DETAILED ACTION
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 Amendment
This office action is in response to applicant’s amendment and RCE filed, 06 March 2026, of application filed, with the above serial number, on 29 April 2024 in which claims 1-6, 13-18 and 21 have been amended, claim 22 cancelled, and claim 23 has been added. Claims 1-18, 21, 23 are pending in the application.
Claim Objections
Claim 21 is objected to because of the following informalities: The claim marking indicates the claim is not amended, however it appears some claim text was removed with the registered trademark insertion. Appropriate correction is required.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 and 21, 23 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. It is indefinite how the management controller is a separate physical computing device from the data processing system while also “installed in a data processing system” while also being “physically installed within a chassis or a housing of the data processing system”. It is not clear how a device is able to be physically separate while physically (installed) within another device.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-18, 21, 23 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Ballard et al (hereinafter “Ballard”, 2017/0187633).
As per Claim 1, Ballard discloses a method comprising:
obtaining, by a management controller installed in a data processing system and from a remote cloud server via an out-of-band communication channel, a data request indicating that: the management controller is an intermediate destination, and a dependent data processing system operably connected to the management controller via a point-to-point communication link is a final destination (at least paragraph 38; incoming network traffic to host system 98, a network packet may include a destination address (e.g., an IP address) of a dummy NIC rather than the IP address for management traffic of management controller 112. Using NAT, the dummy IP address may be converted to an IP address of USB NIC 210 by reference to IP conversion table 122, and thus, such packet may be routed from network interface 118 to USB NIC 210 via USB NIC 208),
wherein the dependent data processing system is a first computing device, the data processing system is a second computing device, the management controller is a third computing device, and the remote cloud server is a fourth computing device, wherein the first computing device, the second computing device, the third computing device, and the fourth computing device are all separate physical computing devices, wherein the management controller is physically installed within a chassis or a housing of the data processing system while the dependent data processing system is physically disposed external to the chassis or the housing of the data processing system, and wherein the dependent data processing system is dependent on the management controller or the data processing system for communicating with the remote cloud server (at least Fig. 2; par. 35; host system 98 physically separate from management controller 112, connected via USB and having independent operating system 106; host system 98 is a physically (physical device 1) separate device from management controller 112 (physical device 2; see par. 17: management controller is a coupled to processor 103 and physically separate), that are physically installed in housing of information handling system 102 (physical device 3; see par. 17: 102 is a personal computer) and communicating with an externally-coupled data network (physical device 4) connected via USB and having independent operating system 106; physical device host system 98 is connected externally via USB to physical device management controller 112. Fig. 2 clearly shows host system 98 is dependent on management controller 112 being intermediate in order for communication on network interface 118);
based on the management controller not being the final destination for the data request, identifying, by the management controller, the point-to-point communication link based on the dependent data processing system being the final destination (at least paragraph 38; incoming network traffic to host system 98, a network packet may include a destination address (e.g., an IP address) of a dummy NIC rather than the IP address for management traffic of management controller 112. Using NAT, the dummy IP address may be converted to an IP address of USB NIC 210 by reference to IP conversion table 122, and thus, such packet may be routed from network interface 118 to USB NIC 210 via USB NIC 208); and
forwarding, by the management controller and using the point-to-point communication link, the data request to the dependent data processing system to facilitate cooperative provisioning of a computer implemented service provided, at least in part, by the dependent data processing system (at least paragraph 38; incoming network traffic to host system 98, a network packet may include a destination address (e.g., an IP address) of a dummy NIC rather than the IP address for management traffic of management controller 112. Using NAT, the dummy IP address may be converted to an IP address of USB NIC 210 by reference to IP conversion table 122, and thus, such packet may be routed from network interface 118 to USB NIC 210 via USB NIC 208).
As per Claim 2. The method of claim 1, wherein the data processing system comprises a single network module that is shared by both of the management controller and hardware resources of the data processing system, the single network module being adapted to separately advertise network endpoints for the management controller and the hardware resources to the remote cloud server, and the single network module being a separate component that is not part of components that make up either the hardware resources or the management controller (at least Fig. 1, 2, par. 23, 27, 31, 38-39; Management controller 112 may include a processor 113, memory 114, and a management network interface 118 separate from and physically isolated from data network interface 108 (hardware resources may be processor 113); network interface 108 in-band and 118 out-of-band connected via bridge module; a single bridge module 116 that is bridging communication between the management controller and network 118 and the host; a Level 2 bridge in a Level 2 layer/data link layer of the Internet Protocol suite or another networking suite) between network interface 118 and USB network interface module 120; MAC VLAN 124 and IP conversion table 122 that have eg. dummy IP addresses that are usable by external entities to be routed to USB device(s) via NAT).
As per Claim 3. The method of claim 2, wherein the management controller and the single network module are on separate power domains from the hardware resources so that the management controller and the network module are operable while the hardware resources are inoperable (at least paragraph 23; management may be made by management controller 112 even if information handling system 102 is powered off or powered to a standby state; DRAC).
As per Claim 4. The method of claim 2, wherein the out-of-band communication channel runs through the single network module, and an in-band communication channel that services the hardware resources also runs through the network module (at least Fig. 1, 2).
As per Claim 5. The method of claim 2, wherein the single network module hosts a transmission control protocol/internet protocol (TCP/IP) stack to facilitate network communications via the out-of-band communication channel (at least paragraph 20, 38).
As per Claim 6. The method of claim 1, wherein the data request is obtained from a remote cloud server, the remote cloud server and the data processing system being operably connected to each other via a network, and the remote cloud server is not operably connected to the dependent data processing system by any wide area or telecommunications-based networks (at least paragraph 38; incoming network traffic to host system 98; Fig. 2).
As per Claim 7. The method of claim 6, wherein the intermediate destination is a bridge for communications between the remote cloud server and the dependent data processing system (at least paragraph 38; bridge module).
As per Claim 8. The method of claim 1, wherein identifying the point-to-point communication link comprises: obtaining, by the management controller, a payload from the data request; identifying, by the management controller, a header in the payload; using, by the management controller, presence of an identifier of the final destination in the payload; and based on the identifier, identifying the point-to-point communication link (at least paragraph 37-38).
As per Claim 9. The method of claim 8, wherein the point-to-point communication link is identified by using the identifier as a key for a lookup, the lookup being performed using a lookup data structure that associates different final destinations with different point-to-point communication links, and the different point-to-point communication links operably connecting the management controller to dependent data processing systems (at least paragraph 37-38; eg. IP conversion table).
As per Claim 10. The method of claim 9, wherein the point-to-point communication link is a direct communication link that allows transmission of information between the management controller and the dependent data processing system without using any wide area or telecommunications-based networks (at least Fig. 2).
As per Claim 11. The method of claim 1, wherein the data request comprises a payload, and a header identifying a first portion of the payload being additional control information indicating the final destination and a second portion of the payload being the requested data (at least paragraph 37-38; network packet).
As per Claim 12. The method of claim 11, wherein forwarding the data request comprises: extracting, by the management controller, the final destination from the payload to identify the point-to-point communication link associated with the final destination; removing, by the management controller, the header and the first portion of the payload to obtain a modified data request; and providing, by the management controller and via the out-of-band communication channel, the modified data request and the point-to-point communication link to a network module (at least paragraph 37-38; IP conversion table with network packet routed from management controller to USB NIC using NAT).
As per Claim 13. The method of claim 1, further comprising: prior to obtaining the data request: obtaining, by the management controller and via the point-to-point communication link, an identity of the dependent data processing system; and providing, by the management controller and via the out-of-band communication channel, the identity of the dependent data processing system to a remote cloud server for the management controller to be, as a proxy for the dependent data processing system, a facilitator of future communications between the dependent data processing system and the remote cloud server while the dependent data processing system and the remote cloud server are not directly connected to one another via any wide area or telecommunications-based networks (at least paragraph 23-24, 35, 38; processor coupled to USB; BMC or DRAC allowing remote management).
As per Claim 21. The method of claim 2, wherein the single network module is adapted to separately advertise network endpoints for the management controller and the hardware resources such that first network communications directed to the hardware resources never flow through the management controller and second network communications directed to the management controller never flow through the hardware resources (at least paragraph 32, 21; in band network communication vs out of band communication; Fig. 1: management network 118 going to controller 112 vs data network via 108 going to hardware; par. 38-39: using NAT for addressing and MAC VLAN to route endpoint IP addresses).
As per Claim 23. The method of claim 1, wherein the data processing system comprises a first processor that is part of hardware resources of the data processing system, the management controller comprises a second processor, and the dependent data processing system comprises a third processor, and the first processor, the second processor, and the third processor are all separate processors (at least Fig. 1, par. 21; processor 103, processor 113, eg. NIC 108 having dedicated controller chip/ processor).
Response to Arguments
Applicant's arguments filed 06 March 2026 have been fully considered but they are not persuasive.
Applicant argues that Ballard does not disclose the amended limitations reciting three separate physical computing devices with the configuration and dependency as claimed.
However, as outlined in the 112 Rejection, it is not clear how a device installed in a chassis of a device is physically separate (The specification does not describe a “housing”). Nonetheless, Ballard shows in at least Fig. 1-2, par. 35 that host system 98 is a physically (physical device 1) separate device from management controller 112 (physical device 2; see par. 17: management controller is a coupled to processor 103 and physically separate), that are physically installed in housing of information handling system 102 (physical device 3; see par. 17: 102 is a personal computer) and communicating with an externally-coupled data network (physical device 4) connected via USB and having independent operating system 106. And as shown in Fig. 2, physical device host system 98 is connected externally via USB to physical device management controller 112. Fig. 2 clearly shows host system 98 is dependent on management controller 112 being intermediate in order for communication on network interface 118.
Ballard also teaches in par. 35 that external devices be on external networks ‘bridge module 116 may implement a bridge between network interface 118 and USB network interface module 120 and thus may enable operating system 106 executing on host system 98 to communicate with an externally-coupled data network via management controller 112 without impacting management traffic of management controller 112. Thus, if network interface 108 is not suitable for coupling to an available network or is not otherwise used for data communication, bridge module 116 may enable a communications path for host system 98 to a network externally coupled via management controller 112’. Lastly, Ballard describes that the management controller and interface 118 may be separate and physically isolated from host interface 108 and part of a BMC or Dell Remote Access Controller (par. 23).
Regarding claim 2, Applicant argues that Ballard does not disclose claim 2’s amended single network module being separate from management controller and hardware resources.
Applicant argues Ballard is completely silent to any embodiments where bridge module is separate while citing par. 27 that bridge module is integral to management controller. However, the first portion of par. 27 of the sentence Applicant cites but leaves out explicitly states that some embodiments have it be integral and thus some embodiments have it not be integral “In some embodiments, bridge module 116 may be integral to firmware or other software for carrying out the function of management controller 112…” (emphasis added). The hardware resources being claimed can be any other hardware not part of management controller including NIC 108. Ballard discloses multiple network interfaces, out of band 118 and in band 108 network interfaces (par. 32), and that these interfaces connect to a single bridge module 116 (par. 27) that is bridging communication between the management controller and network 118 and the host. Similarly, the instant application also shows in Fig. 1B single network module 160 having multiple interfaces 164 with respective connections via in band channel 170 to hardware and out of band 172 to controller 152, all part of data processing system 102.
See also cited Chaudhri, disclosing a wearable device 100 connected and paired to phone host device 102 via Bluetooth wherein some notifications are sent from a WAN to the host and addressed to the wearable when connected, else notified to host phone, for example (at least paragraph 13, 110, 115, 217, 274).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGORY TODD whose telephone number is (303)297-4763. The examiner can normally be reached 8:30-5 MST.
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, Nicholas Taylor can be reached at 571-272-3889. 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.
/GREGORY TODD/Primary Examiner, Art Unit 2443
Prosecution Insights