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 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 1, 9, 17 rejected under 35 U.S.C. 101 because
the claimed invention is directed to an abstract idea without significantly more. The claim(s) recite(s)
identify configuration information of a first constituent element which is a constituent element in which an anomaly has occurred;
identify a second constituent element which is a constituent element that is related to configuration information including information common to the configuration information of the first constituent element, from the stored configuration information
These limitations of identify configuration information of a first constituent element which is a constituent element in which an anomaly has occurred, and identify a second constituent element which is a constituent element that is related to configuration information including information common to the configuration information of the first constituent element, from the stored configuration information can be practically performed in the mind with the help of the data provided. That is, other than reciting “at least one processor configured to execute the instructions to” nothing in the claim element precludes the step from practically being performed in the mind. Identifying any data or configuration that has issue or deviation from standard configuration can be detected by a person of ordinary skill with standard data or configuration available.
If a claim limitation, under its broadest reasonable interpretation, covers performance of the limitation in the mind but for the recitation of generic computer components. That is other than reciting by a processor, nothing in the claim element precludes the step from practically performed in the mind. therefore, it falls within the “Mental Processes” grouping of abstract ideas. Accordingly, the claim 11 and 17 recites an abstract idea. And dependent claims.
Furthermore, claim recites a memory storing instructions and store configuration information that is related to each constituent element of a system and indicates a configuration of each of the constituent elements is insignificant extra solution of abstract idea. [Mpep: See MPEP 2106.05(d): Receiving or transmitting data over a network, e.g., using the Internet to gather data, Symantec, 838 F.3d at 1321, 120 USPQ2d at 1362 (utilizing an intermediary computer to forward information) and storing and retrieving information in memory, Versata Dev. Group, Inc. v. SAP Am., Inc.
This judicial exception is not integrated into a practical application. The claim only recites additional elements – using a processor to execute instruction and storing instructions. The processor in either step is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of executing instruction. Accordingly, these additional element does not integrate the abstract idea into a practical application because it does not impose any meaningful limits on practicing the abstract idea. The abstract idea, here, is not used to improve technology but to store instruction and execute the instruction. The claim limitations do not improve technology for the practical application and claims is directed to an abstract idea and is ineligible.
Similarly dependent claims 2-8 comprises identifying and storing instructions and determining and insignificant extra solution which makes a mental process.
Similarly, independent claims 9, 17 are directed to abstract idea and are ineligible as reasoning provided claim 1 supra.
Similarly dependent claims claim 10-16, and 18-24 comprises identifying and storing instructions and determining and insignificant extra solution which makes a mental process.
Claim Objections
Claim 17 objected to because of the following informalities:
“A computer-readable storage medium non-transitorily storing a program”. Claim limitation does not provide proper meaning and suggested to make “A non- transitory computer-readable storage medium
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 4-5, 9, 12-13,17, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vittal et al [20220374324], in view of Verma [20210311461]
As to claim 1,
Vittal et al [20220374324] management device comprising:
a memory storing instructions; and at least one processor configured to execute the instructions to [0048: “The function, operation, or sequence of operations may be hard coded into the electronic circuit or soft coded by way of instructions held in a memory device ”] :The topology may include data identifying or describing any one or more components of a service, such as programs, functions, applications or microservices used to provide the service. The topology may include parameters, configuration data and/or metadata about any portion of the topology, such as any element of the topology.” and 0083: “appliance cluster 400 may be coupled to a first network 104(1) via client data plane 402, for example to transfer data between clients 102 and appliance cluster 400. Client data plane 402 may be implemented a switch, hub, router, or other similar network device internal or external to cluster 400 to distribute traffic across the nodes of cluster 400.”];
identify configuration information of a first constituent element which is a constituent element in which an anomaly has occurred [0132: “the device may monitor the topology, microservices or elements of the service graph for any anomalies. Anomalies may or may not be detected. The device may detect an anomaly with operation of one or more microservices of the plurality of services. The device may detect an anomaly with operation of elements of the topology. In some implementations, a service graph monitor may detect an anomaly based on the metrics monitored at step 620. The service graph monitor may detect the anomaly responsive to changes in metrics of the service and/or microservices. ”- anomalies may be detected]; and
second constituent element which is a constituent element that is related to configuration information including information common to the configuration information of the first constituent element [0082: “cluster 400 may be considered a virtual appliance, grouped via common configuration, management, and purpose, rather than as a physical group.”], from the stored configuration information [0084: “Appliance cluster 400 may be coupled to a second network 104(2) via server data plane 404. Similarly to client data plane 402, server data plane 404 may be implemented as a switch, hub, router, or other network device that may be internal or external to cluster 400. ”]
But, vittal does not explicitly teach identify a second constituent element which is a constituent element that is related to configuration information
However, Verma [20210311461] teaches identify a second constituent element which is a constituent element that is related to configuration information [0089: “This possible example shows that a misconfiguration of an industrial machine or an anomaly of an industrial machine may be automatically detected and may even be automatically rectified. The configuration anomaly detection module CADM may use the configuration settings of the second industrial machines MS in order to detect problematic configurations. Beforehand, the second industrial machines MS are extracted from the number of other industrial machines MO.”]
It would have been obvious to person of ordinary skill in the art before the effective filing date of the claimed invention to combine teaching of the Vital and Verma because both are directed toward configuration of the element. Verma improves upon Vittal by being able to identify second configuration element when anomaly occurs such that it can be retrieved if their anomaly occurs for efficient functioning.
As to claim 4,
Vittal teaches The management device according to any one of wherein the constituent element of the system includes a plurality of devices and software included in each of the plurality of devices, and The at least one processor stores configuration information pieces relevant to the same device, among the plurality of devices, in association with each other [0089: “ ” The topology may include data identifying or describing any one or more components of a service, such as programs, functions, applications or microservices used to provide the service. The topology may include parameters, configuration data and/or metadata about any portion of the topology, such as any element of the topology.].
As to claim 5,
Vitti teaches the at least one processor is further configured to execute the instructions to:
detect an anomaly that has occurred in the constituent element of the system, identify, as the configuration information of the first constituent element, configuration information of the constituent element in which the detected anomaly has occurred [0132: “the device may monitor the topology, microservices or elements of the service graph for any anomalies. Anomalies may or may not be detected. The device may detect an anomaly with operation of one or more microservices of the plurality of services. The device may detect an anomaly with operation of elements of the topology. In some implementations, a service graph monitor may detect an anomaly based on the metrics monitored at step 620. The service graph monitor may detect the anomaly responsive to changes in metrics of the service and/or microservices.” Also see Verma 0089
As to claim 9,
Combination of Vittal and Verma teach this claim according to the reasoning set forth in claim 1 supra.
As to claim 12-13,
Combination of Vittal and Verma teach this claim according to the reasoning set forth in claim 4-5 supra.
As to claim 17,
Combination of Vittal and Verma teach this claim according to the reasoning set forth in claim 1 supra.
As to claim 21,
Combination of Vittal and Verma teach this claim according to the reasoning set forth in claim 5 supra.
Allowable Subject Matter
Claim 2-3, 6-8, 10-12,14-16, 18-20, 22-24 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
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/KESHAB R PANDEY/Primary Examiner, Art Unit 2176