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 .
1. This action is responsive to the application filed on 02/29/2024.
2. Claims 1 – 20 are pending.
3. Claims 1 – 20 are rejected.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
“the network orchestrator configured to render…”
in claim 1,
“the application orchestrator discovery component further configured to: determine…”
in claim 2,
“an application orchestrator discovery component configured to determine …”
in claim 8,
“a plurality of application watch components configured to obtain…”
in claim 8,
“a network state propagation component configured to provide …”
in claim 8,
“an application orchestrator discovery component configured to determine…”
in claim 9,
“a first application watch component configured to: obtain…”
in claim 9,
“a first application watch component configured to: provide…”
in claim 9,
“a network state propagation component configured to provide…”
In claim 9,
“the application orchestrator discovery component is further configured to: determine…”
in claim 10,
“a second application watch component configured to: obtain…”
in claim 13,
“an orchestrator discovery component configured to determine…”
in claim 15,
“a first application watch component configured to: obtain”
in claim 15,
“a first application watch component configured to: provide”
in claim 15,
“a network state propagation component configured to provide…”
in claim 15,
“application orchestrator discovery component is further configured to: determine…”
in claim 16,
“a second application watch component configured to: obtain…”
in claim 17,
“a second application watch component configured to: provide…”
in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof (Specification of instant application, Fig 5, Paragraphs 0060-0064, 0074).
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kavya G. et al (US 20220407816 A1), hereinafter “G.”.
Regarding Claim 1, G. discloses a method performed by an application monitoring system associated with a network orchestrator (G., Abstract, orchestrator managing resources and services), the method comprising:
determining a presence of an application orchestration system for orchestrating applications (G., Paragraphs 0022, 0029, replica scheduling using a container orchestrator);
obtaining, from the application orchestration system, configuration data associated with an application orchestrated by the orchestration system (G., Paragraph 0023, resource utilization module of the container orchestrator obtains information related to the link utilization of ingress and egress traffic between services on the nodes);
obtaining, from the application orchestration system, state information associated with the application (G., Paragraph 0022, container orchestrator includes a network resource (NR) aware replica scheduler and obtains resource specification used by the NR aware replica scheduler to schedule container or replicas onto the nodes);
providing, to the network orchestrator, the configuration data and the state information, the network orchestrator configured to render a network optimization for traffic of the application based on the configuration data and the state information (G., Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics);
and providing, to the application orchestration system, network state information associated with the network optimization (G., Paragraphs 0035-0036, determining when to scale network resources based on requests and replicas. Paragraph 0095, optimize resource use by leveraging a metering capability at some level of abstraction appropriate to the type of service).
Regarding Claim 2, G. discloses the method of claim 1 above, wherein the presence of the application orchestration system is determined by an application orchestrator discovery component of the application monitoring system, the application orchestrator discovery component further configured to:
determine how to connect to the orchestration system (G., Paragraph 0029, replica scheduling is performed by the NR aware replica of the container orchestrator);
and determine how to obtain application-related information from the orchestration system (G., Paragraph 0035, container orchestrator is used for collaboratively schedule requests and replicas. Paragraphs 0066-0067, collaboration between container orchestrators and container clusters).
Regarding Claim 3, G. discloses the method of claim 1 above, wherein the configuration data is egress traffic configuration data relating to egress traffic flowing out of application hosting infrastructure associated with the application and to an external endpoint (G., Paragraph 0022, resource utilization module obtains information related to the link utilization of ingress and egress traffic between services on the nodes. Paragraph 0033, each node also includes respective resource monitors that monitor ingress and egress traffic between the services).
Regarding Claim 4, G. discloses the method of claim 1 above, wherein the configuration data is ingress traffic configuration data relating to ingress traffic flowing into application hosting infrastructure associated with the application and from an external endpoint (G., Paragraph 0022, resource utilization module obtains information related to the link utilization of ingress and egress traffic between services on the nodes. Paragraph 0033, each node also includes respective resource monitors that monitor ingress and egress traffic between the services).
Regarding Claim 5, G. discloses the method of claim 1 above, wherein the state information associated with the application comprises replica state information indicative of a number of replicas of the application that are orchestrated by the orchestration system (G., Paragraph 0017, In container-based deployments, the container orchestrator typically is responsible for replica scheduling and request scheduling. Generally, replicas refer to different instances of a service, and replica scheduling refers to deploying the replicas on worker nodes. Paragraph 0020, container orchestrator schedules one or more of: new replicas for an existing service and incoming requests to services. Paragraph 0022, container orchestrator schedules containers (or replicas) onto the nodes. Paragraph 0026, SSNRD includes a plurality of fields, which may include, for example: a source service, a destination service, an expected replica count of each service, etc.).
Regarding Claim 6, G. discloses the method of claim 1 above, wherein the configuration data is obtained by a configuration monitoring component of the application monitoring system (G., Paragraph 0022, resource utilization module obtains information related to the link utilization of ingress and egress traffic between services on the nodes. Paragraph 0033, each node also includes respective resource monitors that monitor ingress and egress traffic between the services).
Regarding Claim 7, G. discloses the method of claim 1 above, wherein the configuration data comprises egress traffic configuration data and ingress traffic configuration data associated with the application, the egress traffic configuration data obtained by an egress configuration monitoring component of the application monitoring system, the ingress traffic configuration data obtained by an ingress configuration monitoring component of the application monitoring system (G., Paragraph 0022, resource utilization module obtains information related to the link utilization of ingress and egress traffic between services on the nodes. Paragraph 0033, each node also includes respective resource monitors that monitor ingress and egress traffic between the services).
Regarding Claim 8, G. discloses the method of claim 1 above, wherein the application monitoring system comprises:
an application orchestrator discovery component configured to determine the presence of the application orchestration system (G., Paragraphs 0022, 0029, replica scheduling using a container orchestrator);
a plurality of application watch components configured to obtain, and provide to the network orchestrator, the configuration data and the state information (G., Paragraph 0022, container orchestrator includes a network resource (NR) aware replica scheduler and obtains resource specification used by the NR aware replica scheduler to schedule container or replicas onto the nodes. Paragraph 0023, resource utilization module of the container orchestrator obtains information related to the link utilization of ingress and egress traffic between services on the nodes. Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics);
and a network state propagation component configured to provide the network state information to the application orchestration system (G., Paragraphs 0035-0036, determining when to scale network resources based on requests and replicas. Paragraph 0095, optimize resource use by leveraging a metering capability at some level of abstraction appropriate to the type of service).
Regarding Claim 9, G. discloses an application monitoring system (G., Abstract, orchestrator managing resources and services) comprising:
a processor (G., Paragraph 0072, processor);
memory communicatively coupled to the processor (G., Paragraph 0073, memory associated with a processor or CPU);
an application orchestrator discovery component configured to determine a presence of an application orchestration system for orchestrating applications (G., Paragraphs 0022, 0029, replica scheduling using a container orchestrator);
a first application watch component configured to:
obtain, from the application orchestration system, configuration data associated with an application orchestrated by the orchestration system (G., Paragraph 0023, resource utilization module of the container orchestrator obtains information related to the link utilization of ingress and egress traffic between services on the nodes);
and provide, to a network orchestrator, the configuration data, the configuration data to be utilized by the network orchestrator to render a network optimization for traffic of the application (G., Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics);
and a network state propagation component configured to provide, to the application orchestration system, network state information associated with the network optimization (G., Paragraphs 0035-0036, determining when to scale network resources based on requests and replicas. Paragraph 0095, optimize resource use by leveraging a metering capability at some level of abstraction appropriate to the type of service).
Regarding Claim 10, this claimed limitation is the same as the limitation addressed to Claim 2 above. Therefore, it is rejected under the same rationale.
Regarding Claim 11, this claimed limitation is the same as the limitation addressed to Claim 3 above. Therefore, it is rejected under the same rationale.
Regarding Claim 12, this claimed limitation is the same as the limitation addressed to Claim 4 above. Therefore, it is rejected under the same rationale.
Regarding Claim 13, G. discloses the application monitoring system of claim 9 above, further comprising a second application watch component configured to:
obtain, from the application orchestration system, state information associated with the application (G., Paragraph 0022, container orchestrator includes a network resource (NR) aware replica scheduler and obtains resource specification used by the NR aware replica scheduler to schedule container or replicas onto the nodes);
and provide, to the network orchestrator, the state information for rendering the network optimization for the traffic of the application (G., Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics).
Regarding Claim 14, this claimed limitation is the same as the limitation addressed to Claim 5 above. Therefore, it is rejected under the same rationale.
Regarding Claim 15, G. discloses an application monitoring system comprising:
a processor (G., Paragraph 0072, processor);
memory communicatively coupled to the processor (G., Paragraph 0073, memory associated with a processor or CPU);
an orchestrator discovery component configured to determine a presence of an application orchestration system for orchestrating applications (G., Paragraphs 0022, 0029, replica scheduling using a container orchestrator);
a first application watch component configured to:
obtain, from the application orchestration system, state information associated with an application orchestrated by the orchestration system (G., Paragraph 0023, resource utilization module of the container orchestrator obtains information related to the link utilization of ingress and egress traffic between services on the nodes);
and provide the state information to a network orchestrator for utilization in rendering a network optimization for traffic of the application (G., Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics);
and a network state propagation component configured to provide, to the application orchestration system, network state information associated with the network optimization (G., Paragraphs 0035-0036, determining when to scale network resources based on requests and replicas. Paragraph 0095, optimize resource use by leveraging a metering capability at some level of abstraction appropriate to the type of service).
Regarding Claim 16, this claimed limitation is the same as the limitation addressed to Claim 2 and Claim 110 above. Therefore, it is rejected under the same rationale.
Regarding Claim 17, G. discloses the application monitoring system of claim 15 above, further comprising a second application watch component configured to:
obtain, from the application orchestration system, configuration data associated with the application (G., Paragraph 0023, resource utilization module of the container orchestrator obtains information related to the link utilization of ingress and egress traffic between services on the nodes);
and provide the configuration data to the network orchestrator for utilization in rendering the network optimization for the traffic of the application (G., Paragraphs 0034-0035, container orchestrator schedule requests and replicas. Traffic is spread out between the replicas, such that each replicas have equal traffics).
Regarding Claim 18, this claimed limitation is the same as the limitation addressed to Claim 3 and Claim 11 above. Therefore, it is rejected under the same rationale.
Regarding Claim 19, this claimed limitation is the same as the limitation addressed to Claim 4 and Claim 12 above. Therefore, it is rejected under the same rationale.
Regarding Claim 20, this claimed limitation is the same as the limitation addressed to Claim 5 and Claim 14 above. Therefore, it is rejected under the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All the references listed on 892 are related to the subject matter of optimizing network traffic using an orchestrator.
Some of the prior art include:
US 12210898 B1, US 20200322262 A1, and US 20210019194 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAVIER O GUZMAN whose telephone number is (571)270-0588. The examiner can normally be reached Monday - Friday 8 am to 4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Brian J Gillis can be reached at 571-272-7952. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAVIER O GUZMAN/ Primary Examiner, Art Unit 2446