DETAILED ACTION
This Office Action is sent in response to Applicant’s Communication received 06/28/24 for application number 18/758,823. The Office hereby acknowledges receipt of the following and placed of record in file: Specification, Drawings, Abstract, Oath/Declaration, IDS, Claims, and Certified Copy of Foreign Priority Application.
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.
Claims 1-20 are rejected because the claimed invention is directed to an abstract idea without significantly more.
Step 1: Claims 1-7 recite a method, Claims 8-14 recite a network device, and Claims 15-20 recite a non-transitory computer readable medium. Therefore, Claims 1-7 are directed to a process, Claims 8-14 are directed to a machine, and Claims 15-20 are directed to a manufacture.
With respect to Claims 1, 8, and 15:
Step 2A Prong 1: the claim recites a judicial exception:
Determining…a bandwidth utilization and a power consumption by a network device; (mental process – evaluation or judgement)
Determining…weights for the power consumption, the carbon emission value, and the electricity cost; (mental process – evaluation or judgement)
Calculating…a unit power metric based on the bandwidth utilization, the power consumption, the carbon emission value, the electricity cost, and the weights. (mental process – evaluation or judgement)
(claim 8) apply the weights to the power consumption, the carbon emission value, and the electricity cost to generate a weighted power consumption, a weighted carbon emission value, and a weighted electricity cost (mental process – mathematical calculation)
Step 2A Prong 2: the judicial exception is not integrated into a practical application
(claim 1) receiving, by the network device, a carbon emission value and an electricity cost associated with the network device; performing, by the network device, one or more actions based on the unit power metric (claim 8) receive a carbon emission value and an electricity cost associated with the network device; perform one or more actions based on the unit power metric (claim 15) receive a carbon emission value and an electricity cost associated with the network device; perform one or more actions based on the unit power metric (insignificant extra-solution activity – mere data gathering – MPEP 2106.05(g)
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception
receiving, by the network device, a carbon emission value and an electricity cost associated with the network device; performing, by the network device, one or more actions based on the unit power metric (claim 8) receive a carbon emission value and an electricity cost associated with the network device; perform one or more actions based on the unit power metric (claim 15) receive a carbon emission value and an electricity cost associated with the network device; perform one or more actions based on the unit power metric (insignificant extra-solution activity – mere data gathering – MPEP 2106.05(g); WURC: receiving or transmitting data over a network -MPEP 2106.05(d)(ll)(i)
With respect to Claims 2 and 9:
2A Prong 1: the claim recites a judicial exception
calculating a per link power metric based on the bandwidth utilization, the power consumption, the carbon emission value, the electricity cost, and the weights; (mental process – mathematical calculation)
2A Prong 2: the judicial exception is not integrated into a practical application
performing one or more additional actions based on the per link power metric (mere instructions to apply an exception - MPEP 2106.05(f))
2B: the claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception
(claim 2) performing one or more additional actions based on the per link power metric (mere instructions to apply an exception - MPEP 2106.05(f)) (claim 9) performing one or more additional actions based on the per link power metric (mere instructions to apply an exception - MPEP 2106.05(f))
With respect to Claims 3, 6, 10, 12, 17, and 20
2A Prong 1: the claim recites a judicial exception
storing the per link power metric in a data structure; (mental process - evaluation, or mathematical calculations) or utilizing the per link power metric to calculate one or more paths for traffic forwarding by the network device(mental process - evaluation, or mathematical calculations)
With respect to Claim 4, 7, 11, 13, and 18
2A Prong 1: the claim recites a judicial exception
determining, after expiration of a predetermined time period, an updated bandwidth utilization and an updated power consumption by the network device; (mental process – evaluation or judgement) and recalculating the per link power metric based on the updated bandwidth utilization, the updated power consumption, the carbon emission value, the electricity cost, and the weights (mental process - evaluation, or mathematical calculations)
With respect to Claim 5, 14, and 19
2A Prong 1: the claim recites a judicial exception
calculating a per component power metric based on the bandwidth utilization, the power consumption, the carbon emission value, the electricity cost, and the weights; (mental process - evaluation, or mathematical calculations)
Step 2A Prong 2: the judicial exception is not integrated into a practical application
performing one or more additional actions based on the per component power metric (mere instructions to apply an exception - MPEP 2106.05(f))
Step 2B: The claims do not include additional elements that are sufficient to amount to significantly more than the judicial exception
performing one or more additional actions based on the per component power metric (mere instructions to apply an exception - MPEP 2106.05(f))
With respect to Claim 16
2A Prong 1: the claim recites a judicial exception
wherein the power metric includes one or more of a unit power metric, a per link power metric, a per component power metric, or a per device power metric (mathematical concept – mathematical relationships)
Allowable Subject Matter
Claims 1-20 would be allowable once the outstanding rejection under 35 U.S.C. 101 is overcome.
Conclusion
Applicant is reminded that in amending a response to a rejection of claims, the patentable novelty must be clearly shown in view of the state of the art disclosed by the references cited and the objections made. Applicant must also show how the amendments avoid such references and objections. See 37 CFR §1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL J YEN whose telephone number is (571)270-5047. The examiner can normally be reached M-F 8-5 PT.
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/Paul Yen/Primary Examiner, Art Unit 2175