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 6/4/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
Acknowledgment is made that claims 1, 4, 8 and 9 are amended. Claims 2-3 and 7 are canceled. Claims 11-20 are withdrawn. Claims 1, 4-6 and 8-9 are pending in the instant application.
Response to Arguments
Applicant’s arguments, see Remarks, filed on 6/4/2026 have been fully considered.
Claim Rejections under 35 U.S.C. and Allowable Subject Matter
Claims 1 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Dalgaard et al. (US 12,321,250), hereinafter Dalgaard in view of Degen et al. (US 2020/0364647), hereinafter Degen.
On page 10 of the Remarks, Applicant indicates that claim 1 has been amended to recites the elements of allowable claim 7 and intervening claims 2 and 3. Therefore, the instant rejection under 35 U.S.C. 103 has been overcome.
The examiner acknowledges the argument, however, the amended claim contains deficiencies that need to be corrected.
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, 4-6 and 8-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
As for claim 1, the claim recites the following:
“A method of processing telemetry data in a cluster network having a plurality of nodes, comprising:
storing schema of telemetry data generated as metric datasets by telemetry producers in the network in a telemetry catalog;
receiving, by a telemetry transmitter component, a list of other producers in addition to an original producer of a metric dataset from the original producer;
first validating the other producers to allow them to store and transmit the metric dataset by sending an accept or reject message to the original producer;
transmitting a validation to a telemetry library of the original and other producers; and
accepting the metric dataset from the original and other producers for storage and transmission to telemetry consumers;
sending a reject message if the telemetry transmitter component does not validate the list; and
blocking any attempted transmission of the metric dataset from any other producer on the list performing the first validating step and second validating step automatically upon production of the new telemetry metric dataset by the telemetry handler and identification of the other producers; and
inputting the telemetry data to the datastore through a telemetry pipeline.”
Claim 1 discloses a method of processing telemetry data by validating other producers in addition to an original producer to allow the other producers to store and transmit metric dataset. The claim recites the limitation “accepting the metric dataset from the original and other producers for storage and transmission to telemetry consumers.” It appears that the claim fails to disclose a validation step in which the original and other producers are allowed to store and transmit the metric dataset. This step is a condition for “accepting the metric dataset from the original and other producers.” Furthermore, the claim recites the limitations “sending a reject message if the telemetry transmitter component does not validate the list; and blocking any attempted transmission of the metric dataset from any other producer on the list; performing the first validating step and second validating step automatically upon production of the new telemetry metric dataset by the telemetry handler and identification of the other producers.” Since the original producer and other producers’ metric dataset are accepted then the recited steps of “sending a reject message” and “blocking any attempted transmission of the metric dataset from any other producers..” are conflicting operations. The last limitation “inputting the telemetry data to the datastore through a telemetry pipeline.” This step is also a conflicting operation because the other producers are rejected and blocked from attempting to transmit the metric dataset, thus, the telemetry dataset cannot be input to a datastore. Additionally, the claim recites “performing the first validating step and second validating step automatically upon production of the new telemetry metric dataset by the telemetry handler and identification of the other producers.” The claim recites “first validating the other producer…” but fails to recite a second validation. Claim 1 is indefinite because it fails to set forth the subject matter of validating an original and other producers to transmit metric dataset by performing an acceptance and a rejection and the respective steps following each decision.
The Examiner has discussed the above issues in a telephone interview with Mr. Staniford on 8/4/2026. The examiner suggested that the claim be amended accordingly to advance the prosecution.
Allowable Subject Matter
Since Applicant amended claim 1 by incorporating allowable subject matter of claim 7 and intervening claims 2 and 3. Applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Vasquez Carame et al. (US 10,489,719) teach category-based data loss prevention for network-connected devices
Cheng et al. (US 21,399,999) teach IoT device risk assessment
Bhuyan (US 2025/0310392) teaches model to verify quality of a data stream.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to L. T N. whose telephone number is (571)272-1013. The examiner can normally be reached M & Th 5:30 am - 2:30 pm EST.
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, TONIA DOLLINGER can be reached at 571-272-4170. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/L. T. N/
Examiner, Art Unit 2459
/TONIA L DOLLINGER/Supervisory Patent Examiner, Art Unit 2459
Prosecution Insights