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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/30/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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(s) 1-6 is/are 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) generating a performance threshold (data analysis), simulating a network configuration (mathematical modeling) and selecting a network environment (decision making). These fall into recognized abstract ideas categories such as mathematical concepts and certain method of organizing human activity.
This judicial exception is not integrated into a practical application because the claim only recites a processing device and non-transitory computer-readable medium. The processing device is used to generate, simulate and select data. The medium is used to store the data. The processing device in the stated steps is recited at a high-level of generality (i.e., as a generic processor performing a generic computer function of ranking information based on a determined amount of use) such that it amounts no more than mere instructions to apply the exception using a generic computer component. Accordingly, this 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 claim is directed to an abstract idea.
The claim does/do not include additional elements that are sufficient to amount to significantly more than the judicial exception because the processor is generic and conventional. In addition, the non-transitory computer-readable storage medium is generic/conventional, running simulations is routine computer functions, generating threshold is abstract related modeling and choosing a network environment is abstract related logic and resource allocation. These are mere steps and instructions using a generic computer component to apply the exception, there is no inventive concept present. The claim is not patent eligible.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Canion et al. (US 2013/0346628 A1) and further in view of Chang et al. (US 2013/0297769 A1).
Re Claim 1, Canion teaches a system for operating a network, the system comprising:
a processing device; and
a non-transitory computer-readable medium encoded with instructions, which when executed by the processing device, cause the processing device to:
generate, based on a service parameter, a performance threshold value for providing a security service for network traffic corresponding to a destination workload; (Canion; FIG. 1-60; Background, Summary, ¶
simulate, on a model of a network configuration, providing the security services for the network traffic; and (Canion; FIG. 1-60; Background, Summary, ¶ [0083]-[0097]; Simulating/testing a model of network configuration, in which security related services/function for network traffic are provided.)
Canion does not explicitly suggest select, based on a comparison of an output of the simulation to a performance threshold value, a network environment from a plurality of available network environments for instantiating the destination workload.
However, in analogous art, Chang teaches select, based on a comparison of an output of the simulation to a performance threshold value, a network environment from a plurality of available network environments for instantiating the destination workload. (Chang; FIG. 1-7; Background, ¶ [0011]-[0013], [0050]-[0070]; The cited embodiment(s) detail comparable methodology that includes simulation of network conditions, that test security related functions and analyzes the data in order for the user to make a migration selection based on performance related metrics.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Canion in view of Chang to compare simulated output for environmental selection for the reasons of simulating and validating network resources in order to migration enterprise network environments. (Chang Abstract)
Re Claim 2, Canion-Change teaches the system of claim 1 wherein the instructions further cause the processing device to:
monitor a network performance value for providing the security services to the network traffic over a period of time; and (Canion; FIG. 1, 15; ¶ [0080]-[0084]; Monitoring network performance characteristics over a period of time.)
modify the model of the network configuration based on the monitored network performance value. (Canion; FIG. 1-15; ¶ [0116], [0248], [0263], [0274]-[0278]; Modifying the models based on various parameters/characteristics related to testing and simulations.)
Re Claim 3, Canion-Chang discloses the system of claim 1 wherein the instructions further cause the processing device to:
migrate, based on the selection of the network environment, a secure communication tunnel to connect to the destination workload. (Chang; FIG. 1; ¶ [0013]-[0020], [0024]-[0028], [0037]-[0040]; Migrating a secure communication tunnel.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Canion in view of Chang to compare simulated output for environmental selection for the reasons of simulating and validating network resources in order to migration enterprise network environments. (Chang Abstract)
Re Claim 4, Canion-Chang discloses the system of claim 1 wherein the network environment comprises at least one of a public cloud environment, a private cloud environment, or a compute environment of the network. (Change; FIG. 1; ¶ [0011]-[0017]; Public, enterprise related cloud environment.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Canion in view of Chang to compare simulated output for environmental selection for the reasons of simulating and validating network resources in order to migration enterprise network environments. (Chang Abstract)
Re Claim 5, Canion-Chang discloses the system of claim 4 wherein the network performance values comprise one of a maximum transmission speed, an expected packet loss, or an available bandwidth. (Canion; FIG. 1; ¶ [0085], [0178]-[0203]; High-speed packet generation and measurement system.)
Re Claim 6, Canion-Chang discloses the system of claim 5 wherein the performance threshold is based on a service level agreement. (Chang; FIG. 1; ¶ [0018], [0048], [0054]; Performance related SLA.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify Canion in view of Chang to compare simulated output for environmental selection for the reasons of simulating and validating network resources in order to migration enterprise network environments. (Chang Abstract)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B ROBINSON whose telephone number is (571)270-0702. The examiner can normally be reached M-F 7:00-3:00 EST.
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/CHRISTOPHER B ROBINSON/Primary Examiner, Art Unit 2443