed above with respect to integration of the abstract idea into a practical application, the additional elements of a network device (Claims 1 and 19), environmental sustainability logic (Claims 1, 19, and 20), cryptographic signature (Claims 1, 19, and 20), hardware-based private key (Claims 1, 19, and 20), a processor (Claims 1, and 19), network interface controller (Claims 1, and 19), a network (Claims 1, and 19), a memory (Claim 1, and 19), devices of an information technology (IT) infrastructure (Claim 1 and 20), a user device (Claim 19), to perform the noted steps amounts to no more than mere instructions to apply the exception using a generic computer component. Mere instructions to apply an exception using a generic computer component cannot provide an inventive concept (“significantly more”). Accordingly, even in combination, these additional elements do not provide significantly more. As such claims 1, 19, and 20 are not patent eligible. (Step 2B: NO. The claims do not provide significantly more).
Dependent Claims 2-19 are similarly rejected because they either further define/narrow the abstract idea of independent claims 1, 19 and 20 as discussed above. Claim(s) 4 merely describe(s) discarding data in response to failing to verify the authenticity of the data. Claim(s) 6 merely describe(s) storing data. Claim(s) 8 merely describe(s) what is included in the datastore. Claim(s) 9 merely describe(s) the first data. Claim(s) 10 merely describe(s) the received data. Claim(s) 11 merely describe(s) the derivative data including aggregated data. Claim(s) 12 merely describe(s) what the aggregated data is associated with. Claim(s) 13 merely describe(s) the derivative data including statistics with the aggregated data. Claim(s) 14 merely describe(s) the aggregated data being anonymized. Claim(s) 16 merely describe(s) to identify the user. Claim(s) 18 merely describe(s) the carbon emission-related presentable data including disaggregated data based on the identity of the user. Therefore claims 4, 6, 8-14, 16, and 18 are considered patent ineligible for the reasons given above.
Dependent Claim(s) 2-3, 5, 7, 15, and 17 recite limitations that further define the abstract idea noted in independent claims 1, 19, and 20. In addition, it recites the additional elements of a public key, cryptographic signature, datastore, and public key infrastructure. The public key, cryptographic signature, datastore, and public key infrastructure, are recited at a high level of generality such that it amounts to no more than mere instructions to apply the exception using a generic computing component. Even in combination, these additional elements do not integrate the abstract idea into a practical application and do not amount to significantly more than the abstract idea itself. Alternatively or in addition, the implementation of using cryptography (public keys, digital signatures, and public key infrastructures) merely confines the use of the abstract idea to a particular technological environment or field of use (cryptography). MPEP 2106.04(d)(l) and MPEP 2106.05(A) indicate that merely “generally linking” the abstract idea to a particular technological environment or field of use cannot provide a practical application or significantly more. Therefore, dependent claims 2-18 are considered patent ineligible for the reasons given above.
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.
Claim(s) 1, 2, 9, 10, 11, 12, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Katiyar (US 20240362064 A1), in view of Volkmann (US 20140114867 A1), and in further view of Campagna (US 10333903 B1).
Regarding Claim 1,
Katiyar discloses, A network device, comprising: (Katiyar Par. 0027)
a processor; (Katiyar Par. 0130).
at least one network interface controller configured to provide access to a network; and (Katiyar Par. 0124).
a memory communicatively coupled to the processor, wherein the memory comprises environmental sustainability logic that is configured to: (Katiyar Par. 0121, 0141)
receive data from a plurality of data sources, the plurality of data sources including one or more devices of an information technology (IT) infrastructure; " receiving data center asset data for a plurality of data center assets, the data center asset data comprising data associated with servicing a particular workload during a particular interval of time by a particular data center asset" (Katiyar Par. 0003)
generate derivative data based at least in part on the received data; " In various embodiments, the determining 602 phase may involve determining the amount of electrical power consumed by certain data center asset components, such as processors and memory. In certain embodiments, the determining 602 phase may involve calculating the additional amount of electrical power consumed by each workload as a result of its proportional share of data center infrastructure overhead." (Katiyar Par. 0121).
generate carbon emission-related presentable data for a user based on the received data and/or the derivative data; and "In various embodiments, the second phase of generating a carbon footprint estimate for each workload serviced by a distributed cloud service environment may include deriving 604 the effective carbon emission factor for the electrical power consumed at each associated data center. In various embodiments, the derivation 604 phase may involve determining the generation source(s) of electrical power provided to each data center within certain intervals of time. In various embodiments, the derivation 604 phase may involve determining a carbon emission factor for each electrical power generation source. In various embodiments, the derivation 604 phase may involve calculating the effective carbon emission factor of the electrical power proportionally consumed by each data center's infrastructure when servicing a particular workload" (Katiyar Par. 0122).
Katiyar discloses receiving data from a plurality of data sources including one or more devices of IT infrastructure, generating derivate data, and generating carbon emission-related presentable data. Katiyar fails to disclose verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data, and transmitting the carbon emission-related presentable data to another device to be presented to the user. Volkmann, however, does disclose the following,
transmit the carbon emission-related presentable data to another device to be presented to the user. "The carbon calculator 310 may process the energy use information provided by the utility providers 140 to generate a carbon footprint of the users 120A-N. The energy use may be displayed to the users 120A-N in a way that aids the users 120A-N in reducing their carbon footprint. The service provider 110 may provide information to the users 120A-N in a way that is sensitive to the particular circumstance of each user. FIGS. 7 and 8 include information that may be displayed to users 120A-N to aid the users in affecting changes, such as to their equipment and behaviors, to help reduce their carbon footprint. The information may be presented to the users 120A-N in a way that helps them prioritize changes based on a relative impact to their carbon footprint (e.g., FIG. 8)" (Volkmann Par. 0030).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar with transmitting the data to another device to be presented to a user of Volkmann to aid users in reducing their carbon footprint (Volkmann Par. 0030).
The combination of Katiyar and Volkmann disclose determining and transmitting carbon footprint data, but fail to teach verifying he authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources. Campagna discloses network security and generating a cryptographic key and providing a digital certificate with the cryptographic key, a hardware identifier, and attribute information to an authorization host as part of the provisioning process. Campagna, teaches,
verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources “In some embodiments, the secure hardware component 214 is a component that may be used to securely store a private, device-specific master key 216 that is only readable by trusted firmware or hardware within the secure hardware component 214. The secure hardware component 214 may include a dedicated cryptographic processor and dedicated memory within a tamper resistant physical package that may be used to store secrets. In addition, a secure hardware component 214 may make available a digitally signed certificate attesting to the authenticity of the device master key 216. In some embodiments, the attestation includes a timestamp of when the certificate was digitally signed. In some embodiments, asymmetric private keys stored in flash may be stored in an encrypted form, such as an encrypted device private key 210 and/or an encrypted private provisioning key 212. In some embodiments, the device private key and provisioning private key may also be stored within the secure hardware component 214 and may also have corresponding digitally signed certificates attesting to the authenticity of the respective keys. Likewise, such certificates may also include timestamps attesting to when the certificates were digitally signed. " (Campagna Col. 9 Line 60- Col. 10 Line 14).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining and transmitting carbon footprint data of Katiyar and Volkmann with verifying the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources of Campagna to verify that the digital signature is correct and thus, that the message is authentic (Campagna Col. 4 Lines 56-57).
Regarding Claim 20,
Katiyar discloses, A method for providing carbon emission data, comprising: (Katiyar Par. 0146).
receiving data from a plurality of data sources, the plurality of data sources including one or more devices of an information technology infrastructure; “Receiving data center asset data for a plurality of data center assets, the data center asset data comprising data associated with servicing a particular workload during a particular interval of time by a particular data center asset" (Katiyar Par. 0003)
generating derivative data based at least in part on the received data; “In various embodiments, the determining 602 phase may involve determining the amount of electrical power consumed by certain data center asset components, such as processors and memory. In certain embodiments, the determining 602 phase may involve calculating the additional amount of electrical power consumed by each workload as a result of its proportional share of data center infrastructure overhead." (Katiyar Par. 0121).
generating carbon emission-related presentable data for a user based on the received data and/or the derivative data; and "In various embodiments, the second phase of generating a carbon footprint estimate for each workload serviced by a distributed cloud service environment may include deriving 604 the effective carbon emission factor for the electrical power consumed at each associated data center. In various embodiments, the derivation 604 phase may involve determining the generation source(s) of electrical power provided to each data center within certain intervals of time. In various embodiments, the derivation 604 phase may involve determining a carbon emission factor for each electrical power generation source. In various embodiments, the derivation 604 phase may involve calculating the effective carbon emission factor of the electrical power proportionally consumed by each data center's infrastructure when servicing a particular workload" (Katiyar Par. 0122).
Katiyar discloses receiving data from a plurality of data sources including one or more devices of IT infrastructure, generating derivate data, and generating carbon emission-related presentable data. Katiyar fails to disclose transmitting the carbon emission-related presentable data to another device to be presented to the user, and verifying, via an environmental sustainability logic of a network device, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data. Volkmann, however, does disclose the following,
transmitting the carbon emission-related presentable data to another device to be presented to the user. "The carbon calculator 310 may process the energy use information provided by the utility providers 140 to generate a carbon footprint of the users 120A-N. The energy use may be displayed to the users 120A-N in a way that aids the users 120A-N in reducing their carbon footprint. The service provider 110 may provide information to the users 120A-N in a way that is sensitive to the particular circumstance of each user. FIGS. 7 and 8 include information that may be displayed to users 120A-N to aid the users in affecting changes, such as to their equipment and behaviors, to help reduce their carbon footprint. The information may be presented to the users 120A-N in a way that helps them prioritize changes based on a relative impact to their carbon footprint (e.g., FIG. 8)" (Volkmann Par. 0030).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar with transmitting the data to another device to be presented to a user of Volkmann to aid users in reducing their carbon footprint (Volkmann Par. 0030).
The combination of Katiyar and Volkmann disclose determining and transmitting carbon footprint data, but fail to teach verifying the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources. Campagna discloses network security and generating a cryptographic key and providing a digital certificate with the cryptographic key, a hardware identifier, and attribute information to an authorization host as part of the provisioning process. Campagna, teaches,
verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources " In some embodiments, the secure hardware component 214 is a component that may be used to securely store a private, device-specific master key 216 that is only readable by trusted firmware or hardware within the secure hardware component 214. The secure hardware component 214 may include a dedicated cryptographic processor and dedicated memory within a tamper resistant physical package that may be used to store secrets. In addition, a secure hardware component 214 may make available a digitally signed certificate attesting to the authenticity of the device master key 216. In some embodiments, the attestation includes a timestamp of when the certificate was digitally signed. In some embodiments, asymmetric private keys stored in flash may be stored in an encrypted form, such as an encrypted device private key 210 and/or an encrypted private provisioning key 212. In some embodiments, the device private key and provisioning private key may also be stored within the secure hardware component 214 and may also have corresponding digitally signed certificates attesting to the authenticity of the respective keys. Likewise, such certificates may also include timestamps attesting to when the certificates were digitally signed. " (Campagna Col. 9 Line 60- Col. 10 Line 14).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining and transmitting carbon footprint data of Katiyar and Volkmann with verifying the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources of Campagna to verify that the digital signature is correct and thus, that the message is authentic (Campagna Col. 4 Lines 56-57).
Regarding Claim 10,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 1, as shown above. Katiyar, further discloses, The network device of claim 1, wherein the received data includes second data associated with at least one power source for the IT infrastructure. "In various embodiments, the data center monitoring and management console 118 may be implemented to receive certain data associated with the operation of a particular data center asset 244. In certain embodiments, such operational data may be received through the use of telemetry approaches familiar to those of skill in the art. In various embodiments, the data center monitoring console 118 may be implemented to process certain operational data received from a particular data center asset to determine whether a data center issue has occurred, is occurring, or is anticipated to occur" (Katiyar Par. 0036). "However, various aspects of the invention reflect an appreciation that certain data center assets within the infrastructure of a distributed cloud environment may be shared among multiple customers, each running their virtualized workloads. Furthermore, these underlying data center assets may be implemented at different physical locations and powered by various sources of electrical power, some of which are renewable, and others that are not. In such scenarios, it is cumbersome to accurately measure carbon emissions corresponding to workloads associated with each customer" (Katiyar Par. 0021).
Regarding Claim 11,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 1, as shown above. Katiyar, further discloses, The network device of claim 1, wherein the derivative data includes aggregated data. "To continue the example further, the network ‘1’ 816 data center asset consumes a total of 105 kWh of electrical power, 20 kWh 928 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, while the remaining 85 kWh is used to service other workloads. Likewise, the network ‘n’ 856 data center asset consumes a total of 120 kWh of electrical power, 35 kWh 932 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, and 40 kWh 934 of which is used to service workloads ‘W.sub.x’ 850, ‘W.sub.y’ 852, and ‘W.sub.z’ 854, while the remaining 45 kWh 936 is used to service other workloads" (Katiyar Par. 0136).
Regarding Claim 12,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 11, as shown above. Katiyar, further discloses, The network device of claim 11, wherein the aggregated data is associated with aggregation based on at least one of the one or more devices, one or more network layers, one or more geographical areas, or one or more power source types. "To continue the example further, the network ‘1’ 816 data center asset consumes a total of 105 kWh of electrical power, 20 kWh 928 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, while the remaining 85 kWh is used to service other workloads. Likewise, the network ‘n’ 856 data center asset consumes a total of 120 kWh of electrical power, 35 kWh 932 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, and 40 kWh 934 of which is used to service workloads ‘W.sub.x’ 850, ‘W.sub.y’ 852, and ‘W.sub.z’ 854, while the remaining 45 kWh 936 is used to service other workloads" (Katiyar Par. 0136).
Regarding Claim 13,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 11, as shown above. Katiyar, further discloses, The network device of claim 11, wherein the derivative data further includes one or more statistics associated with the aggregated data. "To continue the example further, the network ‘1’ 816 data center asset consumes a total of 105 kWh of electrical power, 20 kWh 928 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, while the remaining 85 kWh is used to service other workloads. Likewise, the network ‘n’ 856 data center asset consumes a total of 120 kWh of electrical power, 35 kWh 932 of which is used to service workloads ‘W.sub.a’ 830, ‘W.sub.b’ 832, and ‘W.sub.c’ 834, and 40 kWh 934 of which is used to service workloads ‘W.sub.x’ 850, ‘W.sub.y’ 852, and ‘W.sub.z’ 854, while the remaining 45 kWh 936 is used to service other workloads" (Katiyar Par. 0136).
Regarding Claim 2,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 1, as shown above. Katiyar, further discloses, The network device of claim 1, wherein the received data includes first data associated with a first device in the one or more devices, and the environmental sustainability logic is further configured to verify authenticity of the first data "In various embodiments, the CMS authorization 430 service may be implemented to authenticate a particular data center asset 244 by requesting certain proof of possession information, and then processing it once it is received. In certain of these embodiments, the proof of possession information may include information associated with whether or not a particular CMS client 136 possesses the private keys corresponding to an associated certificate 408. In various embodiments, the CMS authorization 430 service may be implemented to authenticate a particular CMS client 136 associated with a corresponding data center asset 244. In certain of these embodiments, the CMS authorization 430 service may be implemented to perform the authentication by examining a certificate 408 associated with the CMS client 136 to ensure that it has been signed by the CMS authentication 426 service" (Katiyar Par. 0112).
Katiyar discloses the first data being associated with a first device, and the environmental sustainability logic further configured to verify authenticity of the first data. Katiyar fails to disclose being based on a first public key associated with the first device and a first cryptographic signature associated with the first data. Campagna teaches:
based on a first public key associated with the first device and a first cryptographic signature associated with the first data. "the system includes a second device on the second network; the instructions that cause the first public key to be usable to authenticate the device on a second network comprise instructions that, as a result of execution by the one or more processors, cause the system to issue a digital certificate usable to verify digital signatures generated using a private key corresponding to the first public key; the digital certificate encodes at least some of the one or more expected attributes; and the second device on the second network verifies, based at least in part on the at least some of the one or more expected attributes in the digital certificate, whether a digitally signed message originated from the device " (Campagna Claim 7). In some embodiments, the certificate information 116 may include at least a hardware identifier 110, opaque attribute information 112, and a device public key 114 corresponding to the device private key 118. In some embodiments, the certificate information may furthermore be digitally signed by the provisioning private key 106, and the digital signature's authenticity may be verifiable by a party having access to the corresponding provisioning public key (e.g., the authorization host 120 shown in FIG. 1).” (Campagna Col. 8 Lines 34-42).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar, Volkmann, and Campagna with a first public key associated with the first device and a first cryptographic signature associated with the first data of Campagna to verify that the digital signature is correct and thus, that the message is authentic (Campagna Col. 4 Lines 56-57).
Regarding Claim 9,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 2, as shown above. Katiyar, further discloses, The network device of claim 2, wherein the first data includes one or more carbon-related metrics associated with the first device. "FIG. 11 is a table showing the derivation of an effective carbon emission factor for each source of energy respectively consumed by an associated data center in a distributed cloud service environment implemented in accordance with an embodiment of the invention" (Katiyar Par. 0146).
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Katiyar (US 20240362064 A1), in view of Volkmann (US 20140114867 A1), in view of Campagna (US 10333903 B1), and in further view of Shea (US20230267229).
Regarding Claim 14,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 11, as shown above. The combination of Katiyar, Volkmann, and Campagna fail to disclose the aggregated data being anonymized. Alternatively, Shea discloses sensitive authentication data that is encrypted. Shea teaches The network device of claim 11, wherein the aggregated data is anonymized. "To that end, in present examples, the tenant 144 can contact the subscription service 103 and request an aggregation of test data, or an analysis of a body of data to help in developing the product or service. The subscription service 103 invokes the data aggregator and anonymizer 131 shown in the view. The tenant 144 may contribute some data, such as production data, to be aggregated or anonymized for test purposes. Some of this production data may be covered by PII, PHI, or PCI requirements and will therefore require appropriate treatment before it can be analyzed by or shared with others. As described more fully below, the aggregated test data is classified to identify sensitive data and encrypted accordingly. The test data is aggregated by the data aggregator and anonymizer 131 to assist in simulating production conditions in which to test the tenant's proposed product or service. In some examples, a plurality of tenants 144 may request an analysis of their respective production data or a simulation of a real-life real-time production environment. The data aggregated by the data aggregator and anonymizer 131 may be derived from a number of different data sources to assist in creating a realistic test environment or a rich body of data for analysis and training, for example. In some examples, the data may be sourced from a number of sources, without limitation. A data source may include, for example, a single tenant in a network, a plurality of tenants in a network, a single third party outside of a network, or a plurality of third parties outside of a network. Tenants or third parties may be sources of application data, web-based traffic data, or other types of data. Tenants and third parties may offer analysis tools and machine learning models, or other services" (Shea Par. 0040-0041).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar, Volkmann, and Campagna with the aggregated data being anonymized of Shea since production data may be covered by PII, PHI, or PCI requirements and will therefore require appropriate treatment before it can be analyzed by or shared with others. As described more fully below, the aggregated test data is classified to identify sensitive data and encrypted accordingly (Shea Par. 0040).
Claim(s) 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Katiyar (US 20240362064 A1), in view of Volkmann (US 20140114867 A1), in view of Campagna (US 10333903 B1), and in further view of Wang (CN 115250176A).
Regarding Claim 15,
The combination of Katiyar, Volkmann, and Campagna disclose the network device of claim 1, as shown above. Katiyar further discloses The network device of claim 1, wherein the environmental sustainability logic is further configured to: The carbon emission-related presentable data is generated for the user "In various embodiments, the second phase of generating a carbon footprint estimate for each workload serviced by a distributed cloud service environment may include deriving 604 the effective carbon emission factor for the electrical power consumed at each associated data center. In various embodiments, the derivation 604 phase may involve determining the generation source(s) of electrical power provided to each data center within certain intervals of time. In various embodiments, the derivation 604 phase may involve determining a carbon emission factor for each electrical power generation source. In various embodiments, the derivation 604 phase may involve calculating the effective carbon emission factor of the electrical power proportionally consumed by each data center's infrastructure when servicing a particular workload" (Katiyar Par. 0122).
The combination of Katiyar, Volkmann, and Campagna fail to disclose receiving a user query associated with the user, identifying an identity of the user based at least in part on a public key associated with the user, and the carbon emission-related presentable data is generated for the user based further on the identified identity of the user. Alternatively, Wang discloses carbon emission data on a blockchain. Wang teaches, receive a user query associated with the user; and "When receiving a request for acquiring carbon emission data sent by a third-party organization, the block chain system can send the carbon emission data and the associated first certificate of trust to the third-party organization. In addition, in order to ensure the safety of the carbon emission data, the blockchain system can perform authority verification on the third-party organization sending the acquisition request, and send the carbon emission data to the third-party organization after the authority verification is passed" (Wang Par. 0022).
identify an identity of the user based at least in part on a public key associated with the user, and "If the authorized institutions corresponding to the carbon emission data comprise a plurality of authorized institutions, each authorized institution can generate a key pair by using an asymmetric encryption algorithm in advance, so that each authorized institution corresponds to a respective key pair. Based on this, the second organization can respectively encrypt the carbon emission data by using the public key corresponding to each authorized organization to obtain a plurality of encrypted carbon emission data, and respectively store the plurality of encrypted carbon emission data and the identity identification information of the corresponding authorized organization in the block chain system in an associated manner. When the authorized organization acquires the carbon emission data, the unique identification information (at least one item of organization business license, legal information, manager information and the like) can be provided for the blockchain system, so that the blockchain system acquires the carbon emission data which is stored in association with the identification information according to the identification information" (Wang Par. 0055).
[The carbon emission-related presentable data is generated for the user ] based further on the identified identity of the user. "For example, the authorized agencies to which the carbon emissions data corresponds include agency a and agency B. The key pair corresponding to the organization A comprises a public key A1 and a private key A2, and the key pair corresponding to the organization B comprises a public key B1 and a private key B2. The second organization firstly encrypts carbon emission data respectively by using a public key A1 and a public key B1, wherein the encrypted carbon emission data X1 is obtained after the carbon emission data are encrypted by using the public key A1; after the carbon emission data is encrypted by using the public key B1, the encrypted carbon emission data X2 is obtained. Furthermore, the second organization sends the carbon emission data, the identification information of the authorized organization (including the identification information of the organization a and the organization B), the carbon emission data X1, the carbon emission data X2 and the encryption information to the blockchain system, wherein the encryption information comprises: the carbon emission data X1 is generated by public key encryption of the organization a, and the carbon emission data X2 is generated by public key encryption of the organization B. The block chain system stores the carbon emission data X1 in association with the identification information of the organization A, and stores the carbon emission data X2 in association with the identification information of the organization B. Assuming that the mechanism A sends an acquisition request for carbon emission data to the block chain system, the acquisition request carries identification information of the mechanism A, after the block chain system receives the acquisition request, the block chain system acquires carbon emission data X1 stored in association with the identification information of the mechanism A according to the identification information of the mechanism A carried by the acquisition request, and then sends the carbon emission data X1 to the mechanism A. After receiving the carbon emission data X1, the organization a may decrypt the carbon emission data X1 using its own private key A2. If the block chain system sends the carbon emission data X2 to the organization a by mistake, since the carbon emission data X2 is encrypted by using the public key B1 of the organization B and can be correctly decrypted only by using the private key B2 of the organization B, even if the organization a acquires the carbon emission data X2, the carbon emission data X2 cannot be decrypted to acquire the decrypted carbon emission data. Similarly, other unauthorized entities can not obtain the real carbon emission data by decryption even if they obtain the carbon emission data X1 or the carbon emission data X2. Therefore, the embodiment adopts the mode of asymmetric encryption algorithm to encrypt and decrypt the carbon emission data, and can ensure the privacy and the security of the carbon emission data of the second organization" (Wang Par. 0057).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar, Volkmann and Campagna with receiving a user query associated with the user, identifying an identity of the user based at least in part on a public key associated with the user, and wherein [The carbon emission-related presentable data is generated for the user ] based further on the identified identity of the user of Wang to respectively encrypt the carbon emission data by using the public key corresponding to each authorized organization to obtain a plurality of encrypted carbon emission data, and respectively store the plurality of encrypted carbon emission data and the identity identification information of the corresponding authorized organization in the block chain system in an associated manner (Wang Par. 0055).
Regarding Claim 16,
The combination of Katiyar, Volkmann, Campagna and Wang disclose the network device of claim 15, as shown above. Wang further discloses, The network device of claim 15, wherein the identity of the user corresponds to an owner or administrator of the IT infrastructure. "In one embodiment, the acquisition request may carry identification information of the first organization (i.e., first identification information). When the acquisition request is received, whether the first organization has the use authority of the carbon emission data (hereinafter referred to as carbon emission data) of the target product can be verified according to the identification information of the first organization. If the first mechanism is determined to have the right to use the carbon emission data, the carbon emission data is further acquired. The identification information of the first institution may include at least one item of information capable of uniquely identifying the first institution, such as an institution license, corporate information, manager information, and the like" (Wang Par. 0042).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar, Volkmann, Campagna and Wang with the identity of the user corresponding to an owner or administrator of the IT infrastructure of Wang to uniquely identify the first institution (Wang Par. 0042).
Claim(s) 19 is rejected under 35 U.S.C. 103 as being unpatentable over Katiyar (US 20240362064 A1), in view of Volkmann (US 20140114867 A1), in view of Dillaway (US 7770206 B2), and in further view of Campagna (US 10333903 B1).
Regarding Claim 19,
Katiyar discloses, A user device, comprising: (Katiyar Par. 0027)
a processor; (Katiyar Par. 0130)
at least one network interface controller configured to provide access to a network; and (Katiyar Par. 0124)
a memory communicatively coupled to the processor, wherein the memory comprises environmental sustainability logic that is configured to: (Katiyar Par. 0121, 0141)
receive carbon emission-related presentable data from the network device; and "In various embodiments, the second phase of generating a carbon footprint estimate for each workload serviced by a distributed cloud service environment may include deriving 604 the effective carbon emission factor for the electrical power consumed at each associated data center. In various embodiments, the derivation 604 phase may involve determining the generation source(s) of electrical power provided to each data center within certain intervals of time. In various embodiments, the derivation 604 phase may involve determining a carbon emission factor for each electrical power generation source. In various embodiments, the derivation 604 phase may involve calculating the effective carbon emission factor of the electrical power proportionally consumed by each data center's infrastructure when servicing a particular workload" (Katiyar Par. 0122).
Katiyar discloses a user device comprising a processor, a network interface controller to provide access to a network, a memory coupled to the processor, and receiving carbon emission related presentable data from the network device. Katiyar, however, fails to disclose receiving a user input corresponding to a user query from a user, verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data, transmitting the user query to a network device, presenting the carbon emission-related presentable data to the user, and the user query being associated with a cryptographic signature. Volkmann, however, does disclose,
receive a user input corresponding to a user query from a user; “The users 120A-N may click on the links to request that the service provider 110 automatically performs the recommended actions. The service provider 110 may perform the recommended actions by interacting with the utility network control systems 330, the automation management tool 340, or generally any component that may automate a carbon reducing action" (Volkmann Par. 0034).
transmit the user query to a network device, "The service provider 110 may perform the recommended actions by interacting with the utility network control systems 330, the automation management tool 340, or generally any component that may automate a carbon reducing action" (Volkmann Par. 0034).
present the carbon emission-related presentable data to the user. "The carbon calculator 310 may process the energy use information provided by the utility providers 140 to generate a carbon footprint of the users 120A-N. The energy use may be displayed to the users 120A-N in a way that aids the users 120A-N in reducing their carbon footprint. The service provider 110 may provide information to the users 120A-N in a way that is sensitive to the particular circumstance of each user. FIGS. 7 and 8 include information that may be displayed to users 120A-N to aid the users in affecting changes, such as to their equipment and behaviors, to help reduce their carbon footprint. The information may be presented to the users 120A-N in a way that helps them prioritize changes based on a relative impact to their carbon footprint (e.g., FIG. 8)" (Volkmann Par. 0030).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar with receiving a user input corresponding to a user query from a user, transmitting the user query to a network device, and presenting the carbon emission-related presentable data to a user of Volkmann to aid users in reducing their carbon footprint (Volkmann Par. 0030).
The combination of Katiyar, and Volkmann disclose a method of determining carbon footprint data and presenting the data to a user. The combination of Katiyar, and Volkmann fail to disclose the user query being associated with a cryptographic signature, and to verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data. Dillaway, however, does disclose,
the user query being associated with a cryptographic signature; "The requestor is indeed entitled to access to the requested resource, such resource then provides such access. For example, if the request is for a data file from the resource, the resource provides such data file, and if the request is to review information available from the resource, the resource allows the requestor to in fact review such information. Notably, in at least some instances the resource provides data to the requester. If so, the resource may choose to encrypt the data according to a format that allows the requestor to decrypt same, but not others. For example, it may be that the presented credential of the requestor is a digital certificate that includes a public key associated therewith, and the resource encrypts the provided data according to the public key of the presented credential. Thus, the requestor may apply a corresponding private key associated with the digital certificate to the encrypted data to reveal same" (Dillaway Col. 1 Lines 42-58). "Typically, such digital certificate 16 is signed based on the contents thereof and according to a private key of a public-private key pair, and may be validated according to an attached chain of certificates including the corresponding public key" (Dillaway Col. 10 Lines 58-62).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining carbon footprint data of Katiyar and Volkmann with a user query being associated with a cryptographic signature of Dillaway to insure integrity (Dillaway Col. 14 Lines 27-28).
The combination of Katiyar, Volkmann, and Dillaway disclose determining and transmitting carbon footprint data, but fail to teach verifying the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data. Campagna discloses network security and generating a cryptographic key and providing a digital certificate with the cryptographic key, a hardware identifier, and attribute information to an authorization host as part of the provisioning process. Campagna, teaches,
verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources "In some embodiments, the secure hardware component 214 is a component that may be used to securely store a private, device-specific master key 216 that is only readable by trusted firmware or hardware within the secure hardware component 214. The secure hardware component 214 may include a dedicated cryptographic processor and dedicated memory within a tamper resistant physical package that may be used to store secrets. In addition, a secure hardware component 214 may make available a digitally signed certificate attesting to the authenticity of the device master key 216. In some embodiments, the attestation includes a timestamp of when the certificate was digitally signed. In some embodiments, asymmetric private keys stored in flash may be stored in an encrypted form, such as an encrypted device private key 210 and/or an encrypted private provisioning key 212. In some embodiments, the device private key and provisioning private key may also be stored within the secure hardware component 214 and may also have corresponding digitally signed certificates attesting to the authenticity of the respective keys. Likewise, such certificates may also include timestamps attesting to when the certificates were digitally signed. " (Campagna Col. 9 Line 60- Col. 10 Line 14).
It would have been obvious to one of ordinary skill in the art at the time of the claimed invention to have combined the method of determining and transmitting carbon footprint data of Katiyar, Volkmann, and Dillaway with verifying the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources associated with the received data of Campagna to verify that the digital signature is correct and thus, that the message is authentic (Campagna Col. 4 Lines 56-57).
Subject Matter Distinguishable from Prior Art
The following is a statement of reasons for the indication of allowable subject matter: It would have been non-obvious at the time of the claimed invention to combine the limitations of Claim(s) 3, 17, and 18 of the environmental sustainability logic further being configured to verify the authenticity of the first data based on a second public key associated with an owner or administrator of the IT infrastructure and a second cryptographic signature associated with the first data, the identity of the user corresponds to a delegated user, and the delegated user is permitted delegated access to the carbon emission- related presentable data based on an access privilege claim signed utilizing a private key of an owner or administrator of the IT infrastructure, and the carbon emission-related presentable data includes disaggregated data associated with disaggregation based on the identity of the user, in combination with the other claimed limitations. Claim(s) 4-8 would also be allowable for their dependency on claim 3. After conducting an updated search, the closest art comprises:
Fox (WO 2010029354 A1) discloses a method for providing an indication of an estimated cost associated with a user executable network operation, comprising the step of: determining the operating state of a user device; estimating the energy consumption associated with the execution of the network operation for one of more network components in dependence of the operating state of the user device; calculating the estimated cost based on the estimated the energy consumption; and indicating the estimated cost associated with a user executable network operation to the user.
Sprunk (US 20080049942 A1) discloses a system for securely distributing PKI data, such as one or more private keys or other confidential digital information, from a PKI data generation facility to a product in a product personalization facility that is not connected to the PKI data generation facility and is assumed to be a non-secure product personalization facility.
Ponsford (US 20130275695 A1) discloses a method of backing up data comprising selecting a local file stored on a client device to be backed-up, encoding the file into multiple fragments, transmitting the multiple fragments from the client device to a plurality of remote storage areas, storing the multiple fragments at the remote storage areas.
Therefore, in combination with the other limitations clearly claimed render Claim(s) 4, 7, 7, and 8 allowable over the prior art.
An updated search was conducted and no relevant art was found.
Response to Arguments
Applicant's arguments filed 036 with respect to 35 U.S.C. § 101, have been fully considered but they are not persuasive. Applicant argues that the claims do not recite a “mental process” since a human mind cannot physically possess a hardware-provisioned private key, nor can a human mind execute cryptographic algorithms. As stated above, absent to the recitation of devices of an IT infrastructure, cryptographic signature, and hardware-based private key, the process of receiving data, verifying the authenticity of the data, generating derivative data based on the received data, generating carbon emission related data based on the receive data or derivative data, and transmitting the carbon emission related data to be presented to a user, can be done by a person mentally. The mental process category for abstract idea includes making evaluations or judgements or observations or opinions. It is also noted that the claims fall under the certain method of organizing human activity grouping. Therefore, the claims are directed to an abstract idea.
The Applicant further argues that the claims provide a specific technological improvement since the claims recite a specific technological solution: a zero-trust data ingestion pipeline wherein an environmental sustainability logic authenticates incoming data using signatures generated from hardware-based private keys provisioned directed in the hardware of the transmitting devices, and that the specific implantation goes well beyond “apply it on a computer” and provides a concrete improvement to the technical field of network security and data validation. The Examiner respectfully disagrees. MPEP 2106.04(d)(1) states "the word 'improvements' in the context of this consideration is limited to improvements to the functioning of a computer or any other technology/technical field, whether in Step 2A Prong Two or in Step 2B." Here, there is no improvement to the technological environment to which the claims are confined (a general purpose computer); put another way, the computer is implementing what it was programmed to implement. The computer did not cause the problem of data spoofing and ingestion of unverified telemetry in distributed computer network architectures. Further, the use of a zero-trust data ingestion pipeline using signatures from hardware-based private keys provisioned directly in the hardware is not a technical solution to a technical problem. Looking at the limitations of Applicant's claimed invention there is no indication that the combination of elements improves the functioning of a computer or improves any other technology. Merely performing an abstract idea process more efficiently using generic computer components does not render the claims patent-eligible. In other words, the claims simply require the performance of the abstract idea of data validation on generic computer components. Based on the updated rejection above and the response presented here, the 101 rejection holds.
Applicant's arguments filed 03 with respect to 35 U.S.C. § 103, have been fully considered but they are not persuasive. Applicant argues “verify, via the environmental sustainability logic, the authenticity of the received data based on at least one cryptographic signature generated by a corresponding one of the plurality of data sources utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources” is not taught by the prior art. However, the claims did not recite “utilizing a hardware-based private key provisioned in the hardware of the corresponding one of the plurality of data sources”. Furthermore, Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
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/E.M.K./Examiner, Art Unit 3626
/JESSICA LEMIEUX/Supervisory Patent Examiner, Art Unit 3626
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