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 Objections
Claims 1-4 are objected to because of the following informalities:
The claims include the abbreviation, “INT” for ‘In-band Network Telemetry’. The abbreviation needs to be defined at least where it is mentioned for the first time.
Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 4 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim is directed to a monitoring program. However, as recited, the program is reasonably interpreted as entirely software (as also described in para. [0069] of the spec.), which amounts to a non-statutory descriptive material per se. The claim is directed to the monitoring program, and cited computer in the claim is generic. See MPEP § 2106.01.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (US 2021/0281514 A1) in view of Song et al. (US 2021/0084530 A1).
Regarding claim 1, Guo discloses a monitoring device (102) comprising: processing circuitry (704) configured to set a first node (232 or 804a) that is a node on a transmission side that switches a route of a packet (204) in user communication to copy the packet in the user communication, enable an INT setting (e.g. figs. 2C-2D, enable to set the in band telemetry data or information as latency, jitter, loss, and so on), and transmit the copied packet to each of routes that are switching destination candidates (paths 1-3) (figs. 2A, 8; paragraph [0051]-[0054], illustrating a network element or router at a transmission side is set that switches or selects a path based on the transmitting the same packet to each path, where the packet is telemetry packet including telemetry information); set a second node (234 or 806a) that is a node on a reception side that accommodates the routes that are switching destination candidates (figs. 2A, 8; paragraph [0051]-[0054], explaining that a network element or router at a reception end is set to receive the packet with telemetry information from each of the corresponding paths in performing the switching or selecting a path).
Guo does not explicitly disclose to collect INT information of the copied packet and discard the copied packet, and acquire the INT information of the copied packet from the second node.
Song teaches to collect INT information of the copied packet and discard the copied packet, and acquire the INT information of the copied packet from the second node (paragraph [0004]; [0013]; [0041]; [0044]; [0047]-[0049]; and so on).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use to collect INT information of the copied packet and discard the copied packet, and acquire the INT information of the copied packet from the second node as taught by Song into Guo in order to increase accuracy, efficiency, and to reduce congestion.
Regarding claim 2, Guo further discloses comprising: processing circuitry configured to visualize communication quality of each of the routes that are the switching destination candidates in the user communication based on the acquired INT information (paragraph [0047]; [0067]; [0069]; [0073]-[0077]; [0089]-[0090]).
Regarding claims 3-4, the claims include features identical to the subject matter mentioned in the rejection to claim 1. The claims are mere reformulation of claim 1 in order to define the corresponding method, and a monitoring program, and the rejection to claim 1 is applied hereto.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIBROM T HAILU whose telephone number is (571)270-1209. The examiner can normally be reached M-F 8:00 AM to 5:30 PM.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461