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 .
Claims 1-17 have been examined.
Response to Arguments
Regarding 35 U.S.C. 112 (f) interpretation and 35 U.S.C. 101 rejection, the interpretation and rejection are withdrawn in light of Amendment filed on 4/28/26.
Regarding 35 U.S.C. 103 rejection, Applicant's arguments filed 4/28/26 have been fully considered but they are not persuasive.
Applicant mainly argues that the prior art of record does not explicitly disclose “specific label indicating that the modification is relevant that has been applied,” “when the specific label is detected, deploying the at least one monitoring metric upon detection of the pushing on the internet hosting service,” and “when the specific label is deleted, cancelling the monitoring of the resource space upon deletion of the at least one monitoring metric.” However, the Examiner disagrees for the following reasons.
First, “specific label indicating that the modification is relevant” is relative term since the claims do not clearly define what is considered relevant. Based on broadest reasonable interpretation consistent with the Specification, Wigglesworth teaches or at least suggests the central concept of identifying changes in IaC system to allow synchronization of necessary configuration data which reasonably corresponds to the steps recited in the claims to clone and push updates when changes are detected.
Second, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Specifically, regarding the recitation of label and monitoring metric, Benassi teaches a method of collecting metrics associated with network elements that are provisioned with network configuration files, wherein the configuration files include capture template to collect metrics associated with the provisioned features. The capture template included in the configuration file reasonably corresponds to the claimed monitoring metric used to collect network metric at network elements. Therefore, the combination of Wigglesworth and Benassi teaches or at least suggests automatically synchronizing configuration files while allowing the system to monitor metrics associated with the provisioned features at network elements, and one would reasonably expect the capture template to be added or removed when configuration file is modified. See rejection below.
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.
Claims 1-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wigglesworth et al. U.S. 2023/0297366 (hereinafter Wigglesworth) in view of Benassi et al. U.S. 2022/0210034 (hereinafter Benassi).
As per claim 1, 14 and 15, Wigglesworth discloses a method/non-transitory computer program product/CRM for automatically maintaining an Infrastructure as Code state of a resource space hosted on a cloud platform using a managed compute platform, template generator and cloud builder module (Wigglesworth: [0005]: run-time synchronization of IaC system), the method comprising:
detecting, by a dedicated script, an event associated with the resource space after a modification of said resource space that is relevant, the specific label indicating that the modification that is relevant has been applied (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: automatically detect modification that is relevant, i.e. causes structural difference between updated model and the current model);
when the event is detected, then fill a template with required data (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: detect modification that requires update of template),
clone a remote repository from an internet hosting service (Wigglesworth: Fig. 8; [0097]-[0103]; and [0005]: update local cloned repository);
writing the template that is filled into a local repository (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: update local clone of a repository of the template with the new model);
pushing the local repository to the remote repository on the internet hosting service (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: push the update to remote repository);
when the event is deleted (Wigglesworth: Fig. 8; [0097]-[0103]; [0097]-[0101]: detect creation/modification/deletion on the model instance),
clone the remote repository from the internet hosting service (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: update cloned local repository to reflect the changes, including deletion event);
delete the template that is filled from the local repository (Wigglesworth: Fig. 8; [0102]: update the template according to type of operation, i.e. create/modify/delete; [0005]: update template in cloned local depository);
pushing the local repository to the remote repository on the internet hosting service (Wigglesworth: [0103]: push the changes back to the global code repository).
Wigglesworth does not explicitly disclose use of label and the required data containing at least one monitoring metric; monitor of the resource space by deploying the at least one monitoring metric upon detection of the pushing on the internet hosting service; and canceling the monitoring of the resource space upon deletion of the at least one monitoring metric. However, Benassi discloses generating and updating templates to include monitoring metrics and deploy to Infrastructure-as-Code system, wherein the templates are configured to monitor and collect metrics associated with the network elements (Benassi: Fig. 3 and [0096]-[0105]: generate templates to capture metrics; [0017]: operate IaC component infrastructure). It would have been obvious to one having ordinary skill in the art to selectively include specific template to modify existing IaC configuration when new resources are added/deleted based on detected event or request/label because Wigglesworth and Benassi are analogous art involving remote configuration of IaC components and the system of Wigglesworth already discloses collecting various metrics associated with IaC resources and components (Wigglesworth: [0097]: data collection; Figs. 10-16 and corresponding paragraphs showing monitoring and collection of various metrics). The motivation to combine would be to dynamically enable/disable monitoring of additional resources in response to modification events when templates are updated.
As per claim 2, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses wherein, during the deploying of the at least one monitoring metric, a state storing file is created or updated to contain a metrics configuration (Wigglesworth: Figs. 10-16 and corresponding paragraphs provide examples of update of metrics configuration).
As per claim 3, Wigglesworth as modified discloses the method according to claim 2. Wigglesworth as modified further discloses wherein, during the canceling of the monitoring, the metrics configuration is removed from the state storing file after a previous creation or update of said state storing file (Wigglesworth: [0097]-[0103]: templates are updated to reflect resource creation as well as deletion events, including associated metrics).
As per claim 4, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses further comprising saving relevant modifications applied to the resource space by updating a state file based on the pushing, after the deploying the at least one monitoring metric and/or after the canceling the monitoring, the state file containing at least one configuration data of the resource space (Wigglesworth: [0047] and [0097]-[0105]).
As per claim 5, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses wherein the modification applied to said resource space is relevant when the modification causes a discrepancy between a current state of the resource space and a stored configuration of said resource space (Wigglesworth: [0005]: determine structural difference between the updated model and the current model; [0097]-[0105]: detect events to create, modify, or delete resources).
As per claim 6, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses wherein the required data also contain identification data, the identification data being one or more of at least one identifier of the resource space, and at least one identifier of another resource space where the monitoring is hosted (Benassi: [0036]-[0038]). It would have been obvious to one having ordinary skill in the art to identify metrics to be monitored or recorded based on resource space because Benassi and Wigglesworth both disclose monitoring and configuring IaC or remote resource components. The motivation to combine would be to determine relevant metrics to address system needs.
As per claim 7, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses wherein the dedicated script runs in an event-driven application of the cloud platform (Wigglesworth: [0005]: event-driven system; Fig. 3).
As per claim 8, Wigglesworth as modified discloses the method according to claim 7. Wigglesworth further discloses wherein the remote repository is cloned into the event-driven application (Wigglesworth: [0005]; [0097]-[0105]: clone remote repository and update template into local repository).
As per claim 9, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth as modified further discloses wherein the template that is filled written into the local repository possesses a name containing at least one resource space identifier (Wigglesworth: Figs. 10-11; Benassi: [0036]-[0038]). Same rationale applies here as above in rejecting claim 6.
As per claim 10, Wigglesworth as modified discloses the method according to claim 2. Wigglesworth further discloses wherein the state storing file is stored on a dedicated storage data container of the cloud platform (Wigglesworth: Fig. 5; [0092]: remote/global code repository 525).
As per claim 11, Wigglesworth discloses a cloud platform configured to automatically maintain an Infrastructure as Code state of a resource space hosted on said cloud platform (Wigglesworth: [0005]: run-time synchronization of IaC system), the cloud platform comprising:
a managed compute platform comprising an event-driven application configured to run a dedicated script to detect event associated with the resource space after a relevant modification of said resource space, the event indicating that the relevant modification has been applied (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: detect modification that is relevant, i.e. causes structural difference between updated model and the current model);
clone a remote repository from an internet hosting service (Wigglesworth: Fig. 8; [0097]-[0103]; and [0005]: update local cloned repository);
when the event is detected, write a filled template into a local repository (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: detect modification that requires update of template);
when the specific label has been deleted, delete the filled template from the local repository (Wigglesworth: Fig. 8; [0102]: update the template according to type of operation, i.e. create/modify/delete; [0005]: update template in cloned local depository);
push the local repository to the remote repository on the internet hosting service (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: push the update to remote repository);
a template generator configured to, when the specific label is detected, fill a template with required data (Wigglesworth: Fig. 8; [0097]-[0103]; [0005]: detect modification that requires update of template);
a cloud builder module configured to when the event is detected, monitor the resource space service (Wigglesworth: Figs. 8 and 11: monitor different metrics and deployment of template).
Wigglesworth does not explicitly disclose use of label and the required data containing at least one monitoring metric; monitor of the resource space by deploying the at least one monitoring metric upon detection of the pushing on the internet hosting service; and canceling the monitoring of the resource space upon deletion of the at least one monitoring metric. However, Benassi discloses generating and updating templates to include monitoring metrics and deploy to Infrastructure-as-Code system, wherein the templates are configured to monitor and collect metrics associated with the network elements (Benassi: Fig. 3 and [0096]-[0105]: generate templates to capture metrics; [0017]: operate IaC component infrastructure). It would have been obvious to one having ordinary skill in the art to selectively include specific template to modify existing IaC configuration when new resources are added/deleted based on detected event or request/label because Wigglesworth and Benassi are analogous art involving remote configuration of IaC components and the system of Wigglesworth already discloses collecting various metrics associated with IaC resources and components (Wigglesworth: [0097]: data collection; Figs. 10-16 and corresponding paragraphs showing monitoring and collection of various metrics). The motivation to combine would be to dynamically enable/disable monitoring of additional resources in response to modification events when templates are updated.
As per claim 12, Wigglesworth as modified discloses the cloud platform according to claim 11. Wigglesworth further discloses wherein the cloud builder module is configured to trigger a resource space build based on the push to the internet hosting service for applying Infrastructure as Code service code for a future building of the resource space (Wigglesworth: [0005]: push to remote repository to perform the update in the cloud in the IaC system).
As per claim 13, Wigglesworth as modified discloses the cloud platform according to claim 11. Wigglesworth further discloses an asset inventory configured to detect the relevant modification of the resource space, and a Pub/Sub module configured to transfer a message, upon detection of the relevant modification of the resource space, to the managed compute platform (Wigglesworth: Fig. 8; [0097]-[0105]: detect events and start synchronization with local repository).
As per claim 16, Wigglesworth as modified further discloses determining, by the dedicated script, from the specific label associated with the resource space, whether a relevant modification of a configuration of the resource space has been applied; wherein the filling the template with the required data, the cloning the remote repository from the internet hosting service, the writing the template that is filled into the local repository, the pushing the local repository to the remote repository on the internet hosting service, the monitoring of the resource space by deploying the at least one monitoring metric upon detection of the pushing on the internet hosting service, are performed when the specific label is detected and it is determined by the dedicated script that a relevant modification of the configuration of the resource space has been applied; and wherein the cloning the remote repository from the internet hosting service, the deleting the template that is filled from the local repository, the pushing the local repository to the remote repository on the internet hosting service and the canceling the monitoring of the resource space upon deletion of the at least one monitoring metric, are performed when the dedicated script detects that the specific label associated with the resource space has been deleted (Wigglesworth: Fig. 8; [0102]: update the template according to type of operation, i.e. create/modify/delete; [0005]: update template in cloned local depository; Benassi: Fig. 3 and [0096]-[0105]: generate templates to capture metrics; [0017]: operate IaC component infrastructure). As explained above, the “relevant modification” is a relatively term, without clear clarification, it is interpreted as changes in configuration of network elements. Therefore, the combination of Wigglesworth and Benassi teaches or at least suggests synchronizing configuration files while allowing the system to monitor metrics associated with the provisioned features at network elements, and one would reasonably expect the capture template to be added or removed when configuration file is modified.
As per claim 17, Wigglesworth as modified discloses the method according to claim 1. Wigglesworth further discloses wherein the managed compute platform is further configured to run the dedicated script to determine, from the specific label associated with the resource space, whether a relevant modification of the configuration of the resource space has been applied; write the template that is filled into the local repository, when the specific label is detected Page 7 of 20 and it is determined by the dedicated script that a relevant modification of the configuration of the resource space has been applied; and delete the filled template from the local repository and push the local repository to the remote repository on the internet hosting service, when the dedicated script detects that the specific label associated with the resource space has been deleted; the instructions when executed are further configured to fill the template with the required data, when the specific label is detected and the dedicated script determines that a relevant modification of the configuration of the resource space has been applied; monitor the resource space by deployment of the at least one monitoring metric upon detection of the push on the internet hosting service, when the specific label is detected and the dedicated script determines that the relevant modification of the configuration of the resource space has been applied; and cancel the monitoring of the resource space upon deletion of the at least one monitoring metric, when the dedicated script detects that the specific label associated with the resource space has been deleted (Wigglesworth: Fig. 8; [0102]: update the template according to type of operation, i.e. create/modify/delete; [0005]: update template in cloned local depository; Benassi: Fig. 3 and [0096]-[0105]: generate templates to capture metrics; [0017]: operate IaC component infrastructure). As explained above, the “relevant modification” is a relatively term, without clear clarification, it is interpreted as changes in configuration of network elements. Therefore, the combination of Wigglesworth and Benassi teaches or at least suggests synchronizing configuration files while allowing the system to monitor metrics associated with the provisioned features at network elements, and one would reasonably expect the capture template to be added or removed when configuration file is modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Flynn U.S. 2023/0106369 discloses dynamic policy adjustment based on resource consumption.
Sadhwani U.S. 2018/0246946 discloses selective synchronization data on computing device based on select sync templates.
THIS ACTION IS MADE FINAL. 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 SHIN HON (ERIC) CHEN whose telephone number is (571)272-3789. The examiner can normally be reached Monday to Thursday 9am- 7pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lynn Feild can be reached at 571-272-2092. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHIN-HON (ERIC) CHEN/ Primary Examiner, Art Unit 2431
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