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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-7, 10-14, and 16-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Magnouche et al. US 2025/0317849.
Regarding claim 1, Magnouche teaches a device, comprising:
a processor;
a memory communicatively coupled to the processor; and
a dynamic sustainability logic [Fig. 2, Agent 211], configured to:
monitor a network comprising a plurality of network devices, for one or more dynamic changes in a network topology of the network comprising at least adding a new network device or removing one or more existing network devices [0110—" The one or more respective components of the neighbor node to be set in the low-power mode may be determined based on the topology of the multiple LAGs and the one or more components of the target node to be set in the low-power state. For instance, if port #11 of a target node #1 is to be switched off, according to the topology of the LAGs, port #21 of a neighbor node #2 connecting with port #11 is also to be switched off.” Monitoring the status of the ports (on/off) of the nodes is interpreted as adding or removing network devices since turning ports on/off controls communication with the network] ;
monitor a state of one or more links connected to at least one network device of the plurality of network devices [0109—" In an embodiment of the present disclosure, traffic statistics per link 209 may be provided by a LAG manager of the target node 210 to the agent 211.”];
determine a dynamic bias [0110—“”low-power state”] associated with the at least one network device based on the one or more dynamic changes and the state of the one or more links; and generate a device power control signal based on the determined dynamic bias, wherein the device power control signal is indicative of dynamically switching an operation state of the at least one network device [0110—" As an output for optimizing the energy consumption of the target node 210, one or more of the components of the target node 210 are determined by the agent to be set to a low-power state (while the remaining components are determined to be switched on). The agent 211 may be adapted to send a request message 204A to the components. The agent 211 may be further configured to send a similar request message 204B to one or more neighbor nodes. The request message 204B sent to the neighbor node may comprise components of the target node that are to be set in a low-power state. In this way, the request message 204B may be used for requesting the one or more neighbor nodes to set one or more respective components in the low-power state. “ In summary, traffic statistics per link and network topology are considered when optimizing energy consumption of network nodes.].
Regarding claim 2, Magnouche teaches wherein the dynamic sustainability logic is further configured to transmit the device power control signal to the at least one network device [0110—“ The agent 211 may be further configured to send a similar request message 204B to one or more neighbor nodes.”].
Regarding claim 3, Magnouche teaches wherein the at least one network device dynamically switches the operation state based on the device power control signal [0110—" The one or more respective components of the neighbor node to be set in the low-power mode “].
Regarding claim 4, Magnouche teaches wherein the operation state includes an on state, an off state, or a low-power state [0110—" The one or more respective components of the neighbor node to be set in the low-power mode “ and 0098].
Regarding claim 5, Magnouche teaches wherein the dynamic sustainability logic is further configured to determine a wake-up time for the at least one network device based on the dynamic bias [0116—" If a component or a network device is turned off, this component or network device cannot be woken up until the minimum off duration has passed.”].
Regarding claim 6, Magnouche teaches wherein the device power control signal is further indicative of the wake-up time for the at least one network device [ 0116—" a minimum “off” duration may be set by the agent,”].
Regarding claim 7, Magnouche teaches wherein the at least one network device switches on after the wake-up time based on the device power control signal [0116].
Regarding claim 10, Magnouche teaches wherein the dynamic sustainability logic is further configured to: monitor network heuristics for the network; and adjust the dynamic bias based on the network heuristics [0109].
Regarding claim 11, Magnouche teaches wherein the network heuristics include one or more of:current usage of the plurality of network devices, power saving capabilities of the plurality of network devices, current usage of a plurality of links between the plurality of network devices, or maximum bandwidths of the plurality of links [0109].
Regarding claim 12, Magnouche teaches wherein the dynamic sustainability logic is further configured to adjust the dynamic bias such that the dynamic bias is raised when a link of the one or more links connected to the at least one network device is switched off [0102—" In this way, all adjacent links are taken into consideration to coordinate the multiple LAGs in order to maximize (or further increase) energy savings.].
Regarding claim 13, Magnouche teaches wherein the dynamic sustainability logic is further configured to monitor the one or more dynamic changes comprising a change in a number of the plurality of network devices or a change in a number of a plurality of links between the plurality of network devices [0102—" In this way, all adjacent links are taken into consideration to coordinate the multiple LAGs in order to maximize (or further increase) energy savings. And 101].
Claims 14, 16-18 are similar in scope to claims 1-3 and are taught according to the reasoning provided supra.
Regarding claim 19, Magnouche teaches wherein the control signal is indicative of dynamically switching the state of the one or more links connected to the at least one network device [0089—" For instance, the agent may be hosted at a router and decide which components (e.g. boards, chipsets, and ports) to switch on/off”].
Regarding claim 20, Magnouche teaches wherein the at least one network device dynamically switches on or switches off the one or more links based on the control signal [0089—" For instance, the agent may be hosted at a router and decide which components (e.g. boards, chipsets, and ports) to switch on/off”].
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) 8-9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Magnouche US 2025/0317849 in view of Pani US 2016/0091913.
Regarding claim 8, Pani teaches wherein the dynamic sustainability logic is further configured to:
retrieve historical usage data of the at least one network device;
predict a future usage pattern of the at least one network device based on the historical usage data; and
adjust the dynamic bias based on the predicted future usage pattern of the at least one network device [0085-" Based upon the routing protocol information of the plurality of network devices and the corresponding one or more upstream or downstream ports, or the predicted usage pattern at each of the plurality of network device, a reduced-power-consumption topology that scales with predicted demands at the plurality of network devices can be dynamically generated, at step 760. In some implementations, a suitable redundancy can be built together with the reduced-power-consumption topology to handle unanticipated network disruptions (e.g., link or node failures). An operation state of at least one of the one or more upstream or downstream ports (e.g., an upstream or downstream ether-channel bundled port) or at least one of the plurality of network devices (e.g., an access switch) can be dynamically adjusted to achieve a power saving at the computing network, at step 770." In other words, the system uses predictive methods to determine when to power down or power up devices based on usage patterns.].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have combined the teachings of Magnouche and Pani because they are both directed towards power savings in a network environment. Furthermore, Pani improves on Magnouche by introducing additional methods to save power that use predictive rather than reactive methods.
Regarding claim 9, Pani teaches wherein the dynamic sustainability logic is further configured to adjust the wake-up time based on the predicted future usage pattern of the at least one network device [0085 - Based upon the routing protocol information of the plurality of network devices and the corresponding one or more upstream or downstream ports, or the predicted usage pattern at each of the plurality of network device, a reduced-power-consumption topology that scales with predicted demands at the plurality of network devices can be dynamically generated, at step 760. In some implementations, a suitable redundancy can be built together with the reduced-power-consumption topology to handle unanticipated network disruptions (e.g., link or node failures). An operation state of at least one of the one or more upstream or downstream ports (e.g., an upstream or downstream ether-channel bundled port) or at least one of the plurality of network devices (e.g., an access switch) can bedynamically adjusted to achieve a power saving at the computing network, at step 770." In other words,the system uses predictive methods to determine when to power down or power up devices based on usage patterns.]
Claim 15 is similar in scope to claim 8 and is taught according to the reasoning for claim 8.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jaweed A Abbaszadeh whose telephone number is (571)270-1640. The examiner can normally be reached Monday-Friday 9 a.m.-5 p.m..
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/JAWEED A ABBASZADEH/ Supervisory Patent Examiner, Art Unit 2176