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 .
1. This is in response to communication filed 12/07/25 in which claims 1-5, 7-13 and 15-16 are pending.
Response to Arguments
2. Applicant’s arguments with respect to claims 1-5, 7-13 and 15-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 102
3. 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
4. Claims 1-5, 7-13 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Publication No. 2020/0092299 to Srinivasan et al.
a. As per claim 1, Srinivasan et al teaches an apparatus, comprising: a physical network adapter (See paragraph [0007], a network interface controller (NIC)), configured to communicate over a network (See paragraph [0007 and 0046]); and one or more processors (See paragraph [0064]), configured to: host a Virtual Machine (VM) that runs software processes (See paragraph [0037 and 0047]); run a network stack of the VM, the network stack enabling the software processes to communicate network traffic over the network via the physical network adapter (See paragraph [0069]), wherein the network stack comprises (i) a virtual network adapter and (ii) mirroring software that is intermediate between the virtual network adapter and the physical network adapter (See paragraph [0047-0048]); program the mirroring software in the network stack to mirror at least a selected part of the network traffic of one or more of the software processes (See paragraph [0047-0048]); and cause the mirroring software to, mirror at least the selected part of the network traffic for inspection in accordance with the programming (See paragraph [0046-0049]).
b. As per claim 9, Srinivasan et al teaches a method, comprising: hosting, on a physical computer, a Virtual Machine (VM) that runs software processes (See paragraph [0037 and 0047]); running in the physical computer a network stack of the VM, the network stack enabling the software processes to communicate network traffic over a network via a physical network adapter (See paragraph [0069 ]), wherein the network stack comprises (i) a virtual network adapter and (ii) mirroring software that is intermediate between the virtual network adapter and the physical network adapter; programming the mirroring software in the network stack to mirror at least a selected part of the network traffic of one or more of the software processes (See paragraph [0047-0048]); and causing the mirroring software, mirroring at least the selected part of the network traffic for inspection (See paragraph [0047-0048]) in accordance with the programming (See paragraph [0046-0049]).
c. As per claims 2 and 10, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches wherein the one or more processors are configured to receive an instruction indicating a selection of the one or more software processes to be inspected, and to program the network stack of the VM responsively to the instruction (See paragraph [0045] and fig. 5).
d. As per claims 3 and 11, Srinivasan et al teaches the claimed invention as described above. Furthermore, Srinivasan et al teaches wherein the one or more processors are configured to establish a network tunnel that connects the VM to a remote computer, and to mirror at least the selected part of the network traffic via the network tunnel (See paragraph [0040]) .
e. As per claims 4 and 12, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches wherein the one or more processors are configured to mirror at least the selected part of the network traffic via the physical network adapter (See paragraph [0047-0049]).
f. As per claims 5 and 13, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches further comprising an additional physical network adapter, wherein the one or more processors are configured to mirror at least the selected part of the network traffic via the additional physical network adapter (See paragraph [0047-0049]).
g. As per claims 7, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches wherein the selected part of the network traffic comprises local traffic communicated between the VM and another VM hosted by the one or more processors (See paragraph [0047-0049 and fig. 7).
h. As per claims 8 and 16, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches wherein the selected part of the network traffic comprises remote traffic communicated between the VM and a destination outside the apparatus (See paragraph [0046 and fig 6]).
i. As per claims 15, Srinivasan et al teaches the claimed invention as described above. However, Srinivasan et al teaches wherein the selected part of the network traffic comprises local traffic communicated between the VM and another VM hosted in the physical computer (See paragraph [0035]).
Conclusion
5. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
U.S. Publication No. 2019/0334862 to Paul et al teaches Seamless Network Characteristics for Hardware Isolated Virtualized Environments.
U.S. Publication No. 2018/0124171 to Han et al teaches Adaptive Data Mirroring In virtual Networks.
6. 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DJENANE BAYARD whose telephone number is (571)272-3878. The examiner can normally be reached 9-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Follansbee can be reached at (571)272-3964. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DJENANE M BAYARD/Primary Examiner, Art Unit 2444