Response to an Amendment
This office action is a response to a communication made on 04/22/2026.
Claims 2, 10 and 18 are canceled.
Claims 1, 3-9, 11-17 and 19-24 are pending for this application.
Response to Arguments
Applicant: Applicant's arguments, see remark on page 9-11, filed 04/22/2026, applicant argues that, “Bhat in view of Yokomatsu fails to disclose or suggest that a provider edge router is a launch point of the SD-WAN with which performance metrics are received, as recited in the present claims”.
Examiner: Applicant's arguments filed 04/22/2026 have been fully considered but they are not persuasive. Examiner respectfully disagrees.
Bhat teaches wherein the provider edge router is a launch point of the SD-WAN with which to receive performance metrics because ¶0014-¶0015, teaches the orchestration cloud network can include a first gateway device 128 that is an edge device or router (i.e. provider edge router as launch point) for providing access between uCPE 122 and the orchestration cloud network…using virtualized network services for SD-WAN deployment 106 provides improved granularity of monitoring relative to hardware based network deployments (e.g., customer edge routers and provider edge routers (i.e. launch point) ¶0026-¶0027, teaches service management platform 102 can receive service information identifying a state of SD-WAN deployment 106. For example, service management platform 102 can receive service information identifying a state of one or more vendor applications (e.g., which may be implemented as micro-services), one or more virtualized network services, one or more physical network services, and/or the like of one or more networking environments. In this way, service management platform 102 can enable centralized control and/or configuration of networking environments of SD-WAN deployment 106…service management platform 102 can receive information associated with detecting an issue associated with SD-WAN deployment 106. For example, service management platform 102 can automatically obtain information associated with detecting an issue (e.g., based on periodic queries, based on event triggers, and/or the like, ¶0031, teaches to generate the analytics model of SD-WAN operation. For example, service management platform 102 can determine a set of predictors for issues in SD-WAN operation, predictors for normal SD-WAN operation, and/or the like. A predictor can refer to a value for an instance of a virtualized network service, vendor application, or physical network service, such as a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow, and/or the like, wherein a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow are performance metrics, ¶0069, teaches FIG. 4, process 400 can include applying, concurrent with monitoring the set of virtualized network services, a set of diagnostic tests to evaluate the set of virtualized network services (block 420). For example, the service management platform (e.g., using computing resource 225, processor 320, output component 360, communication interface 370, and/or the like) can apply, concurrent with monitoring the set of virtualized network services, a set of diagnostic tests to evaluate the set of virtualized network services.
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, 3-6, 9, 11-14 and 17, 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhat et al. (US 2020/0204452), hereinafter “Bhat” in view of Yokomatsu et al. (US 2023/0315559 A1), hereinafter “Yokomatsu”.
With respect to claims 1, 9 and 17, Bhat discloses a method of using software-defined wide area network (SD-WAN) overlays for evaluating services provided by a communications network (¶0015), the method comprising:, A device for using software-defined wide area network (SD-WAN) overlays for evaluating services provided by a communications network (¶0015), the device comprising memory coupled to at least one processor, wherein the at least one processor (¶0065) is configured to:, A system for using software-defined wide area network (SD-WAN) overlays for evaluating services provided by a communications network (¶0015), the system comprising:
identifying, by at least one processor of a device (¶0064, teaches device 300 can perform these processes based on processor 320), a SD-WAN overlaying a virtual private network (VPN) of a communications network (¶0015 and ¶0041 teaches a software defined networking overlay of SD-WAN deployment 106, a service chain deployment (e.g., a set of virtualized network services (i.e. VPN) forming a service chain… service management platform 102 can identify an issue based on processing data relating to the SD-WAN deployment…service management platform 102 can perform one or more tests regarding a virtualized private network (VPN) status (e.g., status of a site-to-site virtualized private network, a multiprotocol label switching (MPLS) network virtualized private network, etc.), the VPN comprising multiprotocol label switching (MPLS) and the Internet (¶0032, teaches service management platform 102 can determine whether an end-point client device has Internet connectivity, ¶0041, teaches a multiprotocol label switching network virtualized private network, etc), the MPLS and the Internet associated with connecting a one or devices to a datacenter (¶0007, ¶0032 and ¶0041, teaches service management platform 102 can determine whether an end-point client device has Internet connectivity…a multiprotocol label switching network virtualized private network, etc…an SD-WAN deployment can be used to provide a combination of physical network services and virtualized network services. In enterprise scenarios, an organization can have multiple physical locations (e.g., a headquarters location, a branch location, a data center location, and/or the like) that can be connected using network services deployed in an SD-WAN configuration);
retrieving, by the at least one processor (¶0064), using an application programming interface (API), analytical data from the SD-WAN (¶0019 and ¶0030, teaches diagnostics (i.e. analytical data) and troubleshooting service 140 can provide an abstraction layer using end-user API 154…service management platform 102 can generate an analytics model of SD-WAN operation based on the data.);
identifying, by the at least one processor (¶0064), devices and interfaces of the SD-WAN (¶0016 and ¶0032, teaches SD-WAN deployment 106 can include an OpenStack deployment with a set of application programming interfaces… service management platform 102 can perform connectivity checks using one or more virtualized network devices, such as uCPE 122 or 124, vCPE 130, and/or the like);
identifying a provider edge router of the devices of the SD-WAN (¶0014-¶0015, teaches the orchestration cloud network can include a first gateway device 128 that is an edge device or router (i.e. provider edge router) for providing access between uCPE 122 and the orchestration cloud network…SD-WAN deployment 106 can enable service management platform 102 to perform failure detection… using virtualized network services for SD-WAN deployment 106 provides improved granularity of monitoring relative to hardware based network deployments (e.g., customer edge routers and provider edge routers);
receiving, by the at least one processor (¶0064), performance metrics of the devices and interfaces (¶0016, ¶0031-¶0033, teaches SD-WAN deployment 106 can include an OpenStack deployment with a set of application programming interfaces…service management platform 102 can determine a set of predictors for issues in SD-WAN operation, predictors for normal SD-WAN operation, and/or the like. A predictor can refer to a value for an instance of a virtualized network service, vendor application, or physical network service, such as a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow, and/or the like, wherein a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow are performance metrics of the devices and interfaces… service management platform 102 can perform connectivity checks using one or more virtualized network devices, such as uCPE 122 or 124, vCPE 130, and/or the like… service management platform 102 can receive information as a result of executing the set of diagnostic tests), wherein the provider edge router is a launch point of the SD-WAN with which to receive performance metrics (¶0014-¶0015, teaches the orchestration cloud network can include a first gateway device 128 that is an edge device or router (i.e. provider edge router as launch point) for providing access between uCPE 122 and the orchestration cloud network…using virtualized network services for SD-WAN deployment 106 provides improved granularity of monitoring relative to hardware based network deployments (e.g., customer edge routers and provider edge routers (i.e. launch point) ¶0026-¶0027, teaches service management platform 102 can receive service information identifying a state of SD-WAN deployment 106. For example, service management platform 102 can receive service information identifying a state of one or more vendor applications (e.g., which may be implemented as micro-services), one or more virtualized network services, one or more physical network services, and/or the like of one or more networking environments. In this way, service management platform 102 can enable centralized control and/or configuration of networking environments of SD-WAN deployment 106…service management platform 102 can receive information associated with detecting an issue associated with SD-WAN deployment 106. For example, service management platform 102 can automatically obtain information associated with detecting an issue (e.g., based on periodic queries, based on event triggers, and/or the like, ¶0031, teaches to generate the analytics model of SD-WAN operation. For example, service management platform 102 can determine a set of predictors for issues in SD-WAN operation, predictors for normal SD-WAN operation, and/or the like. A predictor can refer to a value for an instance of a virtualized network service, vendor application, or physical network service, such as a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow, and/or the like, wherein a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow are performance metrics, ¶0069, teaches FIG. 4, process 400 can include applying, concurrent with monitoring the set of virtualized network services, a set of diagnostic tests to evaluate the set of virtualized network services (block 420). For example, the service management platform (e.g., using computing resource 225, processor 320, output component 360, communication interface 370, and/or the like) can apply, concurrent with monitoring the set of virtualized network services, a set of diagnostic tests to evaluate the set of virtualized network services);
detecting, by the at least one processor, based on comparisons of the performance metrics to event criteria, an occurrence of an event in the VPN (¶0027 and ¶0035 and ¶0069-¶0070, teaches service management platform 102 can obtain event data identifying one or more events associated with the virtualized network service (i.e. VPN)… service management platform 102 can analyze a set of stored recommendations relating to previous issues to match a previous issue to a current issue… monitoring (i.e. detecting) the set of virtualized network services, a set of diagnostic tests to evaluate (i.e. compare) the set of virtualized network services (block 420)… detect, based on monitoring the set of virtualized network services and in connection with applying the set of diagnostic tests, an event associated with a virtualized network service of the set of virtualized network services).
However, Bhat remain silent on causing presentation, by the at least one processor, based on the occurrence of the event, of a notification of the event to a customer of the VPN.
Yokomatsu discloses causing presentation, by the at least one processor (¶0044, teaches the processor 2 e reads the fault diagnosis program 14 a), based on the occurrence of the event, of a notification of the event to a customer of the VPN (¶0037, teaches the notifying unit 13 notifies a user of fault cause information containing the cause of the fault that is specified by the specifying unit 12 (step S4). The notifying unit 13 notifies the user of the fault cause information by causing a display device that an operator monitors to display a message of a notification indicating the cause of the fault).
Therefore. It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Bhat’s one or more tests regarding a virtualized private network (VPN) with causing presentation, by the at least one processor, based on the occurrence of the event, of a notification of the event to a customer of the VPN of Yokomatsu, in order to notify the user cause of the fault (Yokomatsu, ¶0048).
With respect to claims 3, 11 and 19, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 1, 9 and 17, further comprising:
identifying rules defining one or more locations of the SD-WAN from which to retrieve the performance metrics (Bhat, ¶0010, and ¶0039, teaches SD-WAN deployment 106 can include a first networking environment associated with a first physical location of an organization (e.g., a headquarters), a second networking environment associated with a second physical location of an organization (e.g., a branch office), and/or the like. Additionally, or alternatively, SD-WAN deployment 106 can include multiple networking environments at a common location… information identifying one or more services and/or policies (i.e. rules) that are active or inactive for SD-WAN deployment 106).
With respect to claims 4, 12 and 20, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 3, 11 and 19, further comprising:
stitching a path, based on the rules, with which to receive the performance metrics (Bhat, ¶0022, ¶0031 and ¶0039 teaches data path test component 146 can apply a diagnostic test to a data path in a virtualized network function. For example, data path test component 146 can determine whether end- point client devices 120 and 124 have internet connectivity via a data path of SD-WAN deployment 106…to generate the analytics model of SD-WAN operation. For example, service management platform 102 can determine a set of predictors for issues in SD-WAN operation, predictors for normal SD-WAN operation, and/or the like. A predictor can refer to a value for an instance of a virtualized network service, vendor application, or physical network service, such as a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow, and/or the like, wherein a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow are performance metrics… information identifying one or more services and/or policies (i.e. rules) that are active or inactive for SD-WAN deployment 106).
With respect to claims 5, 13 and 21, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 3, 11 and 19, wherein the rules further define a sequence of API calls for retrieving the performance metrics (Bhat, ¶0031, ¶0033 and ¶0039 teaches to generate the analytics model of SD-WAN operation. For example, service management platform 102 can determine a set of predictors for issues in SD-WAN operation, predictors for normal SD-WAN operation, and/or the like. A predictor can refer to a value for an instance of a virtualized network service, vendor application, or physical network service, such as a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow, and/or the like, wherein a packet drop rate, a bit error rate, a latency, a throughput, a rate of trouble ticket inflow are performance metrics…a set of service tags for identifying virtualized network services to test, a set of vendor tags for identifying vendor APIs with which to communicate to execute tests…information identifying one or more services and/or policies (i.e. rules) that are active or inactive for SD-WAN deployment 106).
With respect to claims 6, 14 and 22, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 1, 9 and 17, wherein the SD-WAN comprises a single point of overlay of the VPN (Bhat, ¶0015, teaches SD-WAN deployment 106 can enable service management platform 102 to perform failure detection…For example, service management platform 102 can monitor uCPEs 122 and 126 (and multiple virtualized network functions thereof), gateway devices 128, vCPE 130, service management platform 102 (e.g., using a self-monitoring functionality), and/or the like to detect an issue, such as a connectivity failure (i.e. single point of failure as single point of overlay of VPN). In this way, using virtualized network services for SD-WAN deployment 106 provides improved granularity of monitoring relative to hardware based network deployments (e.g., customer edge routers and provider edge routers…a software defined networking overlay of SD-WAN deployment 106).
Claim(s) 7, 15 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhat in view of Yokomatsu, and further in view of Mishra et al. (US 2021/0036987).
With respect to claims 7, 15 and 23, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 1, 9 and 17. However, Bhat in view of Yokomatsu remain silent on wherein the SD-WAN and the VPN form a mesh.
Mishra discloses wherein the SD-WAN and the VPN form a mesh (¶0036, ¶0038 and ¶0046, teaches a pair of access devices 208A and 208B and a pair of WAN edge devices 142A and 142B, and the site 204B is shown including a single access device 208 and a single WAN edge device 142 in this example, the sites 204 can comprise any number of network devices in any network topology, including multi-tier (e.g., core, distribution or aggregation, and access tiers), spine-and-leaf, mesh, tree, bus, hub and spoke, and so forth… the WAN edge devices 142 may behave in a manner similar to a full mesh topology, where each WAN edge device 142 can connect directly to another WAN edge device 142 at another WAN site and receive full routing information from each site…the WAN edge devices 142 can each have two VPN route tables).
Therefore. It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Bhat’s SD-WAN and VPN with a mesh of Mishra, in order to direct redundant and intelligently managed paths outperform centralized routing (Mishra, ¶0016 and ¶0028).
Claim(s) 8, 16 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bhat in view of Yokomatsu, and further in view of Thoria et al. (US 2022/0182317 A1), hereinafter “Thoria”.
With respect to claims 8, 16 and 24, Bhat in view of Yokomatsu discloses the method, the device and the system of claims 1, 9 and 17, further comprising:
detecting that at least one of the devices is running an application provided by the communications network (Bhat, ¶0047, ¶0052, teaches service management platform 230 can provide an application programming interface to enable client device 210 to access functions of service management platform… Application 225-1 includes one or more software applications that can be provided to or accessed by client device 210).
However, Bhat in view of Yokomatsu remain silent on causing presentation, based on detecting that at least one of the devices is running the application, of a billing action.
Thoria discloses causing presentation, based on detecting that at least one of the devices is running the application, of a billing action (¶0027, ¶0105 teaches provide information necessary to bill for services. the AAA appliance can interact with the network controller appliances 104 (i.e. delectating device is running application) and with databases and directories containing information for users, devices, things, policies, billing (i.e. billing action), and similar information to provide authentication, authorization, and accounting services… output information to an output device (i.e. causing presentation) 1065, such as a display).
Therefore. It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Bhat’s system in view of Yokomatsu’s causing a display device with based on detecting that at least one of the devices is running the application, of a billing action of Thoria, in order to ensure that charging starts only when service is actively being delivered to at least one endpoint and strengthen system integrity (Thoria).
Conclusion
THIS ACTION IS MADE FINAL. 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 GOLAM MAHMUD whose telephone number is (571)270-0385. The examiner can normally be reached Mon-Fri 8.00-5.00pm.
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/G.M/Examiner, Art Unit 2458
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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