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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1, 8, 15 recite the limitation “upon a restart of the network, routing, by the management entity of the network, the network…” in the last clause of each claim which makes the claim indefinite. It’s unclear if Applicant intended to claim “upon a restart of the network, routing, by the management entity of the network, data the network” or “upon a restart of the network, routing, by the management
entity of the network, the set of stored set of leaf-switch to leaf-switch multipaths the network”. Examiner will interpret as best understood.
Claims 2-7, 9-14, 16-20 are rejected for claiming dependency from respective claims 1, 8, 15.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); and In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claim 1 is rejected as on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent 10,084,639, hereafter Patent’639, in view of Guay et al (USPN 2013/0121154) and Hall et al (USPN 20150032691).
Regarding claim 1 of instant application, claim 1 of Patent’639 discloses
1. A method for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (see lines 1-2)
providing at one or more computers, a network, the network comprising a plurality of switches and a data structure; (see lines 4-8, 17)
storing, at the data structure and by the network management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (see lines 16-18)
Patent’639 does not expressly disclose routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Patent’639’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022], FIGs. 2-4)
Combined system of Patent’639 and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Patent’639 and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Claim 1 is rejected as on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claim 1 of US Patent 10,536,325, hereafter Patent’325, in view of Guay et al (USPN 2013/0121154) and Hall et al (USPN 20150032691).
Regarding claim 1 of instant application, claim 1 of Patent’325 discloses
1. A method for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (see lines 1-2)
providing at one or more computers, a network, the network comprising a plurality of switches and a data structure; (see lines 3-7, 14)
storing, at the data structure and by the network management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (see lines 13-14)
Patent’639 does not expressly disclose routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Patent’325’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022], FIGs. 2-4)
Combined system of Patent’325 and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Patent’325 and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Claims 1, 4 are rejected as on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1, 3 of US Patent 10,951,464, hereafter Patent’464, in view of Guay et al (USPN 2013/0121154) and Hall et al (USPN 20150032691).
Regarding claim 1 of instant application, claim 1 of Patent’464 discloses
1. A method for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (see lines 1-2)
providing at one or more computers, a network, the network comprising a plurality of switches and a data structure; (see lines 3-9, 12)
storing, at the data structure and by the network management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (see lines 12-13)
Patent’464 does not expressly disclose routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Patent’464’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022], FIGs. 2-4)
Combined system of Patent’464 and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Patent’464 and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Regarding claim 4 of instant application, claim 3 of Patent’464 discloses the same feature.
Claims 1, 3-6 are rejected as on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-3 of US Patent 11,936,515, hereafter Patent’515, in view of Guay et al (USPN 2013/0121154) and Hall et al (USPN 20150032691).
Regarding claim 1 of instant application, claim 1 of Patent’515 discloses
1. A method for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (see lines 1-2)
providing at one or more computers, a network, the network comprising a plurality of switches and a data structure; (see lines 3-6)
storing, at the data structure and by the network management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (see lines 7-9)
Patent’515 does not expressly disclose routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Patent’515’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022], FIGs. 2-4)
Combined system of Patent’515 and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Patent’515 and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Regarding claim 3 of instant application, claim 1 of Patent’515 discloses the same feature.
Regarding claim 4 of instant application, claim 1 of Patent’515 discloses the same feature.
Regarding claim 5 of instant application, claim 2 of Patent’515 discloses the same feature.
Regarding claim 6 of instant application, claim 3 of Patent’515 discloses the same feature.
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 8, 10, 15, 17 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima et al (USPN 2012/0151090) in view of Guay et al (USPN 2013/0121154) and Hall et al (USPN 20150032691).
Regarding claim 8, Nakashima discloses
a system for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (system, FIGs. 1, 2, for reconfiguring interconnection network having existing routing comprising [003-0011, 0051-0054]
a computer comprising a microprocessor and a memory, wherein the microprocessor is configured to perform a method comprising: information processing apparatus comprising memory, FIG. 8 #103, and processor, FIG. 8 #104, and the processor operable to perform [0057-0065], FIGs. 8-10
providing a network, the network comprising a plurality of switches (interconnecting a plurality of switches comprising leaf-switches such as LF1-LF3, at proximity to compute nodes [0007, 0011, 0016], FIGs. 1-3)
Nakashima does not expressly disclose a data structure maintained by a management entity of the network; storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network; routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses and a data structure maintained by a management entity of the network (subnet administrator/database managed by master subnet manager [0022, 0018]
storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network (master subnet manager stores routes at subnet administrator/database for queries [0022]
routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “a data structure maintained by a management entity of the network; storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network; routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Nakashima’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022, ], FIGs. 2-4)
Combined system of Nakashima and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Nakashima and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Regarding claim 15, Nakashima discloses
a non-transitory computer readable storage medium having instructions thereon for supporting efficient reconfiguration of an interconnection network having a pre-existing routing, which when read an executed cause a computer to perform steps comprising: (memory comprising instructions executed by information processing apparatus to perform [0057-0065], FIGs. 8-10
providing, at one or more computers, a network, the network comprising a plurality of switches (interconnecting a plurality of switches comprising leaf-switches such as LF1-LF3, at proximity to compute nodes [0007, 0011, 0016], FIGs. 1-3)
Nakashima does not expressly disclose a data structure maintained by a management entity of the network; storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network; routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths
Guay discloses and a data structure maintained by a management entity of the network (subnet administrator/database managed by master subnet manager [0022, 0018]
storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network (master subnet manager stores routes at subnet administrator/database for queries [0022]
routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths (master subnet manager redeploys/reconfigures network usings stored route information after change in network [0018-0022])
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “a data structure maintained by a management entity of the network; storing, at the data structure and by the management entity, a first set of leaf-switch to leaf-switch multipaths associated with the network; routing, by the management entity of the network, the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Guay into Nakashima’s system with the motivation to enable a system to utilize a master subnet manager for discovery, detecting, and recovering a network (Guay, paragraph [0018-0022, ], FIGs. 2-4)
Combined system of Nakashima and Guay does not expressly disclose upon a restart of the network, routing, the network based upon the stored routes
Hall discloses upon a restart of the network, routing, the network based upon the stored routes (entity/IXP crashes and reboots, pre-existing routes are restored [0419, 0832-0842, 0106], FIGs. 23, 45
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “upon a restart of the network, routing, the network based upon the stored routes” as taught by Hall into combined system of Nakashima and Guay with the motivation to restore routes from memory after a system crashes (Hall, paragraph [0419, 0832-0842, 0106], FIGs. 23, 45).
Claim 1 is rejected based on similar ground(s) provided in rejection of claim 15.
Regarding claims 3, 10, 17, Nakashima discloses updating at least one linear forwarding tables of the network based upon the distributed at least one multipath (forwarding databases (FDB) storing route information and residing on each switch is updated [0019-0023, 0061-0063, 0125], FIG. 6 .
Claims 2, 9, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima in view of Guay and Hall as applied to claims 1, 8, 15 and in further view of Perrot et al (WO 0237765 A1).
Regarding claims 2, 9, 16, Guay discloses “prior to routing the network, determining, by the management entity, a match in network topology” master subnet manager (SM) monitors for no changes to network to use current routing [0018-0022]
Combined system of Nakashima, Guay, and Hall does not expressly disclose “network topology of restarted network as compared to a prior topology of the network”
Perrot discloses routing devices comparing network topology after reset with topology prior to reset to use for routing (pages 8, 6), FIG. 1
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “network topology of restarted network as compared to a prior topology of the network” as taught by Perrot into combined system of Nakashima, Guay, and Hall with the motivation to enable a compare topologies after restart for routing (Perrot, pages 8, 6, FIG. 1)
Claims 4, 5, 11, 12, 18, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima in view of Guay and Hall as applied to claims 1, 8, 15 and in further view of Xi et al (USPN 2012/0287791).
Regarding claims 4, 11, 18, Nakashima discloses updating at least two linear forwarding tables of the network (forwarding databases (FDB) storing route information and residing on each switch is updated [0019-0023, 0061-0063, 0125], FIG. 6
Combined system of Nakashima, Guay, and Hall does not expressly disclose updated in parallel
Xi discloses updated in parallel (transmitting probe packets containing information of a big flow to switches on multiple alternative paths in parallel in a network [0046-0052], FIGs. 1-5
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “updated in parallel” as taught by Xi into combined system of Nakashima, Guay, and Hall with the motivation to enable a device flood a network with probe packets containing flow information to determine potential performance as probe packets are routed to different switches on different alternative paths (Xi, paragraph [0046-0052], FIGs. 1-5)
Regarding claims 5, 12, 19, Nakashima discloses “wherein each of the plurality of linear forwarding tables is provided, respectively at a switch of the plurality of switches” forwarding databases (FDB) storing route information and residing on each switch [0019-0023, 0061-0063, 0125], FIG. 6.
Claims 6, 7, 13, 14, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nakashima in view of Guay, Hall, and Xi as applied to claims 5, 12, 19 and in further view of Qu et al (USPN 2013/0266019).
Regarding claims 6, 13, Nakashima discloses “wherein a plurality of switches comprises at least one physical switch” physical switches [0005-0008, 0056-0063], FIG. 8
Combined system of Nakashima, Guay, Hall, and Xi does not expressly disclose “one virtual switch”
Qu discloses use of virtual switch in a network that also comprise physical switches [0023-0027], FIGs. 1-7
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “at least one virtual switch” as taught by Qu into combined system of Nakashima, Guay, Hall, and Xi with the motivation to enable routing of packets generated by virtual machines residing on end nodes (Qu, paragraph 0023-0027], FIGs. 1-7).
Regarding claims 7, 14, Guay discloses “wherein the data structure comprises a persisten virtual memory structure allocated by the management entity” invention implemented by memory such as floppy disks/CD, DVD determined by SM [0065, 0018]
Regarding claim 20, Guay discloses “wherein the data structure comprises a persisten virtual memory structure allocated by the management entity” invention implemented by memory such as floppy disks/CD, DVD determined by SM [0065, 0018]
Combined system of Nakashima, Guay, Hall, and Xi does not expressly disclose “one virtual switch”
Qu discloses use of virtual switch in a network that also comprise physical switches [0023-0027], FIGs. 1-7
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to implement “at least one virtual switch” as taught by Qu into combined system of Nakashima, Guay, Hall, and Xi with the motivation to enable routing of packets generated by virtual machines residing on end nodes (Qu, paragraph 0023-0027], FIGs. 1-7).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Grosner et al (USPN 20040078467) FIG. 1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THAI NGUYEN whose telephone number is (571)270-7632. The examiner can normally be reached M-F campus 10:30-5pm, telework 6pm-8pm| Telework count days.
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, Ian N Moore can be reached at (571)272-3085. 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.
/THAI NGUYEN/Primary Examiner, Art Unit 2469