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 .
Response to Arguments
Applicant's arguments filed 7/6/2026 have been fully considered but they are not persuasive.
Applicant argues in substance that combination of Nakashima, Guay, and Hall fails to teach claim 1 as amended
In response to argument, Examiner respectfully disagree. Newly cited prior arts Kreeger and Fee teach claim 1 as claimed.
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 Fee (USPN 20030204768).
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, upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Patent’639’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
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 Fee (USPN 20030204768).
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, upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Patent’639’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
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 in view of Fee (USPN 20030204768).
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, upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Patent’639’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
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 in view of Fee (USPN 20030204768).
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, upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Patent’639’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
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 (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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, 5, 8-10, 12, 15-17, 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kreeger et al (USPN 20060098589) in view of Fee (USPN 20030204768).
Regarding claim 8, Kreeger discloses
a system for supporting efficient reconfiguration of an interconnection network having a pre-existing routing comprising: (system, FIG. 10, supporting efficient routing computations [0088, 0082]
a computer comprising a microprocessor and a memory, wherein the microprocessor is configured to perform a method comprising: (network device, FIG. 10 #1060, comprising CPU, FIG. 10 #1062, and memory, FIG. 10 #1061, the CPU operable to perform [0082, 0085]
wherein the plurality of switches includes one or more leaf switches (network, FIG. 2 #200, includes edge switches #210-240 with switch 220 being a core switch [0034, 0035]
storing, at the data structure and by the management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (Switch forwarding table (SFT/switch ID table) of each edge switch stores switch address of every other active core switch and edge switch including multipath entries [0011, 0045, 0046]
wherein nodes of the plurality of nodes couple to the network via respective leaf switches (host devices, FIG. 2 #204, 231, 232, 245 attached respectively to edge switches 210, 230, 240 [0034, 0035]
Kreeger does not expressly disclose “providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network; upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths”
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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 “providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network; upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Kreeger’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
Regarding claim 15, Kreeger discloses
a non-transitory computer readable storage medium having instructions for supporting efficient reconfiguration of an interconnection network having a pre-existing routing, which when read and executed cause a computer to perform steps comprising: (memory, FIG. 10 #1061, storing instructions when executed by CPU, FIG. 10 #1062, operable to perform [0082, 0085]
wherein the plurality of switches includes one or more leaf switches (network, FIG. 2 #200, includes edge switches #210-240 with switch 220 being a core switch [0034, 0035]
storing, at the data structure and by the management entity, a set of leaf-switch to leaf-switch multipaths associated with the network (Switch forwarding table (SFT/switch ID table) of each edge switch stores switch address of every other active core switch and edge switch including multipath entries [0011, 0045, 0046]
wherein nodes of the plurality of nodes couple to the network via respective leaf switches (host devices, FIG. 2 #204, 231, 232, 245 attached respectively to edge switches 210, 230, 240 [0034, 0035]
Kreeger does not expressly disclose “providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network; upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths”
Fee discloses providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network (Network Operation Center (NOC) as management entity maintaining switch state tables [0026, 0031, 0032]
upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths (network initiation or boot-up network condition mapped to stored port-connection actions in the switch state table with switches automatically use the switch state table, FIG. 3, to reconfigure upon triggering event [0040-0042]
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 “providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network; upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Kreeger’s system with the motivation to enable a switch to rely on a switch state table after restart/initiation to recover configuration (Fee, paragraph [0040-0042], FIG. 3)
Claim 1 is rejected based on similar ground(s) provided in rejection of claim 15.
Regarding claims 2, 9, 16, Kreeger does not expressly disclose “prior to routing the network, determining, by the management entity, a match in network topology of the restarted network as compared to a prior topology of the network”
Fee discloses decision in block, FIG. 4 #106, determine whether changes in network such as topology or configuration changes are present, if so recalculate or refresh, if not proceed to next block [0044, 0045]
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 “providing a network, the network comprising a plurality of switches and a data structure maintained by a management entity of the network; upon a restart of the network, routing, by the management entity of the network, paths for a plurality of nodes of the network based upon the stored set of leaf-switch to leaf-switch multipaths” as taught by Fee into Kreeger’s system with the motivation to enable a switch to check for changes in topology prior to routing to minimize routing error.
Regarding claims 3, 10, 17, Kreeger discloses “wherein the routing, by the management entity, comprises: updating at least one linear forwarding table of the network” SFT is updated if a switch goes down, new shortest path computations are made and SFTs are updated accordingly [0011, 0045, 0046]
Regarding claims 5, 12, 19, Kreeger discloses “wherein each of the linear forwarding tables is provided, respectively, at a switch of the plurality of switches” each core switch and edge switch has an SFT [0043, 0044]
Claims 4, 6, 7, 11, 13, 14, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kreeger in view of Fee as applied to claims 1, 8, 15 and in further view of Qu et al (USPN 2013/0266019).
Regarding claims 4, 11, 18, Kreeger discloses SFTs are updated if a switch goes down, new shortest path computations are made and SFTs are updated accordingly [0011, 0045, 0046]
Combined system of Kreeger and Fee 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 Kreeger and Fee 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 6, 13, Kreeger discloses “wherein a plurality of switches comprises at least one physical switch” physical switches [0043, 0044]
Combined system of Kreeger and Fee 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 Kreeger and Fee 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, Fee discloses “wherein the data structure comprises a persisten virtual memory structure allocated by the management entity” NOC includes a computer or database of network, switch state table stored in memory [0031, 0037-0039]
Regarding claim 20, Fee discloses “wherein the data structure comprises a persisten virtual memory structure allocated by the management entity” NOC includes a computer or database of network, switch state table stored in memory [0031, 0037-0039]
Combined system of Kreeger and Fee 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 Kreeger and Fee 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.
Bogdanski et al (USPN 20130301645) FIG. 6
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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.
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/THAI NGUYEN/Primary Examiner, Art Unit 2469
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