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 with respect to claims 1-10 have been considered but are moot due to a new ground of rejection.
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 1-10 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), and further in view of Mirza (US 2018/0287930 A1).
Regarding claim 1, Guo discloses a monitoring device (102) comprising: processing circuitry (704) configured to set a first node (232 or 804a) to copy a first packet (204) in user communication to generate a second packet for determining switching from a first route to a second route as a destination candidate route (fig. 2A; paragraph [0051]-[0054]); set the first node to, enable an In-band Network Telemetry (INT) setting of the first packet and the second packet (e.g. figs. 2C-2D, 3-5, 8; paragraph [0029]-[0033]; [0042]; [0047]-[0048]; [0053]-[0054]; [0057]-[0062]; [0065]; [0073]; [0078]-[0079]; enable to set the in band telemetry data or information as latency, jitter, loss, and so on); set the first node to transmit the first packet through the first route and the second packet through the second route (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) information of the first packet and the second packet, where the second node is on a reception side that accommodates the first route and the second route (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 set the second node to collect INT information of the copied packet; set the second node to discard the second packet, and acquire the INT information of the first packet and the second packet from the second node.
Song teaches set the second node to collect INT information of 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).
Song does not teach set the second node to discard the second packet.
Mirza teaches set the second node to discard the second packet (paragraph [0013]; [0027]; and [0044]-[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use set the second node to collect INT information of the copied packet; set the second node to discard the second packet, and acquire the INT information of the first packet and the second packet from the second node as taught by Song and Mirza into Guo in order to increase accuracy, efficiency, to reduce congestion, and to improve rate of communication.
Regarding claim 2, Guo further discloses comprising: processing circuitry configured to visualize communication quality of the 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.
Regarding claim 5, Guo discloses the processor further configured to execute operations comprising: setting, based on the acquired INT information, the first node to switch from the first route to the second route as a destination route (figs. 2A, 8; paragraph [0051]-[0054]; and so on).
Regarding claim 6, Guo discloses the processor further configured to execute operations comprising: setting the first node to enable the INT setting of the second packet subsequent to the switch from the first route to the second route (e.g. figs. 2C-2D, 3-5, 8; paragraph [0029]-[0033]; [0042]; [0047]-[0048]; [0053]-[0054]; [0057]-[0062]; [0065]; [0073]; [0078]-[0079]); setting the first node to transmit the second packet over both the first route as an updated destination candidate route and the second route setting the second node for the second packet received respectively from the first and second routes (figs. 2A, 8; paragraph [0051]-[0054]; and etc.); acquiring another INT information of the second packet from the second node (figs. 2A, 8; paragraph [0051]-[0054]; and etc.); presenting, based on the acquired said another INT information, communication quality information of at least the first route (paragraph [0015]; [0022]-[0024]; [0026]-[0035]; [0054]; [0073]-[0076]; and so on).
Guo does not explicitly disclose the setting the second node is to discard the second packet, and acquiring another INT information of the second packet from the second node.
Song teaches acquiring another INT information of the second packet from the second node (paragraph [0004]; [0013]; [0041]; [0044]; [0047]-[0049]; and so on).
Song does not teach the setting the second node is to discard the second packet.
Mirza teaches the setting the second node is to discard the second packet (paragraph [0013]; [0027]; and [0044]-[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the setting the second node is to discard the second packet, and acquiring another INT information of the second packet from the second node as taught by Song and Mirza into Guo in order to increase accuracy, efficiency, to reduce congestion, and to improve rate of communication.
Regarding claim 7 and 9, Guo further discloses comprising: setting, based on the acquired INT information, the first node to switch from the first route to the second route as a destination route (e.g. figs. 2C-2D, 3-5, 8; paragraph [0029]-[0033]; [0042]; [0047]-[0048]; [0051]-[0054]; [0057]-[0062]; [0065]; [0073]; [0078]-[0079]).
Regarding claim 8 and 10, Guo further discloses comprising: setting the first node to enable the INT setting of the second packet (e.g. figs. 2C-2D, 3-5, 8; paragraph [0029]-[0033]; [0042]; [0047]-[0048]; [0051]-[0054]; [0057]-[0062]; [0065]; [0073]; [0078]-[0079]); setting the first node to transmit the second packet over both the first route as an updated destination candidate route and the second route subsequent to the switch from the first route to the second route (figs. 2A, 8; paragraph [0051]-[0054]; and etc.); acquiring another INT information of the second packet from the second node (paragraph [0042]; [0047]; [0053]-[0054]; [0058]-[0062]; [0065]-[0067]; [0073]; [0078]-[0079]; and etc.); and presenting, based on the acquired said another INT information, communication quality information of at least the first route (paragraph [0073]-[0076]; [0015]; [0026]-[0033]; and etc.).
Guo does not explicitly disclose the setting of the second node is to discard the second packet received respectively from the first and second routes.
Mirza teaches the setting of the second node is to discard the second packet received respectively from the first and second routes (paragraph [0013]; [0027]; and [0044]-[0045]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use the setting of the second node is to discard the second packet received respectively from the first and second routes as taught by Mirza into Guo in order to improve rate of communication.
Conclusion
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 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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, HUY D VU can be reached at (571)272-3155. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KIBROM T HAILU/Primary Examiner, Art Unit 2461
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