Prosecution Insights
Last updated: April 19, 2026
Application No. 18/649,223

MANAGING TELEMETRY DATA USING A MANAGEMENT CONTROLLER

Non-Final OA §102
Filed
Apr 29, 2024
Examiner
THIEU, BENJAMIN M
Art Unit
2441
Tech Center
2400 — Computer Networks
Assignee
DELL PRODUCTS, L.P.
OA Round
1 (Non-Final)
84%
Grant Probability
Favorable
1-2
OA Rounds
2y 7m
To Grant
99%
With Interview

Examiner Intelligence

Grants 84% — above average
84%
Career Allow Rate
513 granted / 611 resolved
+26.0% vs TC avg
Strong +16% interview lift
Without
With
+15.9%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
12 currently pending
Career history
623
Total Applications
across all art units

Statute-Specific Performance

§101
11.7%
-28.3% vs TC avg
§103
41.7%
+1.7% vs TC avg
§102
21.0%
-19.0% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 611 resolved cases

Office Action

§102
DETAILED ACTION This Office Action is in response to the original filing of April 29, 2024. Claim(s) 1-20 is/are pending and have been considered as follows. 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 . 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. Information Disclosure Statement The information disclosure statement (IDS) submitted on 4/29/2024 & 9/4/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. 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. Claim(s) 1-5 and 7-20 is/are rejected under 35 U.S.C. 102(a)(2) as being (a)(2) by anticipated by Slaight et al. (US 2017/0353367 A1, hereinafter Slaight). As to Claim 1, Slaight discloses a method of managing an endpoint device that comprises sub-systems, the method comprising: obtaining, by a management controller of the endpoint device, telemetry data from a plurality of sensors, the telemetry data indicating operation of the sub-systems and the telemetry data being obtained via a data transmission path that excludes the sub-systems ((Slaight; [0012, 0016, 0021], where Slaight discloses a management controller to obtain telemetry data from a plurality of sensors (i.e. network components).); aggregating, by the management controller, the telemetry data to obtain aggregated telemetry data ((Slaight; [0012; 0023]), where Slaight discloses aggregating the telemetry data.); and providing, by the management controller and via an out of band communication channel, the aggregated telemetry data to a remote server ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.). As to Claim 2, Slaight discloses the method of claim 1, further comprising: obtaining, by the management controller and via the out of band communication channel, a response to the aggregated telemetry data ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.); and providing, by the management controller, computer-implemented services based at least in part on the response ((Slaight; [0079-0080, 0085]), where Slaight disclose performing operations to the components of the system.). As to Claim 3, Slaight discloses the method of claim 1, wherein the sub-systems comprise at least one device selected from a list of devices consisting of: a first device that provides a first portion of the telemetry data to the management controller via a physical interface (Slaight; [0015, 0016, 0023]); a second device that provides a second portion of the telemetry data to the management controller via a side band communication channel of the endpoint device (Slaight; [0012, 0013, 0075]); and a third device that provides a third portion of the telemetry data to the management controller via the out of band communication channel (Slaight; [0022]). As to Claim 4, Slaight discloses the method of claim 3, wherein the third device is located remote to the management controller and the third portion of the telemetry data is obtained from the third device according to a subscription selected by the management controller ((Slaight; Fig. 3; [0078-0079]), where Slaight discloses obtaining the telemetry data according to a subscription.). As to Claim 5, Slaight discloses the method of claim 1, wherein providing the aggregated telemetry data comprises: providing, by the management controller and via the out of band communication channel ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.), a first portion of the telemetry data to the remote server according to a subscription selected by the remote server ((Slaight; [0015, 0016, 0023]), where Slaight disclose providing the telemetry data.). As to Claim 7, Slaight discloses the method of claim 1, wherein the plurality of sensors is distributed across the sub-systems of the endpoint device (Slaight; [0016-0017]). As to Claim 8, Slaight discloses the method of claim 1, wherein the telemetry data is obtained when hardware resources of the endpoint device are unpowered (Slaight; [0016-0017]). As to Claim 9, Slaight discloses the method of claim 1, wherein the endpoint device comprises a network module adapted to separately advertise network endpoints for the management controller and hardware resources of the endpoint device, the network endpoints being usable by the remote server to address communications to the hardware resources and the management controller ((Slaight; [0078]), where Slaight discloses the ability to advertise (i.e. provide available data) regarding the network components.). As to Claim 10, Slaight discloses the method of claim 9, wherein the management controller and the 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 ((Slaight; [0030]), where Slaight discloses components are operable.). As to Claim 11, Slaight discloses the method of claim 9, wherein the out of band communication channel runs through the network module, and an in band communication channel that services the hardware resources also runs through the network module (Slaight; [0012, 0013, 0022]). As to Claim 12, Slaight discloses the method of claim 9, wherein the network module hosts a transmission control protocol/internet protocol (TCP/IP) stack to facilitate network communications via the out of band communication channel (Slaight; [0018, 0022]). As to Claim 13, Slaight discloses the method of claim 9, further comprising: prior to obtaining the telemetry data: advertising, by the management controller and via the out of band channel, access to operation data for the endpoint device ((Slaight; [0022, 0078]), where Slaight discloses performing out of band communication with the management controller and the ability to advertise (i.e. provide available data) regarding the network components.); obtaining, by the management controller and via the out of band channel, a subscription request from the remote server that is responsive to the advertising, the subscription request indicating that the remote server desires access to the operation data ((Slaight; Fig. 3; [0078-0079]), where Slaight discloses obtaining the telemetry data according to a subscription.); and establishing, by the management controller and based on the subscription request, a subscription for the aggregate telemetry data for the remote server ((Slaight; [0012; 0023]), where Slaight discloses aggregating the telemetry data.). As to Claim 14, Slaight discloses a non-transitory machine-readable medium having instructions stored therein, which when executed by a processor, cause the processor to perform operations for managing an endpoint device that comprises sub-systems, the operations comprising: obtaining, by a management controller of the endpoint device, telemetry data from a plurality of sensors, the telemetry data indicating operation of the sub-systems and the telemetry data being obtained via a data transmission path that excludes the sub-systems ((Slaight; [0012, 0016, 0021], where Slaight discloses a management controller to obtain telemetry data from a plurality of sensors (i.e. network components).); aggregating, by the management controller, the telemetry data to obtain aggregated telemetry data ((Slaight; [0012; 0023]), where Slaight discloses aggregating the telemetry data.); and providing, by the management controller and via an out of band communication channel, the aggregated telemetry data to a remote server ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.). As to Claim 15, Slaight discloses the non-transitory machine-readable medium of claim 14, further comprising: obtaining, by the management controller and via the out of band communication channel, a response to the aggregated telemetry data ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.); and providing, by the management controller, computer-implemented services based at least in part on the response ((Slaight; [0079-0080, 0085]), where Slaight disclose performing operations to the components of the system.). As to Claim 16, Slaight discloses the non-transitory machine-readable medium of claim 14, wherein the sub-systems comprise at least one device selected from a list of devices consisting of: a first device that provides a first portion of the telemetry data to the management controller via a physical interface (Slaight; [0015, 0016, 0023]); a second device that provides a second portion of the telemetry data to the management controller via a side band communication channel of the endpoint device (Slaight; [0012, 0013, 0075]); and a third device that provides a third portion of the telemetry data to the management controller via the out of band communication channel (Slaight; [0022]). As to Claim 17, Slaight discloses the non-transitory machine-readable medium of claim 16, wherein the third device is located remote to the management controller and the third portion of the telemetry data is obtained from the third device according to a subscription selected by the management controller ((Slaight; Fig. 3; [0078-0079]), where Slaight discloses obtaining the telemetry data according to a subscription.). As to Claim 18, Slaight discloses a data processing system, comprising: a processor (Slaight; [0030]); and a memory coupled to the processor to store instructions, which when executed by the processor, cause the processor to perform operations for managing an endpoint device that comprises sub-systems (Slaight; [0030]), the operations comprising: obtaining, by a management controller of the endpoint device, telemetry data from a plurality of sensors, the telemetry data indicating operation of the sub-systems and the telemetry data being obtained via a data transmission path that excludes the sub-systems ((Slaight; [0012, 0016, 0021], where Slaight discloses a management controller to obtain telemetry data from a plurality of sensors (i.e. network components).); aggregating, by the management controller, the telemetry data to obtain aggregated telemetry data ((Slaight; [0012; 0023]), where Slaight discloses aggregating the telemetry data.); and providing, by the management controller and via an out of band communication channel, the aggregated telemetry data to a remote server ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.). As to Claim 19, Slaight discloses the data processing system of claim 18, further comprising: obtaining, by the management controller and via the out of band communication channel, a response to the aggregated telemetry data ((Slaight; [0022]), where Slaight discloses performing out of band communication with the management controller.); and providing, by the management controller, computer-implemented services based at least in part on the response ((Slaight; [0079-0080, 0085]), where Slaight disclose performing operations to the components of the system.). As to Claim 20, Slaight discloses the data processing system of claim 18, wherein the sub-systems comprise at least one device selected from a list of devices consisting of: a first device that provides a first portion of the telemetry data to the management controller via a physical interface (Slaight; [0015, 0016, 0023]); a second device that provides a second portion of the telemetry data to the management controller via a side band communication channel of the endpoint device (Slaight; [0012, 0013, 0075]); and a third device that provides a third portion of the telemetry data to the management controller via the out of band communication channel (Slaight; [0022]). Allowable Subject Matter Claim(s) 6 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892. The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application. When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c). Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST. 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, Brian 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. 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. /BENJAMIN M THIEU/Primary Examiner, Art Unit 2441 2.6.2026
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Prosecution Timeline

Apr 29, 2024
Application Filed
Feb 07, 2026
Non-Final Rejection — §102 (current)

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Prosecution Projections

1-2
Expected OA Rounds
84%
Grant Probability
99%
With Interview (+15.9%)
2y 7m
Median Time to Grant
Low
PTA Risk
Based on 611 resolved cases by this examiner. Grant probability derived from career allow rate.

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