Prosecution Insights
Last updated: August 15, 2026
Application No. 18/527,052

PROVISIONING SERVICE TO SET UP A CLUSTER OF VIRTUALIZATION PROGRAMS IN COMPUTE SERVERS

Non-Final OA §101§103
Filed
Dec 01, 2023
Examiner
AQUINO, WYNUEL S
Art Unit
2199
Tech Center
2100 — Computer Architecture & Software
Assignee
Hewlett Packard Enterprise Development L.P.
OA Round
1 (Non-Final)
79%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 79% — above average
79%
Career Allowance Rate
354 granted / 449 resolved
+23.8% vs TC avg
Strong +21% interview lift
Without
With
+21.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
24 currently pending
Career history
477
Total Applications
across all art units

Statute-Specific Performance

§101
15.3%
-24.7% vs TC avg
§103
62.1%
+22.1% vs TC avg
§102
3.5%
-36.5% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 449 resolved cases

Office Action

§101 §103
CTNF 18/527,052 CTNF 90369 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. DETAILED ACTION Claim Rejections - 35 USC § 101 07-04-01 AIA 07-04 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, 4, 5, 16 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more. Regarding the independent claim 1, the limitations verify servers based upon obtained information, as drafted, recites functions that, under its broadest reasonable interpretation, covers a function that could reasonably be performed in the mind, including with the aid of pen and paper, but for the recitation of generic computer components. That is, the limitations as cited above as drafted, are functions that, under its broadest reasonable interpretation, recite the abstract idea of a mental process. Applicant’s specification further states: [0035] The BMC 137 A is an example of a management processor that performs various management tasks with respect to the edge compute server 110 A. Examples of management tasks of the BMC 137 A are discussed further below. [0123] In some examples, the BMC can provide so-called “lights-out” functionality for a computer system. The lights out functionality may allow a user, such as a systems administrator, to perform management operations on the computer system even if an OS is not installed or not functional on the computer system. Thus, these limitation falls within the “Mental Processes” grouping of abstract ideas under Prong 1. Under Prong 2, this judicial exception is not integrated into a practical application. The claim recites the following additional limitations: medium, system, service, compute servers, edge site, repository, performing a configuration. The additional elements are recited at a high-level of generality such that it amounts no more than mere instructions to apply the exception using generic computer, and/or mere computer components, MPEP 2106.05(f), and steps of detecting, obtaining, do nothing more than add insignificant extra solution activity to the judicial exception of merely gathering data. Accordingly, the additional elements do not integrate the recited judicial exception into a practical application and the claim is therefore directed to the judicial exception. See MPEP 2106.05(g) (Ex. v. Consulting and updating an activity log, Ultramercial, 772 F.3d at 715, 112 USPQ2d at 1754). Under Step 2B, 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 medium, system, service, compute servers, edge site, repository, performing a configuration, amount to no more than mere instructions, or generic computer/computer components to carry out the exception. Furthermore, the limitations directed to detecting, obtaining the courts have identified mere data gathering is well-understood, routine and conventional activity. See MPEP 2106.05(d) (Ex. iv. Storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc., 793 F.3d 1306, 1334, 115 USPQ2d 1681, 1701 (Fed. Cir. 2015); OIP Techs., 788 F.3d at 1363, 115 USPQ2d at 1092-93;). The recitation of generic computer instruction and computer components to apply the judicial exception, and mere data gathering do not amount to significantly more, thus, cannot provide an inventive concept. Accordingly, the claims are not patent eligible under 35 USC 101. Regarding claim 4, 5, 16 the limitations of configuring, checking various information, verifying information are functions that can be reasonably performed in the human mind, thus, additional mental process defined in the claims. The claim does not include any additional element, thus, no limitation that needs to be analyzed under prong 2 for practical application, or under step 2B for significantly more. Claim Rejections - 35 USC §103 07-20-aia AIA 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. 07-21-aia AIA Claim /s 1-3, 9, 10, 16, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara (Pub. No. US 2023/0229452) in view of Guntupalli (Pub. No. US 2023/0289193) . Claim 1, Daffara teaches “a non-transitory machine-readable storage medium comprising instructions of a provisioning service that upon execution cause a system to ([0018] medium, processors): detect, at the provisioning service, that a plurality of compute servers are online at an edge site ([0007] Fig. 13….] Edge deployment [0013] FIG. 3 is a flow chart illustrating a process for determining and implementing the process for the configuration of the edge devices. The process starts with the booting of the computing devices 310, after which the systems get through either the DHCP protocol, a link local allocation or other means a valid and routable IP address that is meant to be used to communicate with the DNS through the network of FIG. 1 100.) ; obtain, at the provisioning service, network information and security information of the plurality of compute servers from a data repository, the network information and the security information uploaded to the data repository by the automation server at the installation site ([0010] FIG. 2 is an example of a data table containing the edge deployment information, stored in the configuration database 130. The information is held in tuples composed of a record and a content, where Record is the value that needs to match in the DNS , and Value is the response that the DNS service will return. In this example, two edge deployments have been configured, called deployment1.domain0 and deployment2.domain0, with two computing devices configured for each deployment, respectively 4ae72b998aa70 and a254026922d0 for deployment1.domain0 and cf8920420461 and c93460324582 for deployment2.domain0. The records 4ae72b998aa70, a254026922d0, cf8920420461 and c93460324582 are the unique identifier values that the process 330 of FIG. 3 would generate for the hardware, and the responses ties those values to a specific deployment name, in this case deployment1.domain0 and deployment2.domain0. [Fig. 1 120, 130] Domain service and config database [0009] These computing devices are connected to a network switch 110, and through this network switch to either a private or public network 100 that does have the ability to reach through the IP protocol the Domain Name Service ( DNS ) 120, that uses a configuration database 130 to store and provide the requested information.); verify, by the provisioning service, the plurality of compute servers using the security information obtained from the data repository ([0013] The system then checks in step 340 whether the IP address provided in step 320 can be used to query the domain name service; if that is not possible, the process continues in manual mode by warning the user 360. If the DNS can be queried, the system composes the DNS query by using the unique local attribute in 370, executes in 380 the query, and validates the response received in 390.) ; and after the verifying of the plurality of compute servers, … wherein the configuration process uses the network information obtained from the data repository ([0013] On a valid response, in 420 the system implements the changes. This process is repeated periodically, to allow the system to change its configuration in response to changes to the configuration database 130.)”. However, Daffara may not explicitly teach further details of configuration. Guntupalli teaches “wherein the plurality of compute servers are pre-loaded with virtualization programs by an automation server at an installation site different from the edge site ([0013] In some implementations, to reduce the amount of time needed to deploy the virtualization platform to the server devices installed at each independent CaaS cluster, each server device may be pre-loaded with a majority of the virtualization platform at a central facility and in a generic manner before the server devices are transported to the independent CaaS clusters. A server device pre-loaded with a majority of the virtualization platform may be transported and installed at an independent CaaS cluster.) … perform, by the provisioning service, a configuration process to set up a cluster of the virtualization programs in the plurality of compute servers ([0024] The one or more CaaS clusters may be configured to implement a plurality of virtual distributed units (vDUs). In some implementations, the plurality of vDUs may be implemented as a plurality of containerized functions via a virtualization software platform (e.g., a CaaS platform, as shown in FIG. 1C) implemented by the one or more CaaS clusters.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Guntupalli with the teachings of Daffara in order to provide a system that teaches configuration process. The motivation for applying Guntupalli teaching with Daffara teaching is to provide a system that allows for design choices regarding configuration of remote devices. Daffara, Guntupalli are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli teach every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Guntupalli with the teachings of Daffara by known methods and gained expected results. Claim 2, the combination teaches the claim, wherein Daffara teaches “the non-transitory machine-readable storage medium of claim 1, wherein the network information comprises Media Access Control (MAC) addresses of the plurality of compute servers, and wherein the instructions upon execution cause the system to: configure Internet Protocol (IP) addresses for the plurality of compute servers based on the MAC addresses ([0013] Examples of this process may be the use of MAC addresses of one or more of the physical Ethernet devices if present, the serial number of the processor on the motherboard or of any other physical component of the computing device, or any combination or result of the process of an algorithm on the same values, that would still give a unique value for a specific physical computing device. The system then checks in step 340 whether the IP address provided in step 320 can be used to query the domain name service; if that is not possible, the process continues in manual mode by warning the user 360. If the DNS can be queried, the system composes the DNS query by using the unique local attribute in 370, executes in 380 the query, and validates the response received in 390. If the response returned is not valid, the system stops in 410 and returns an error message. On a valid response, in 420 the system implements the changes. This process is repeated periodically, to allow the system to change its configuration in response to changes to the configuration database 130.)”. Claim 3, the combination teaches the claim, wherein Daffara teaches “the non-transitory machine-readable storage medium of claim 2, wherein the configuring of the IP addresses comprises providing the IP addresses to a Dynamic Host Configuration Protocol (DHCP) server ([Claim 1] 1. A method comprising: booting computing equipment for a deployed system; obtaining a local IP address through DHCP or link local protocol; [0009] These computing devices are connected to a network switch 110, and through this network switch to either a private or public network 100 that does have the ability to reach through the IP protocol the Domain Name Service (DNS) 120, that uses a configuration database 130 to store and provide the requested information. Although only one network switch is shown, additional network switches may be connected to the computing devices for redundancy.)”. Claim 9, the combination teaches the claim, wherein Guntupalli teaches “the non-transitory machine-readable storage medium of claim 1, wherein the configuration process to set up the cluster of the virtualization programs comprises setting up the cluster of the virtualization programs in a high availability mode ([0026] The one or more CaaS clusters may provide local control-plane functions within a distributed region (e.g., within a C-RAN hub 125 or a D-RAN site 130), thereby providing a high level of resiliency to the distributed region.)”. Claim 10, the combination teaches the claim, wherein Guntupalli teaches “the non-transitory machine-readable storage medium of claim 1, wherein the cluster of the virtualization programs is to support performance of a workload across virtualized environments in the plurality of compute servers ([0012] Some implementations described herein enable a distributed CaaS platform architecture for implementing containerized network functions at a large number of cellular sites located at an edge of a telecommunications network. In some implementations, the distributed CaaS platform architecture may include independent CaaS clusters at each distributed site (e.g., at each cellular site) of the telecommunications network and a central controller. The independent CaaS clusters may include local controller functions and local worker functions. The central controller may be communicatively coupled to the independent CaaS clusters and may manage the lifecycle of all of the independent CaaS clusters. As a result, each independent CaaS cluster may be configured to support containerized network functions.)”. Claim 16, the combination teaches the claim, wherein Daffara teaches “the non-transitory machine-readable storage medium of claim 1, wherein the instructions upon execution cause the system to: verify the plurality of compute servers using the security information obtained from the data repository by verifying the plurality of compute servers using one or more of user credentials, authentication keys ([0013] Examples of this process may be the use of MAC addresses of one or more of the physical Ethernet devices if present, the serial number of the processor on the motherboard or of any other physical component of the computing device, or any combination or result of the process of an algorithm on the same values, that would still give a unique value for a specific physical computing device. ), or certificates on the plurality of compute servers. Claim 20, the combination teaches the claim, wherein Daffara teaches “the method of claim 19, wherein the online indications are from the plurality of compute servers, or from a network device at the edge site, or from an operations manager that the plurality of compute servers connect with ( [0009] These computing devices are connected to a network switch 110, and through this network switch to either a private or public network 100 that does have the ability to reach through the IP protocol the Domain Name Service (DNS) 120, that uses a configuration database 130 to store and provide the requested information.)” . 07-21-aia AIA Claim /s 4, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, in further view of Rieger (Pub. No. US 2021/0048796) . Claim 4, the combination may not explicitly teach the claim. Rieger teaches “the non-transitory machine-readable storage medium of claim 1, wherein the instructions upon execution cause the system to: perform, by the provisioning service, a check of the plurality of compute servers, wherein the check comprises a determination that an intrusion detection sensor at a compute server of the plurality of compute servers has not been triggered ([0089] The security sensor 255 may be configured to determine a health metric for the ICSC 130, which may be derived based on, inter alia, utilization of services by the ICSC 130, cyber behavior of the ICSC 130, functional behavior of the ICSC 130, information pertaining to the ICSC 130 received from other components 102 of the control system 101, and/or the like. The security sensor 255 may be configured to determine that the ICSC 130 is subject to cyberattack (and/or is compromised) in response to the health metric failing to satisfy one or more thresholds. The security sensor 255 may be configured to detect anomalies by use of one or more machine learning (ML) modules, such as a fuzzy logic based anomaly detector, or the like (not shown in FIG. 2A to avoid obscuring details of the illustrated examples).)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Rieger with the teachings of Daffara, Guntupalli in order to provide a system that teaches intrusion detection. The motivation for applying Rieger teaching with Daffara, Guntupalli teaching is to provide a system that allows for design choices regarding safety features. Daffara, Guntupalli, Rieger are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Rieger teach every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Rieger with the teachings of Daffara, Guntupalli by known methods and gained expected results. Claim 5, the combination teaches the claim, wherein Rieger teaches “the non-transitory machine-readable storage medium of claim 4, wherein the check further comprises a check of a health of the plurality of compute servers ([0100] In the FIG. 3 example, the component security device 150 may be communicatively coupled to a plurality of ICSC sensor devices 355A-N. The ICSC sensor device 355A may include an infrared sensor directed at the ICSC 130 (e.g., may be capable of remotely measuring the temperature of the ICSC 130 and/or respective elements thereof). The ICSC sensor device 355B may include a vibration sensor, which may be disposed on and/or in physical contact with the ICSC 130. The ICSC sensor device 355N may include an electromagnetic radiation sensor, which may be configured to detect electromagnetic radiation emitted at the CC 136 of the ICSC 130. Although particular examples of ICSC sensor devices 355 are described herein, the disclosure is not limited in this regard and could be configured to incorporate any suitable type of sensor and/or sensing device, as disclosed herein.)”. Rationale to claim 4 is applied here . 07-21-aia AIA Claim /s 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, Rieger in further view of Mitchell (Pub. No. US 2021/0168143) . Claim 6, the combination may not explicitly teach the claim. Mitchell teaches “the non-transitory machine-readable storage medium of claim 4, wherein the check further comprises a check that a program in a compute server of the plurality of compute servers has not been modified ([0048] When stored in memory 202 of the computing device 102, the health-check status container 404 has read-only access to the computing device 102 and communicates with the health-check module 400 of the UEM server 302 via the tunnel connection 406. As will be appreciated, the computing device 102 does not have read or modify access to the health-check status container 404. The health-check status container 404 does not otherwise have access to the enterprise network 104. The health-check status container 404 is configured to check the health of the computing device 102. In this embodiment, the health of the computing device 102 is based on one or more indications of compromise which may be event based or may be determined through metadata. Examples of indications of compromise may be, for example, whether or not the computing device 102 is fully patched, has up-to-date antivirus software, has unmodified anti-malware software.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Mitchell with the teachings of Daffara, Guntupalli, Rieger in order to provide a system that teaches details of intrusion detection. The motivation for applying Mitchell teaching with Daffara, Guntupalli, Rieger teaching is to provide a system that allows for design choices regarding safety features. Daffara, Guntupalli, Rieger, Mitchell are analogous art directed towards configuration of devices. Together Daffara, Guntupalli, Rieger, Mitchell teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Mitchell with the teachings of Daffara, Guntupalli, Rieger by known methods and gained expected results . 07-21-aia AIA Claim /s 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, Rieger in further view of Bowden (Pub. No. US 2006/0294587) . Claim 7, the combination may not explicitly teach the claim. Bowden teaches “the non-transitory machine-readable storage medium of claim 4, wherein the check further comprises a check that an operating system (OS) of a compute server of the plurality of compute servers is accessible at a specified Internet Protocol (IP) address ([0024] The Health Check application gathers various information from the user device and stores this information in the Health Check database (Block 108). Exemplary information includes, but is not limited to, device name, IP address of user device, user name, domain user is logged into, enterprise business unit, user device operating system, user device operating system service pack, user device browser version, user device application software versions, user device anti-virus software version, amount of free disk storage space on user device, date/time, etc.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Bowden with the teachings of Daffara, Guntupalli, Rieger in order to provide a system that teaches details of health checks. The motivation for applying Bowden teaching with Daffara, Guntupalli, Rieger teaching is to provide a system that allows for design choices regarding health features. Daffara, Guntupalli, Rieger, Bowden are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Rieger, Bowden teach every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Bowden with the teachings of Daffara, Guntupalli, Rieger by known methods and gained expected results . 07-21-aia AIA Claim /s 8, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, in further view of Todorov (Pub. No. US 2023/0229475) . Claim 8, the combination may not explicitly teach the claim. Todorov teaches “the non-transitory machine-readable storage medium of claim 1, wherein the configuration process to set up the cluster of the virtualization programs in the plurality of compute servers comprises interacting, by the provisioning service with a virtualization manager to set up a cluster of hypervisors ([0022] Container orchestrator 177 implements an orchestration control plane, such as Kubernetes®, to deploy and manage applications or services thereof in pods on hosts 120 using containers 130. Container orchestrator 177 can include one or more master servers configured to command and configure controllers in hypervisors 150. Master server(s) can be physical computers attached to network 180 or implemented by VMs 140/131 in a host cluster 118. [Claim 6] The method of claim 1, wherein the virtualized computing system comprises a container orchestrator, wherein the container orchestrator cooperates with hypervisors in the hosts to deploy the VMs, and wherein the services instances execute in containers of the VMs managed by the container orchestrator.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Todorov with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuration details. The motivation for applying Todorov teaching with Daffara, Guntupalli teaching is to provide a system that allows for design choices regarding deployment features. Daffara, Guntupalli, Todorov are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Todorov teach every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Todorov with the teachings of Daffara, Guntupalli by known methods and gained expected results. Claim 15, the combination may not explicitly teach the claim. Todorov teaches “The non-transitory machine-readable storage medium of claim 1, wherein the virtualization programs comprise hypervisors, and wherein the configuration process to set up the cluster of the virtualization programs in the plurality of compute servers comprises a configuration process to set up a cluster of hypervisors in the plurality of compute servers ([0022] Container orchestrator 177 implements an orchestration control plane, such as Kubernetes®, to deploy and manage applications or services thereof in pods on hosts 120 using containers 130. Container orchestrator 177 can include one or more master servers configured to command and configure controllers in hypervisors 150. Master server(s) can be physical computers attached to network 180 or implemented by VMs 140/131 in a host cluster 118. [Claim 6] The method of claim 1, wherein the virtualized computing system comprises a container orchestrator, wherein the container orchestrator cooperates with hypervisors in the hosts to deploy the VMs, and wherein the services instances execute in containers of the VMs managed by the container orchestrator.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Todorov with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuration details. The motivation for applying Todorov teaching with Daffara, Guntupalli, teaching is to provide a system that allows for design choices regarding deployment features. Daffara, Guntupalli, Todorov are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Todorov teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Todorov with the teachings of Daffara, Guntupalli, Joshi by known methods and gained expected results . 07-21-aia AIA Claim /s 11, 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, in further view of Joshi (Pub. No. US 2020/0192899) . Claim 11, the combination may not explicitly teach the claim. Joshi teaches “the non-transitory machine-readable storage medium of claim 1, wherein the instructions upon execution cause the system to: set up an edge control plane at the edge site, the edge control plane to collect telemetry data, wherein a portion of the telemetry data is to be synchronized with a remote control plane at a remote location ([0265] FIG. 2A illustrates a system 200 configured to address these and other issues by using backup or other secondary copy data to synchronize a source subsystem 201 (e.g., a production site) with a destination subsystem 203 (e.g., a failover site). Such a technique can be referred to as “live synchronization” and/or “live synchronization replication.” In the illustrated embodiment, the source client computing devices 202 a include one or more virtual machines (or “VMs”) executing on one or more corresponding VM host computers 205 a, though the source need not be virtualized. The destination site 203 may be at a location that is remote from the production site 201, or may be located in the same data center, without limitation. One or more of the production site 201 and destination site 203 may reside at data centers at known geographic locations, or alternatively may operate “in the cloud.”)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Joshi with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuration details. The motivation for applying Joshi teaching with Daffara, Guntupalli teaching is to provide a system that allows for design choices regarding deployment features. Daffara, Guntupalli, Joshi are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Joshi teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Joshi with the teachings of Daffara, Guntupalli by known methods and gained expected results. Claim 12, the combination may not explicitly teach the claim. Joshi teaches “the non-transitory machine-readable storage medium of claim 11, wherein the edge control plane is to enable the plurality of compute servers to continue to operate when the edge site is disconnected from the remote location ([0269] Where the incremental backups are applied on a frequent, on-going basis, the synchronized copies can be viewed as mirror or replication copies. Moreover, by applying the incremental backups to the destination site 203 using backup or other secondary copy data, the production site 201 is not burdened with the synchronization operations. Because the destination site 203 can be maintained in a synchronized “warm” state, the downtime for switching over from the production site 201 to the destination site 203 is substantially less than with a typical restore from secondary storage. Thus, the production site 201 may flexibly and efficiently fail over, with minimal downtime and with relatively up-to-date data, to a destination site 203, such as a cloud-based failover site. The destination site 203 can later be reverse synchronized back to the production site 201, such as after repairs have been implemented or after the failure has passed.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Joshi with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuration details. The motivation for applying Joshi teaching with Daffara, Guntupalli teaching is to provide a system that allows for design choices regarding deployment features. Daffara, Guntupalli, Joshi are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Joshi teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Joshi with the teachings of Daffara, Guntupalli by known methods and gained expected results . 07-21-aia AIA Claim /s 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, Joshi in further view of Bao (Pub. No. US 2020/0310670) . Claim 13, the combination may not explicitly teach the claim. Bao “the non-transitory machine-readable storage medium of claim 11, wherein the edge control plane comprises a Domain Name System (DNS) server accessible by the plurality of compute servers responsive to the remote control plane being unavailable ([0016] Some implementations described herein provide a network device that is capable of maintaining respective DNS stores on a primary control plane component and a backup control plane component for control plane restart or failover. The network device may store DNS information in a first DNS memory on a first control plane component (e.g., a primary control plane component). The network device may back up (e.g., periodically, based on event, and/or the like) the DNS information to a DNS file and may store the DNS file in a first DNS store of the first control plane component. The network device may transfer, based on storing the DNS information in the DNS file in the first DNS store, a copy of the DNS file from the first DNS store to a second DNS store of a second control plane component included in the network device. Moreover, the network device may repopulate the first DNS memory, on the first control plane component, from the DNS file stored in the first DNS store on the first control plane component. [0017] In this way, if an event associated with the first control plane component causes a failover from the first control plane component to the second control plane component, the network device may transfer the DNS information from the copy of the DNS file to a second DNS memory of the second control plane component. Accordingly, the network device may process traffic using the second control plane component and the DNS information stored in the second DNS memory.)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Bao with the teachings of Daffara, Guntupalli, Joshi in order to provide a system that teaches details of configuration details. The motivation for applying Bao teaching with Daffara, Guntupalli, Joshi teaching is to provide a system that allows for design choices regarding deployment features. Daffara, Guntupalli, Joshi, Bao are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Joshi, Bao teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Bao with the teachings of Daffara, Guntupalli, Joshi by known methods and gained expected results . 07-21-aia AIA Claim /s 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, Joshi in further view of ERTUGRUL (Pub. No. US 2018/0241763) . Claim 14, the combination teaches the claim, wherein Joshi teaches “the non-transitory machine-readable storage medium of claim 11, wherein the edge control plane comprises a Network Time Protocol (NTP) server (Examiner notes, ERTUGRUL teaches a server of Joshi may comprise NTP and therefore would be obvious to one of ordinarily skilled in the art, an NTP may be incorporated into the teachings of Joshi for the purposes of design choice [0069] FIG. 3: is a schematic view of a computer system according to another embodiment of the invention, wherein the computer system comprises an NTP-server.) accessible by the plurality of compute servers responsive to the remote control plane being unavailable ([0265] FIG. 2A illustrates a system 200 configured to address these and other issues by using backup or other secondary copy data to synchronize a source subsystem 201 (e.g., a production site) with a destination subsystem 203 (e.g., a failover site). Such a technique can be referred to as “live synchronization” and/or “live synchronization replication.” In the illustrated embodiment, the source client computing devices 202 a include one or more virtual machines (or “VMs”) executing on one or more corresponding VM host computers 205 a, though the source need not be virtualized. The destination site 203 may be at a location that is remote from the production site 201, or may be located in the same data center, without limitation. One or more of the production site 201 and destination site 203 may reside at data centers at known geographic locations, or alternatively may operate “in the cloud.”)” . 07-21-aia AIA Claim /s 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, in further view of Bruno (Pat. No. US 11,811,596) . Claim 17, “A system comprising: a hardware processor; and a non-transitory storage medium storing instructions of a provisioning service that are executable on the hardware processor to: receive, at the provisioning service, online indications that a plurality of compute servers are online at an edge site, wherein the plurality of compute servers are pre-loaded with virtualization programs at an installation site different from the edge site, … ; obtain, at the provisioning service, network information and security information of the plurality of compute servers from a data repository, the network information and the security information uploaded to the data repository by an automation server at the installation site; configure a network device at the edge site using the network information to support communications between the plurality of compute servers at the edge site and the provisioning service; verify, by the provisioning service, the plurality of compute servers using the security information obtained from the data repository; and after the verifying of the plurality of compute servers, perform, by the provisioning service, a configuration process to set up a cluster of the virtualization programs in the plurality of compute servers, wherein the configuration process uses the network information obtained from the data repository” is similar to claim 1 and therefore rejected with the same references and citations. However, the combination may not explicitly teach configuring limitation. Bruno teaches “the plurality of compute servers are configured with a setting to access a network address configuration server that assigns network addresses ([Col. 4, Line 55- Col. 5, Line 3] (29) To add a new data processing system (e.g., edge device 102) to the system, the new data processing system may undergo an onboarding process to a network domain (e.g., local area network 108). The onboarding process may include a network provisioning process. As part of the network provisioning process, the new data processing system may obtain provisioning data (e.g., from a provisioning server accessible by the Internet 110). The provisioning data may include network policies, ownership information, and/or other types of data. In order to obtain the provisioning data, the new data processing system may be configured for IP-based communications (e.g., in order to reach provisioning server 107 via the Internet 110). (30) For example, edge device 102 may be connected (e.g., via ethernet cable) to local area network 108 and may use MAC address-based raw-socket network communications to establish a connection with DHCP server 104 (e.g., using the MAC addresses of edge device 102 and DHCP server 104). Once the connection is established, DHCP server 104 may provide IP configuration information (e.g., an IP address) to edge device 102. Using the IP configuration information, edge device 102 may be configured for IP-based communications, allowing edge device 102 to establish a connection with provisioning server 107 (e.g., that stores and/or maintains provisioning data). Edge device 102 may then obtain the provisioning data from provisioning server 107 usable to perform the onboarding process (e.g., after which edge device 102 may be able to provide computer-implemented services)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Bruno with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuring deployments. The motivation for applying Bruno teaching with Daffara, Guntupalli teaching is to provide a system that allows for joining of a communication network. Daffara, Guntupalli, Bruno are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Bruno teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Bruno with the teachings of Daffara, Guntupalli by known methods and gained expected results. Claim 19, “A method comprising: receiving, at a provisioning server comprising a hardware processor, online indications that a plurality of compute servers are online at an edge site, wherein the plurality of compute servers are pre-loaded with virtualization programs at an installation site different from the edge site; obtaining, by the provisioning server, network information and security information of the plurality of compute servers from a data repository, the network information and the security information uploaded to the data repository by an automation server at the installation site; … verifying, by the provisioning server, the plurality of compute servers using the security information obtained from the data repository; after the verifying of the plurality of compute servers, performing, by the provisioning server, a configuration process to set up a cluster of the virtualization programs in the plurality of compute servers, wherein the configuration process uses the network information obtained from the data repository; and setting up, by the provisioning server, an edge control plane at the edge site, the edge control plane performing tasks offloaded from a remote control plane at a remote location” is similar to claim 1 and therefore rejected with the same references and citations. However, the combination may not explicitly teach configuring limitation. Bruno teaches “configuring, by the provisioning server, a network device at the edge site using the network information to support communications between the plurality of compute servers at the edge site and the provisioning server ([Col. 4, Line 55- Col. 5, Line 3](29) To add a new data processing system (e.g., edge device 102) to the system, the new data processing system may undergo an onboarding process to a network domain (e.g., local area network 108). The onboarding process may include a network provisioning process. As part of the network provisioning process, the new data processing system may obtain provisioning data (e.g., from a provisioning server accessible by the Internet 110). The provisioning data may include network policies, ownership information, and/or other types of data. In order to obtain the provisioning data, the new data processing system may be configured for IP-based communications (e.g., in order to reach provisioning server 107 via the Internet 110). (30) For example, edge device 102 may be connected (e.g., via ethernet cable) to local area network 108 and may use MAC address-based raw-socket network communications to establish a connection with DHCP server 104 (e.g., using the MAC addresses of edge device 102 and DHCP server 104). Once the connection is established, DHCP server 104 may provide IP configuration information (e.g., an IP address) to edge device 102. Using the IP configuration information, edge device 102 may be configured for IP-based communications, allowing edge device 102 to establish a connection with provisioning server 107 (e.g., that stores and/or maintains provisioning data). Edge device 102 may then obtain the provisioning data from provisioning server 107 usable to perform the onboarding process (e.g., after which edge device 102 may be able to provide computer-implemented services).)”. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to apply the teachings of Bruno with the teachings of Daffara, Guntupalli in order to provide a system that teaches details of configuring deployments. The motivation for applying Bruno teaching with Daffara, Guntupalli teaching is to provide a system that allows for joining of a communication network. Daffara, Guntupalli, Bruno are analogous art directed towards remote configuration of devices. Together Daffara, Guntupalli, Bruno teaches every limitation of the claimed invention. Since the teachings were analogous art known at the filing time of invention, one of ordinary skill could have applied the teachings of Bruno with the teachings of Daffara, Guntupalli by known methods and gained expected results . 07-21-aia AIA Claim /s 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Daffara , Guntupalli, Bruno, in further view of Joshi, ERTUGRUL (Pub. No. US 2018/0241763) . Claim 18, “the system of claim 17, wherein the instructions are executable on the hardware processor to: set up an edge control plane at the edge site, the edge control plane to collect telemetry data, wherein a portion of the telemetry data is to be synchronized with a remote control plane at a remote data center, and wherein the edge control plane comprises one or more of a Domain Name System (DNS) server or a Network Time Protocol (NTP) server to operate responsive to the remote data center being unavailable” is similar to claim 11 and 14 and therefore rejected with the same references and citations. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYNUEL S AQUINO whose telephone number is (571)272-7478. The examiner can normally be reached 9AM-5PM EST M-F. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Lewis Bullock can be reached at 571-272-3759. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /WYNUEL S AQUINO/Primary Examiner, Art Unit 2199 Application/Control Number: 18/527,052 Page 2 Art Unit: 2199 Application/Control Number: 18/527,052 Page 3 Art Unit: 2199 Application/Control Number: 18/527,052 Page 4 Art Unit: 2199 Application/Control Number: 18/527,052 Page 5 Art Unit: 2199 Application/Control Number: 18/527,052 Page 6 Art Unit: 2199 Application/Control Number: 18/527,052 Page 7 Art Unit: 2199 Application/Control Number: 18/527,052 Page 8 Art Unit: 2199 Application/Control Number: 18/527,052 Page 9 Art Unit: 2199 Application/Control Number: 18/527,052 Page 10 Art Unit: 2199 Application/Control Number: 18/527,052 Page 11 Art Unit: 2199 Application/Control Number: 18/527,052 Page 12 Art Unit: 2199 Application/Control Number: 18/527,052 Page 13 Art Unit: 2199 Application/Control Number: 18/527,052 Page 14 Art Unit: 2199 Application/Control Number: 18/527,052 Page 15 Art Unit: 2199 Application/Control Number: 18/527,052 Page 16 Art Unit: 2199 Application/Control Number: 18/527,052 Page 17 Art Unit: 2199 Application/Control Number: 18/527,052 Page 18 Art Unit: 2199 Application/Control Number: 18/527,052 Page 19 Art Unit: 2199 Application/Control Number: 18/527,052 Page 20 Art Unit: 2199 Application/Control Number: 18/527,052 Page 21 Art Unit: 2199
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Prosecution Timeline

Dec 01, 2023
Application Filed
May 13, 2026
Non-Final Rejection mailed — §101, §103
Jul 28, 2026
Interview Requested
Aug 04, 2026
Applicant Interview (Telephonic)
Aug 07, 2026
Examiner Interview Summary

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1-2
Expected OA Rounds
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99%
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3y 4m (~7m remaining)
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