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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 August 7, 2026 has been entered.
Response to Arguments
Applicant’s arguments, see Applicants’ remarks, filed August 7, 2026, with respect to the rejection(s) of claim(s) 1, 13, 25 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kwong et al. (US 2018/0367940).
Kwong teaches diagnostic information being collected over a period of time (Sections 0016, 0017, performance results or performance metrics of the performance tests are collected or recorded over time).
Regarding Applicants’ assertion-(1) Dreyer does not disclose "an existing network": A generated network topology refers to a virtual or simulated network, not an existing or actual network. Dreyer further states that the template may allow for topology changes, which may result in new templates. Since the template can be changed every time the topology changes, it characterizes a simulation or a virtual configuration, not a real or existing installation.-Examiner indicated, in the previous Office Action dated May 7, 2026, that he was persuaded by Applicants’ argument that Dreyer did not teach “an existing network”, which prompted new prior art Murthy (US 2023/0133057). Examiner therefore did not fail to take note or ignore this particular argument made by Applicants.
Regarding Applicants’ assertion-(2) Dreyer does not disclose "the diagnostic information being collected by monitoring the existing network": Testing is to determine if the system meets some testing criteria. Performance testing is not the same as diagnosis because it does not "identify at least one actual or potential quality issue for the network installation." as recited in amended claims 1, 13, and 25. Dreyer specifically teaches using the machine learning-defined performance tests, the device 102 may present results of the performance tests, allowing a user to further configure the network topologies based on the performance results of the tests. (Dreyer, |[028], lines 6-15). Performance tests refer to the tests that to verify if the system performs as designed. These performance tests are designed before the system is implemented. Therefore, they do not identify quality issues. In contrast, the diagnostic information is collected after the system is implemented by monitoring the existing network. The current Office Action ignores the above arguments and contends that Dreyer discloses these aspects. In particular, the Office Action appears to equate Dreyer's performance tests and results of these tests to diagnostic information and network information (Office Action, page 5, item 3). The Office Action did not address the argument that "Testing is to determine if the system meets some testing criteria. Testing is not the same as diagnosis because it does not identify at least one actual or potential quality issue for the network installation."-Again, Sections 0026 – 0028 of Dreyer teach that performance tests are run and the results of these tests, upon applying the broadest reasonable interpretation, reads on the claimed “diagnostic information”. When performance testing is done there is a determination if particular benchmarks are met and if said benchmarks are not met this is an indication of issue or quality issue. Dreyer therefore teaches the limitations in question.
Regarding Applicants’ assertion- As seen from the above excerpt, Murthy describes the configuration module 138 and the DUT 160. The description only refers to "the DUT 160 may be representative of one or more physical network elements" or "network performance or proof-of-concept lab network design and concept testing." None of these is related to "the network installation and the diagnostic information being collected by monitoring the existing network," as recited in claims 1, 13, and 25. The physical network elements refer to components of the network. The network performance refers to the performance of the network which has nothing to do with diagnostic information. "Performance" refers to the execution of an action while "diagnosis" refers to the cause or nature of a condition, situation, or problem. Similarly, "concept testing" refers to gathering information to prove a concept. It does not identify the cause or nature of the problem.- Murthy was cited for its teaching of an existing network while Dreyer, as detailed above, was cited for its teaching of the collection of diagnostic information.
Regarding Applicants’ assertion-Moreover, the Office Action does not clearly articulate the reasons why the claimed invention would have been obvious. Among other things, the Applicant submits that Dreyer and Murthy cannot be combined because the proposed modification would render the prior art invention being modified unsatisfactory for its intended purpose. MPEP 2143.01. In re Gordon, 733 F.2d 900, 221 USPQ 1125 (Fed. Cir. 1984). Here, Dreyer discloses templates of common topologies. Modifying Murthy to incorporate into Dreyer's teachings would render Dreyer unsatisfactory for its intended purpose because Murthy's network performance or proof- of-concept lab network design and concept testing cannot be used in Dreyer because it does not provide selecting from a library of templates- Modifying Dreyer with the features of Murthy would provide the ability to easily diagnose problems in an existing network as taught by Murthy.
Regarding Applicants’ assertion-Furthermore, Smith merely discloses a network traffic sniffing (Smith, [0006], lines 7- 14), not "to both passively and actively monitor the network and a plurality of the network devices of the network installation, and to collect the network information and the diagnostic information," as recited in claims 4 and 16. Smith specifically teaches an endpoint passive scanner deployed on an endpoint device, which indicates that only the network traffic is scanned. The network traffic refers to the transmission and reception on the network and the traveling of the packets. It is not related to the diagnostic information-Smith teaches in Sections 0006, 0074 passively monitoring a network, which is made of up a plurality of network device and obtaining the vulnerabilities of the network, which reads on diagnostic information.
Examiner respectfully disagrees with Applicants’ assertion-Furthermore, Zhou merely discloses establishing a connection with the edge node cluster that has a highest network connection quality (Zhou, T[0048], lines 8-10), not "the quality index comprises an aggregate quality index, a worst node quality index, a best node quality index, or a selected node quality index," as recited in claims 8 and 20. Zhou's quality refers to the connection quality. It is not quality as determined by diagnostic information-Abstract, Section 0048 of Zhou teaches highest or best node quality. Applicants’ have provided no further claim language that further defines quality index therefore, upon applying the broadest reasonable interpretation, the highest or best node quality reads on the best node quality index.
Claim Rejections - 35 USC § 103
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, 9 – 13, 21 – 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dreyer et al. (US 2024/0073101) in view Murthy (US 2023/0133057) in view of Kwong et al. (US 2018/0367940)
Regarding Claim 1, Dreyer teaches a system comprising: a communication device; a processor, and a memory storing instructions that when executed by the processor (Figure 6, Section 0043, computing device is the communication (616), processor (602-606)), cause the processor to: obtain network information and diagnostic information for a network installation of a network, the network information including a topology of network devices of the network or information from which the topology is determinable for the network installation (performance tests are run, results of said tests (diagnostic information and network information) which indicates information about the topology, (Sections 0026 – 0028)) and the diagnostic information being collected by monitoring the network (Sections 0026 – 0028, network is monitored for the for results of the performance tests, which reads on diagnostic information); perform an analysis of a quality of the network installation based on at least the diagnostic information and the topology of the network devices to identify at least one actual or potential quality issue for the network installation and to compute a quality index for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028)); and output the quality index for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028)).
Dreyer does not teach obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected over a period of time by monitoring the existing network
Murthy teaches network topology design in relation to existing or real networks (Section 0040, pushing translated design configurations actual physical network elements in an actual physical network).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer with the above features of Murthy for the purpose of easily diagnosing problems in an existing network as taught by Murthy. The combination of Dreyer and Murthy teaches obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected by monitoring the existing network.
Dreyer in view of Murthy does not teach diagnostic information being collected over a period of time by monitoring the existing network.
Kwong, which also teaches monitoring a communication network, teaches diagnostic information being collected over a period of time by monitoring the existing network (Sections 0016, 0017, performance metric record over time).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy with the above features of Kwong for the purpose of efficiently addressing potential network problems in a particular region as taught by Kwong.
Regarding Claim 13, Dreyer teaches a method comprising: obtaining network information and diagnostic information for a network installation of a network, the network information including a topology of network devices of the network or information from which the topology is determinable for the network installation (diagnostic information and network information) which indicates information about the topology, (Sections 0026 – 0028)); and the diagnostic information being collected by monitoring the network (Sections 0026 – 0028, network is monitored for the for results of the performance tests, which reads on diagnostic information); performing, via a processor, an analysis of a quality of the network installation based on at least the diagnostic information and the topology of the network devices to identify at least one actual or potential quality issue for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028), Figure 6, processor (602-606)) and to compute a quality index for the network installation; and outputting, via the processor, the quality index for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028)).
Dreyer does not teach obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected over a period of time by monitoring the existing network.
Murthy teaches network topology design in relation to existing or real networks (Section 0040, pushing translated design configurations actual physical network elements in an actual physical network).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer with the above features of Murthy for the purpose of easily diagnosing problems in an existing network as taught by Murthy. The combination of Dreyer and Murthy teaches obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected by monitoring the existing network.
Dreyer in view of Murthy does not teach diagnostic information being collected over a period of time by monitoring the existing network.
Kwong, which also teaches monitoring a communication network, teaches diagnostic information being collected over a period of time by monitoring the existing network (Sections 0016, 0017, performance metric record over time).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy with the above features of Kwong for the purpose of efficiently addressing potential network problems in a particular region as taught by Kwong.
Regarding Claim 25, Dreyer teaches a non-transitory computer medium storing computer executable code, which when executed by one or more processors (Figure 6, memory (616), processor (602-606)), is configured to implement a method of comprising: obtaining network information and diagnostic information for a network installation of a network, the network information including a topology of the network devices of the network or information from which the topology is determinable for the network installation (performance tests are run, results of said tests (diagnostic information and network information) which indicates information about the topology, (Sections 0026 – 0028)) and the diagnostic information being collected by monitoring the network (Sections 0026 – 0028, network is monitored for the for results of the performance tests, which reads on diagnostic information); performing an analysis of a quality of the network installation based on at least the diagnostic information and the topology of the network devices to identify at least one actual or potential quality issue for the network installation and to compute a quality index for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028)); and outputting the quality index for the network installation (analysis of the test results enables the determination of whether an adjustment to the topology needs to be or should be made, baselines or thresholds that need to be met reads on the quality index (Sections 0026 – 0028)).
Dreyer does not teach obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected over a period of time by monitoring the existing network.
Murthy teaches network topology design in relation to existing or real networks (Section 0040, pushing translated design configurations actual physical network elements in an actual physical network).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer with the above features of Murthy for the purpose of easily diagnosing problems in an existing network as taught by Murthy. The combination of Dreyer and Murthy teaches obtain network information and diagnostic information for a network installation of an existing network, the network information including a topology of network devices of the existing network or information from which the topology is determinable for the network installation and the diagnostic information being collected by monitoring the existing network.
Kwong, which also teaches monitoring a communication network, teaches diagnostic information being collected over a period of time by monitoring the existing network (Sections 0016, 0017, performance metric record over time).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy with the above features of Kwong for the purpose of efficiently addressing potential network problems in a particular region as taught by Kwong.
Regarding Claims 9, 21, Dreyer in view of Murthy and in further view of Kwong teaches all of the claimed limitations recited in Claims 1, 13. Dreyer further teaches wherein the processor is further configured to provide prioritized recommendations of potential solutions for the at least one actual or potential quality issue (Section 0028, topology changes are the potential solutions).
Regarding Claims 10, 22, Dreyer in view of Murthy and in further view of Kwong teaches all of the claimed limitations recited in Claims 9, 21. Dreyer further teaches wherein the potential solutions comprises one or more of: adding at least one routing device, node location realignment, replacing a battery of one or more of the network devices, updating firmware or software for one or more of the network devices to a latest version, replacing at least one routing network device with one or more replacement network device having greater functionality, or installing one or more additional gateways for redundancy (Section 0027, device arrangement reads on device (node) realignment).
Regarding Claims 11, 23, Dreyer in view of Murthy and in further view of Kwong teaches all of the claimed limitations recited in Claims 9, 21. Dreyer further teaches wherein the processor is further configured to re-implement the operations of obtaining network information and diagnostic information, performing an analysis of a quality of the network installation, and outputting the quality index, after the network installation is updated according to one or more of the recommendations (Section 0028, performance tests can be conducted a plurality of times thus operations associated with said performance tests can be conducted a plurality of times and thus reimplemented).
Regarding Claims 12, 24, Dreyer in view of Murthy and in further view of Kwong teaches all of the claimed limitations recited in Claims 1, 13. Dreyer further teaches wherein the processor is further configured to design or update a design of the installation network before installation or update thereof, and to provide the design or updated design of the installation network to a user, the processor being configured to generate one or more potential installation network designs and to perform an analysis of a quality of the one or more potential network installation designs to provide a new or updated design of the installation network which is optimized or improved (updated topology based on the performance tests (Sections 0026 – 0028)).
Claim(s) 2, 3, 5 – 7, 14, 15, 17 – 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dreyer et al. (US 2024/0073101) in view of Murthy (US 2023/0133057) in view of Kwong et al. (US 2018/0367940) and further in view of Parvantaneni et al. (US 2021/0153041).
Regarding Claims 2, 14, Dreyer in view of Murthy teaches all of the claimed limitations recited in Claims 1, 13. Dreyer in view of Murthy does not teach wherein, to obtain the network information and the diagnostic information, the processor is configured to: connect via the communication device to the network to monitor the network and a plurality of the network devices of the network installation; and collect the network information and the diagnostic information over the time period.
Kwong, which also teaches monitoring a communication network, teaches diagnostic information and network information being collected over a period of time by monitoring the existing network (Sections 0016, 0017, performance metric record over time).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy with the above features of Kwong for the purpose of efficiently addressing potential network problems in a particular region as taught by Kwong.
Dreyer in view of Murthy in view of Kwong does not teach obtain the network information and the diagnostic information, the processor is configured to: connect via the communication device to the network to monitor the network and a plurality of the network devices of the network installation.
Parvantaneni, which also teaches edge computing, teaches to obtain the network information and the diagnostic information, the processor is configured to: connect via the communication device to the network to monitor the network and a plurality of the network devices of the network installation (Section 0035, monitoring the network for the performance information).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Parvantaneni for the purpose effectively managing a high number of edge computing devices as taught by Parvantaneni.
Regarding Claims 3, 15, Dreyer in view of Murthy in view of Kwong and in further view of Parvantaneni teaches all of the claimed limitations recited in Claims 2, 14. Dreyer in view of Murthy does not teach wherein the processor is configured to passively or actively monitor the network and a plurality of the network devices of the network installation, and to collect the network information and the diagnostic information over the time period.
Kwong, which also teaches monitoring a communication network, teaches diagnostic information and network information being collected over a period of time by monitoring the existing network (Sections 0016, 0017, performance metric record over time).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy with the above features of Kwong for the purpose of efficiently addressing potential network problems in a particular region as taught by Kwong.
Dreyer in view of Murthy and in further view of Kwong does not teach wherein the processor is configured to passively or actively monitor the network and a plurality of the network devices of the network installation.
Parvantaneni, which also teaches edge computing, teaches wherein the processor is configured to passively or actively monitor the network and a plurality of the network devices of the network installation (Section 0035, actively monitoring the network for the performance information).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Parvantaneni for the purpose effectively managing a high number of edge computing devices as taught by Parvantaneni.
Regarding Claims 5, 17, Dreyer in view of Murthy in view of Kwong and in further view of Parvantaneni teaches all of the claimed limitations recited in Claims 2, 14. Dreyer in view of Murthy in view of Kwong does not teach wherein the processor is configured to communicate with the plurality of network devices over the connection using a transmission protocol selected from a plurality of selectable transmission protocols, the plurality of transmission protocols including at least a wireless protocol.
Parvantaneni, which also teaches edge computing, teaches wherein the processor is configured to communicate with the plurality of network devices over the connection using a transmission protocol selected from a plurality of selectable transmission protocols, the plurality of transmission protocols including at least a wireless protocol (communication protocols (Section 0018), wireless protocol (Section 0043)).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Parvantaneni for the purpose effectively managing a high number of edge computing devices as taught by Parvantaneni.
Regarding Claims 6, 18, Dreyer in view of Murthy in view of Kwong teaches all of the claimed limitations recited in Claims 1, 13. Dreyer in view of Murthy in view of Kwong does not teach wherein the diagnostic information comprises at least one parameter or metric for a network device or node, the at least one parameter/metric comprising a radio or transmission metric, a version of a firmware or software, a traffic metric, a noise metric, a network metric, or a site metric.
Parvantaneni, which also teaches edge computing, teaches wherein the diagnostic information comprises at least one parameter or metric for a network device or node, the at least one parameter or metric comprising a radio or transmission metric, a version of a firmware or software, a traffic metric, a noise metric, a network metric, or a site metric (Section 0016, signal quality is a radio metric).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Parvantaneni for the purpose effectively managing a high number of edge computing devices as taught by Parvantaneni.
Regarding Claims 7, 19, Dreyer in view of Murthy in view of Kwong teaches all of the claimed limitations recited in Claims 1, 13. Dreyer in view of Murthy in view of Kwong does not teach wherein the at least one actual or potential issue for the network or one or more of the network devices comprises a single point of failure, weak signal strengths, Radio Frequency (RF) noisy area, connectivity issue, low battery level, cybersecurity issues, problematic firmware version, or high traffic.
Parvantaneni, which also teaches edge computing, teaches wherein the at least one actual or potential issue for the network or one or more of the network devices comprises a single point of failure, weak signal strengths, Radio Frequency (RF) noisy area, connectivity issue, low battery level, cybersecurity issues, problematic firmware version, or high traffic (Section 0016, signal quality comprises signal strength).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Parvantaneni for the purpose effectively managing a high number of edge computing devices as taught by Parvantaneni.
Claim(s) 4, 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dreyer et al. (US 2024/0073101) in view of Murthy (US 2023/0133057) in view of Kwong et al. (US 2018/0367940) in view Parvantaneni et al. (US 2021/0153041), as applied to Claims 2, 14 set forth above, and further in view of Zheng et al. (US 2024/0214843)
Regarding Claim 4, 16, Dreyer in view of Murthy in view of Kwong and in further view of Parvantaneni teaches all of the claimed limitations recited in Claims 2, 14. Dreyer in view of Murthy in view of Kwong in view of Parvantaneni does not teach wherein the collected network information and the diagnostic information include at least one of network performance metric or parameter including network and device statistics, number of lost packets, signal strength, number of hops to destination, number of neighbors for routing redundancy, or network channel usage.
Zheng, which also teaches the monitoring of a communication network, teaches at least one of network performance metric or parameter including network and device statistics, number of lost packets, signal strength, number of hops to destination, number of neighbors for routing redundancy, or network channel usage (Section 0024, packet loss metric reads on the number of lost packets).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of the Dreyer in view of Murthy in view of Kwong and in further view of Parvantaneni with the above features of Zheng for the purpose of improving network performance as taught by Zheng.
Claim(s) 8, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dreyer et al. (US 2024/0073101) in view of Murthy (US 2023/0133057) in view of Kwong et al. (US 2018/0367940) and in further view of Zhou et al. (US 2021/0337046)
Regarding Claims 8, 20, Dreyer in view of Murthy in view of Kwong teaches all of the claimed limitations recited in Claims 1, 13. Dreyer in view of Murthy in view of Kwong does not teach wherein the quality index comprises an aggregate quality index, a worst node quality index, a best node quality index, or a selected node quality index.
Zhou, which also teaches edge computing, teaches wherein the quality index comprises an aggregate quality index, a worst node quality index, a best node quality index, or a selected node quality index (Abstract, Section 0048, highest or best node quality).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the system of Dreyer in view of Murthy in view of Kwong with the above features of Zhou for the purpose of connecting to an edge node with a good connection quality as taught by Zhou.
Conclusion
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/RAYMOND S DEAN/ Primary Examiner, Art Unit 2645 Raymond S. Dean
August 17, 2026
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