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 .
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 1,2,4,and 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over ZTE Corp. ( CN 112787843, See translation) in view of Fang et al. (2022/0232410).
For independent claims 1, ZTE Corp. ( CN 112787843, See translation) discloses
sending, by a management device, a measurement identifier to a measurement device, wherein the measurement identifier is associated with a to-be-measured target service, and the target service corresponds to a data flow that passes through an industry terminal; and sending, by the management device, a measurement indication to the measurement device, wherein the measurement indication indicates to the measurement device to measure a performance indicator of the target service associated and the performance indicator of the target service is associated with an abnormal event of the target service ( See details of pages 4-6).
For independent claims 1 and dependent claims 2 and 4, ZTE Corp. ( CN 112787843, See translation) discloses all the subject matter of the claimed invention with the exception of wherein the measurement indication indicates to the measurement device to measure a performance indicator of the target service associated with the measurement identifier. Fang et al. from the same or similar fields of endeavor teaches a provision of wherein the measurement indication indicates to the measurement device to measure a performance indicator of the target service associated with the measurement identifier ( See paragraphs 0064 lines 1-3, 0089 lines 1-8 and 0095 lines 1-7). Thus, it would have been obvious to the person of ordinary in the art before the effective filing date of the claimed invention to use wherein the measurement indication indicates to the measurement device to measure a performance indicator of the target service associated with the measurement identifier as taught by Fang et al. in the communications network of ZTE Copt for the purpose of indicating to the measurement device to measure a performance indicator of the target service associated with the measurement identifier.
For independent claim 10 and dependent claims 11-13 are rejected for the same reason as indicating in claims 1,2,and 4.
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 18 is rejected under 35 U.S.C. 103 as being unpatentable over ZTE Corp. in view of Nam et al. (2016/0157218).
For Claim 18, ZTE Corp. discloses all the subject matter of the claimed invention with the exception of memory, processor and a non-transitory computer readable medium having executable codes in a communications network. Nam et al. from the same or similar fields of endeavor teaches a provision of the memory, processor and a non-transitory computer readable medium having executable codes ( See paragraphs 0014 and 0052). Thus, it would have been obvious to the person of ordinary skill in the art at the time of the invention to use memory, processor and a non-transitory computer readable medium having executable codes as taught by Nam et al. in the communication network of ZTE Corp.for the purpose of storing codes in the memory to execute the process by the processor.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Fillin et al. (2026/0129524) is cited to show a system which is considered pertinent to the claimed invention.
Claims 3,5-9, and 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANG T TON whose telephone number is (571)272-3171. The examiner can normally be reached Monday to Friday 5:30 AM to 3:00 PM.
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/DANG T TON/Primary Examiner, Art Unit 2476 /D.T.T/Primary Examiner, Art Unit 2476
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