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 Amendment
Applicant's submission filed on 5/4/2026 has been entered. Claim(s) 1,3-20 is/are pending in the application.
Claim Rejections - 35 USC § 101
1. 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 1,3-20 are rejected under 35 U.S.C. 101 because the claimed invention is directed to a judicial exception (i.e., a law of nature, a natural phenomenon, or an abstract idea) without significantly more.
Claim(s) 20 is/are drawn to method (i.e., a process), claim(s) 1, 19 is/are drawn to a system (i.e., a machine/manufacture). As such, claims 1, 19, 20 is/are drawn to one of the statutory categories of invention.
Claims 1,3-20 are directed to determining an optimized path. Specifically, the claims recite identify, in the network, at least one network path comprising one or more hops; determine a set of energy parameters associated with at least one hop of the one or more hops; assign one or more weights to the determined set of energy parameters; wherein the one or more weights correspond to a level of confidence in the determined set of energy parameters and determine an energy score of the at least one network path based on the determined set of energy parameters and the assigned one or more weights, identify, in the network, a plurality of network paths, wherein each network path of the plurality of network paths comprises at least one hop; determine an energy score of each network path based on a set of energy parameters associated with the at least one hop and one or more weights associated with the set of energy parameters; select one of the plurality of network paths based on the energy score of each network path, which is grouped within the Mathematical Concepts and is similar to the concept of (mathematical relationships OR mathematical formulas or equations OR mathematical calculations) OR Mental Processes and is similar to the concept of (concepts performed in the human mind (including an observation, evaluation, judgement, opinion) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
This judicial exception is not integrated into a practical application because, when analyzed under prong two of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 54-55 (January 7, 2019)), the additional element(s) of the claim(s) such as processor, network interface controller, and memory merely use(s) a computer as a tool to perform an abstract idea and/or generally link(s) the use of a judicial exception to a particular technological environment. Specifically, the processor, network interface controller, and memory perform(s) the steps or functions of route traffic along the selected network path.. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the additional element(s) of using a processor, network interface controller, and memory to perform the steps amounts to no more than using a computer or processor to automate and/or implement the abstract idea of determining an optimized path. As discussed above, taking the claim elements separately, the processor, network interface controller, and memory perform(s) the steps or functions of route traffic along the selected network path/route traffic along the at least one network path based on the determined energy score. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of determining an optimized path. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Dependent claims 3-18 further describe the abstract idea of determining an optimized path. The dependent claims do not include additional elements that integrate the abstract idea into a practical application or that provide significantly more than the abstract idea. Therefore, the dependent claims are also not patent eligible.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-19 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1 and 19, the limitation “wherein the one or more weights correspond to a level of confidence in the determined set of energy parameters” is vague and unclear because it is not known what the level off confidence pertains to withing the energy parameter. Correction is requested. For the furthering of prosecution it will be taken to mean any weights on the paths related.
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.
Claim(s) 1,3-10, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conway (U.S. Patent App Pub 20110106945) in view of Werb (U.S. Patent App Pub 20070258508).
Regarding claim 1,
Conway teaches a device, comprising: a processor; a network interface controller configured to provide access to a network; and a memory communicatively coupled to the processor, wherein the memory comprises a network management logic that is configured to: (See figures 3-4, 1, paragraphs 15-16, Conway)
identify, in the network, at least one network path comprising one or more hops; (See figures 3-4, 1, paragraphs 38-41, Conway teaches path with hops in network)
determine a set of energy parameters associated with at least one hop of the one or more hops; (See figures 3-4, 1, paragraphs 40-42, Conway teaches energy parameters in the path)
assign one or more weights to the determined set of energy parameters; and (See figures 3-4, 1, paragraphs 41-44, Conway weighting and factoring the energy usage on path)
determine an energy score of the at least one network path based on the determined set of energy parameters and the assigned one or more weights. (See figures 3-4, 1, paragraphs 41-44, Conway weighting and factoring the energy usage on path, calculating a total score)
route traffic along the at least one network path based on the determined energy score. . (See paragraphs 43-44, figures 3-4, Conway teaches routing along path)
Conway does not explicitly teach but Werb teaches wherein the one or more weights correspond to a level of confidence in the determined set of energy parameters; (See paragraphs 126, 280, 294, 295, Werb teaches weights of paths correspond to efficient routing)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of Werb with Conway because both deal with routing in a network. The advantage of incorporating the above limitation(s) of Web into Conway is that Werb teaches the network can be reconfigured periodically even in the absence of network failure, therefore making the overall system more robust and efficient. (See paragraphs [0004] - [0006], Werb)
Regarding claim 3,
Conway and Werb teach the device of claim 1, wherein determining the energy score based on the determined set of energy parameters and the assigned one or more weights comprises: comparing the assigned one or more weights with a weight threshold; and determining, in response to the assigned one or more weights being greater than the weight threshold, a carbon intensity of the at least one hop based on the determined set of energy parameters, wherein the energy score of the at least one network path is determined based on the carbon intensity of the at least one hop. (See paragraphs 38-40, 44, figures 3-4, Conway)
Regarding claim 4,
Conway and Werb teach the device of claim 1, wherein the energy score is configured to indicate a number of hops of the at least one network path that have carbon intensities greater than a carbon threshold. (See paragraphs 39-40, 44, figures 3-4, Conway)
Regarding claim 5,
Conway and Werb teach the device of claim 1, wherein the one or more hops conform to a network topology. (See paragraphs 39-40, figures 2-3, Conway)
Regarding claim 6,
Conway and Werb teach the device of claim 5, wherein the network management logic is further configured to compare the network topology with a reference topology associated with the at least one network path. (See paragraphs 39-40, figures 2-3, Conway)
Regarding claim 7,
Conway and Werb teach the device of claim 6, wherein the set of energy parameters associated with the at least one hop is determined in response to the at least one hop in the network topology being within a threshold range of another hop in the reference topology. (See paragraphs 44, 39-40, figures 3-4, Conway)
Regarding claim 8,
Conway and Werb teach the device of claim 1, wherein to determine the energy score of the at least one network path, the network management logic is further configured to determine presence of one or more additional hops in the at least one network path along with the one or more hops, and wherein the energy score of the at least one network path is further determined based on the one or more additional hops. (See paragraphs 39-40, 44, figures 3-4, Conway)
Regarding claim 9,
Conway and Werb teach the device of claim 1, wherein the set of energy parameters comprises at least one of a geolocation or one or more energy sources associated with the at least one hop. (See paragraphs 24, 39, 46-47 figures 3-4, Conway)
Regarding claim 10,
Conway and Werb teach the device of claim 9, wherein the network management logic is further configured to determine the one or more energy sources based on the geolocation. (See paragraphs 29, 33, 23 figures 2-3, Conway)
Regarding claim 19,
Conway teaches a device, comprising: a processor; a network interface controller configured to provide access to a network; and a memory communicatively coupled to the processor, wherein the memory comprises a network management logic that is configured to: (See figures 3-4, 1, paragraphs 15-16, Conway)
identify, in the network, a plurality of network paths, wherein each network path of the plurality of network paths comprises at least one hop; (See figures 3-4, 1, paragraphs 38-41, Conway teaches path with hops in network)
determine an energy score of each network path based on a set of energy parameters associated with the at least one hop and one or more weights associated with the set of energy parameters; (See figures 3-4, 1, paragraphs 40-42, Conway teaches energy parameters in the path)
select one of the plurality of network paths based on the energy score of each network path; and route traffic along the selected network path. (See figures 3-4, 1, paragraphs 41-44, 55 Conway weighting and factoring the energy usage on path, calculating a total score)
Claim(s) 11-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conway (U.S. Patent App Pub 20110106945) in view of Web (U.S. Patent App Pub 20070258508) in view of Lou (U.S. Patent App Pub 20160226701).
Regarding claim 11,
Conway and Werb teaches device of claim 9.
Conway and Werb does not teach but Lou teaches wherein in response to the set of energy parameters comprising the geolocation associated with the at least one hop, the one or more weights comprise a location weight assigned to the geolocation. (See paragraphs 6, 82, 89, and figures 7 and 11, Lou)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have known to combine the teachings of Lou with Conway and Werb because both deal with routing in a network. The advantage of incorporating the above limitation(s) of Lou into Conway and Werb is that Lou teaches the controller maximizes distances or number of hops between SDN-enabled nodes to avoid shared links between SDN-enabled nodes and to reduce risk of overloading shared links. The controller ensures that a scheme begins with minimal distance of hop and eliminates candidate locations that are separated from the selected candidate location by distance less than or equal to minimal distance. The controller determines threshold and performs a selection to satisfy the threshold to maximize single-link failure coverages, link capacities, distances between SDN-enabled NEs or to minimize average distances between SDN-enabled NEs corresponding non-SDN NE, therefore making the overall system more robust and efficient. (See paragraphs [0004] - [0006], Lou)
Regarding claim 12,
Conway, Werb and Lou teach the device of claim 11, wherein the network management logic is further configured to compare the location weight with a location threshold, and wherein the one or more energy sources associated with the at least one hop are determined in response to the location weight being greater than the location threshold. (See paragraphs 6, 82, 89, Lou and figures 7 and 11) See motivation to combine for claim 11.
Regarding claim 13,
Conway, Werb and Lou teach the device of claim 11, wherein in response to the set of energy parameters comprising the one or more energy sources associated with the at least one hop, the one or more weights comprise an energy source weight assigned to the one or more energy sources. (See paragraphs 21, 33, figures 3-4, Conway)
Regarding claim 14,
Conway, Werb and Lou teach the device of claim 13, wherein the network management logic is further configured to: compare the energy source weight with an energy source threshold; and determine, in response to the energy source weight being greater than the energy source threshold, a carbon intensity of the at least one hop based on the one or more energy sources. (See paragraphs 39-40, 44, figures 3-4, Conway)
Regarding claim 15,
Conway, Werb and Lou teach the device of claim 13, wherein the network management logic is further configured to: compare the location weight with a location threshold; and assign a location factor to the at least one hop based on the comparison of the location weight with the location threshold. (See paragraphs 23, 33, figures 2-3, Conway)
Regarding claim 16,
Conway, Werb and Lou teach the device of claim 15, wherein the network management logic is further configured to: compare the energy source weight with an energy source threshold; and assign an energy source factor to the at least one hop based on the comparison of the energy source weight with the energy source threshold. (See paragraphs 23, 33, figures 2-3, Conway)
Regarding claim 17,
Conway, Werb and Lou teach the device of claim 16, wherein the network management logic is further configured to: determine a carbon intensity associated with the at least one hop based on the one or more energy sources; compare the determined carbon intensity with a carbon threshold; and assign a carbon factor to the at least one hop based on the comparison of the determined carbon intensity with the carbon threshold. (See paragraphs 23, 33, figures 2-3, Conway)
Regarding claim 18,
Conway, Werb and Lou teach the device of claim 17, wherein the energy score is a function of the assigned location factor(See paragraphs 46, 33, figures 2-3, Conway teaches first hop, subsequent other location hops in the path), the assigned energy source factor, and the assigned carbon factor. (See paragraphs 23, 33, figures 2-3, Conway)
Claim Rejections - 35 USC § 102
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.
Claim(s) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conway (U.S. Patent App Pub 20110106945).
Regarding claim 20,
Conway teaches a method, comprising: (See figures 3-4, 1, paragraphs 15-16, Conway)
identifying, in the network, at least one network path comprising one or more hops; (See figures 3-4, 1, paragraphs 38-41, Conway teaches path with hops in network)
determining a set of energy parameters associated with at least one hop of the one or more hops; (See figures 3-4, 1, paragraphs 40-42, Conway teaches energy parameters in the path)
assigning one or more weights to the determined set of energy parameters; and (See figures 3-4, 1, paragraphs 41-44, Conway weighting and factoring the energy usage on path)
determining an energy score of the at least one network path based on the determined set of energy parameters and the assigned one or more weights. (See figures 3-4, 1, paragraphs 41-44, Conway weighting and factoring the energy usage on path, calculating a total score)
routing traffic along the at least one network path based on the determined energy score. . (See paragraphs 43-44, figures 3-4, Conway teaches routing along path)
Response to Arguments
Applicant's arguments filed 5/4/2026 have been fully considered but they are not persuasive.
A. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong One. As for Step 2A Prong One, of the Abstract idea is directed towards the abstract idea of ABSTRACT IDEA which is grouped within the Methods Of Organizing Human Activity and is similar to the concept of (fundamental economic principles or practices including hedging insurance, mitigating risk) OR (commercial or legal interactions including agreements in the form of contracts, legal obligations, advertising, marketing or sales activities or behaviors business relations) OR (managing personal behavior or relationships or interactions between people including social activities teaching, and following rules or instructions) OR Mental Processes and is similar to the concept of (concepts performed in the human mind (including an observation, evaluation, judgement, opinion) grouping of abstract ideas in prong one of step 2A of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 54 (January 7, 2019)). Accordingly, the claims recite an abstract idea (See pages 7, 10, Alice Corporation Pty. Ltd. v. CLS Bank International, et al., US Supreme Court, No. 13-298, June 19, 2014; 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 53-54 (January 7, 2019)).
B. Applicant argues that the claims are not directed to a judicial exception under Step 2A Prong Two. As for Step 2A Prong Two, the claim limitations do not include additional elements in the claim that apply, rely on, or use the judicial exception in a manner that imposes a meaningful limit on the judicial exception, and the claim is not more than a drafting effort designed to monopolize the judicial exception and the claim limitation simply describe the abstract idea. The limitation directed to determining an optimized path does not add technical improvement to the abstract idea. The recitations to “processor” and “network interface controller” perform(s) the steps or functions of route traffic along the selected network path/route traffic along the at least one network path based on the determined energy score. The use of a processor/computer as a tool to implement the abstract idea and/or generally linking the use of the abstract idea to a particular technological environment does not integrate the abstract idea into a practical application because it requires no more than a computer performing functions that correspond to acts required to carry out the abstract idea. The additional elements do not involve improvements to the functioning of a computer, or to any other technology or technical field (MPEP 2106.05(a)), the claims do not apply or use the abstract idea to effect a particular treatment or prophylaxis for a disease or medical condition (Vanda Memo), the claims do not apply the abstract idea with, or by use of, a particular machine (MPEP 2106.05(b)), the claims do not effect a transformation or reduction of a particular article to a different state or thing (MPEP 2106.05(c)), and the claims do not apply or use the abstract idea in some other meaningful way beyond generally linking the use of the abstract idea to a particular technological environment, such that the claim as a whole is more than a drafting effort designed to monopolize the exception (MPEP 2106.05(e) and Vanda Memo). Therefore, the claims do not, for example, purport to improve the functioning of a computer. Nor do they effect an improvement in any other technology or technical field. Accordingly, the additional elements do not impose any meaningful limits on practicing the abstract idea, and the claims are directed to an abstract idea.
C. Applicant argues that the claims are not directed to a judicial exception under Step 2B.
As for Step 2B, The claim(s) does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because, when analyzed under step 2B of the Alice/Mayo test (See 2019 Revised Patent Subject Matter Eligibility Guidance, 84 Fed. Reg. 50, 52, 56 (January 7, 2019)), the limitation directed to determining an optimized path does not add significantly more to the abstract idea. Furthermore, using well-known computer functions to execute an abstract idea does not constitute significantly more. The recitations to “processor” and “network interface controller” are generically recited computer structure. These functions correspond to the actions required to perform the abstract idea. Viewed as a whole, the combination of elements recited in the claims merely recite the concept of determining an optimized path. Therefore, the use of these additional elements does no more than employ the computer as a tool to automate and/or implement the abstract idea. The use of a computer or processor to merely automate and/or implement the abstract idea cannot provide significantly more than the abstract idea itself (MPEP 2106.05(I)(A)(f) & (h)). Therefore, the claim is not patent eligible.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and located in the PTO-892 form.
1.Palmero, U.S. Patent App 20230239211, teaches techniques are provided for improving the environmental sustainability of a networking device and/or a networking system. In one example, a sustainability server obtains power consumption data of a networking device on a per-plane basis. Based on the power consumption data, the sustainability server computes an individual sustainability score that indicates a level of environmental sustainability of the networking device. The sustainability server further analyzes the power consumption data on the per-plane basis. In response to analyzing the power consumption data on the per-plane basis, the sustainability server provides a recommendation to implement a change to a configuration or operating parameter of the networking device, or to a networking system that includes the networking device, to improve the individual sustainability score.
2. Dong, U.S. Patent App 20160036764, teaches a naming scheme for IoT Devices can address the problem that the existing naming schemes of the IoT devices do not support device discovery and group operation efficiently. An IoT Device Name Service (IDNS) can be in charge of how the device name is generated from the location and other context information; updated due to the location change or context variation; and discovered. The IoT Devices can be routed by their names using a Name Routing Protocol (NRP). With the name scheme and NRP, the IoT Devices do not need to implement the full protocol stack to enable the direct communication between them.
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.
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/NINOS DONABED/Primary Examiner, Art Unit 2444
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