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 .
Priority
Acknowledgement is made to applicant’s claim to the benefit of priority under 35 U.S.C. § 119 to U.S. Provisional Application No. 63/655,467 filed Jun. 3, 2024.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
CLAIM INTERPRETATION
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier.
Such claim limitation(s) is/are: “NIC management module” in claim 11.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claims 4, 5, 11 are objected to because of the following informalities.
As to claims 4 and 5, the claims recite the limitation “the agent”. There is insufficient antecedent basis for the limitation in each respective claim.
As to claim 11, the limitation “sin a network”, in lines 2-3, should be corrected to “[[sin]] in a network”.
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 10, 11-17 are 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.
As to claim 10, the claim recites the limitation “that type of network component”. It is not clear what the limitation is referring to. Appropriate correction is required.
As to claim 11, the claim recites the limitation “having an agent installed thereon”. It it’s not clear whether the agent is installed in the NIC, the end device or the network element. Appropriate correction is required.
As to the claim(s) that are dependent on claim(s) 11, the dependent claim(s) are also rejected under 112(b) for the same reason of their base claim(s).
Claim Rejections - 35 USC § 102
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) 1-11 and 13-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Capper (Pub. No.: US 20190222468 A1).
As to claim 1, Capper teaches a method for centrally managing network interfaces at end devices in a network, comprising:
establishing, by a first agent (fig. 1, 124) at a first end device (fig. 1, 106), management connectivity between a network element in a network (fig. 1, 102) and a first network component at the first end device (fig. 1, 108 and paragraph [0020], “…network element can send one or more commands that are processed by the agent to manage the NIC…”);
receiving, at the network element, a first configuration from a network management system managing the network (paragraph [0027], “…(e.g., via a command line interface, management user interface, network management station, and/or another management user interface). Process 200 receives a command for the NIC at block 206…”); and
forwarding the first configuration from the network element to the first network component at the first end device using the established management connectivity between the network element and the first network component such that the first configuration is implemented on the network component at the first end device (paraph [0027], “…Process 200 sends the command packet and block 206. In one embodiment, the command in the command packet can be a get statistic command, get NIC configuration, set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
As to claim 2, Capper teaches wherein the network element is a switch (paragraph [0022], “…the network element can be a switch, router, hub, bridge, gateway, etc…”).
As to claim 3, Capper teaches wherein the network component comprises a network interface card (NIC) (paragraph [0023], “…the device 106 includes a NIC 108…”).
As to claim 4, Capper teaches wherein the agent is executing on the NIC (paragraph [0026], “…the agent 124 on the NIC 108…”).
As to claim 5, Capper teaches wherein the agent is executing on a processor of the network element (paragraph [0027], “…In one embodiment, process 200 is performed by a NIC management module of a network element, such as the NIC management module 122 as described in FIG. 1 above…”).
As to claim 6, Capper teaches wherein a second configuration is received at the network element from the network management system, the second configuration including a configuration for the network element (paraph [0027], “…Process 200 sends the command packet and block 206. In one embodiment, the command in the command packet can be a get statistic command, get NIC configuration, set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
As to claim 7, Capper teaches wherein the second configuration is received with the first configuration (paraph [0027], “…Process 200 sends the command packet and block 206. In one embodiment, the command in the command packet can be a get statistic command, get NIC configuration, set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
As to claim 8, Capper teaches wherein the first configuration includes one or more of an interface speed, an optic setting, a link negotiation mode, a differentiated services code point (DSCP) setting, a priority-based flow control (PFC) setting, or an explicit congestion notification (ECN) setting (paraph [0027], “…set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
As to claim 9, Capper teaches further comprising forwarding the first configuration from the network element to a second network component at a second end device using established management connectivity between the network element and the second network component such that the first configuration is implemented on the second network component at the second end device (paragraphs [0027] and [0003], “…A network element can be coupled to one or more devices via links between the network element and the respective device. Each of these coupled devices can include a network interface controller (NIC) that receives and transmits network data for the device…”, i.e. managing a different NIC in another computer/ sending the same configuration in a second time).
As to claim 10, Capper teaches wherein the first configuration is associated with a type of network component and both the first network component and the second network component are that type of network component (paragraph [0032], “…In one embodiment, the system 600 includes a plurality of network interfaces of the same or different type (e.g., Ethernet copper interface, Ethernet fiber interfaces, wireless, and/or other types of network interfaces)…”).
As to claim 11, Capper teaches a system, comprising: a network management system adapted to manage network devices and end device sin a network, the network management system adapted for sending a first configuration associated with an end device to network elements in the network (paragraph [0027], “…(e.g., via a command line interface, management user interface, network management station, and/or another management user interface). Process 200 receives a command for the NIC at block 206…”);
a network element connected to an end device comprising a NIC and having an agent installed thereon, the network element comprising a NIC management module adapted for (fig. 1, 155):
establishing management connectivity with the agent at the end device (fig. 1, 118);
receiving the first configuration from the network management system (paragraph [0027], “…(e.g., via a command line interface, management user interface, network management station, and/or another management user interface). Process 200 receives a command for the NIC at block 206…”);
forwarding the first configuration to the agent at the end device using the established management connectivity such that the first configuration is implemented on the NIC (paraph [0027], “…Process 200 sends the command packet and block 206. In one embodiment, the command in the command packet can be a get statistic command, get NIC configuration, set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
As to claim 13, Capper teaches wherein the NIC is a smart NIC and the agent executes on a processor of the NIC (paragraph [0026], “…with the agent 124 on the NIC 108 …”).
As to claim 14, Capper teaches wherein the network management system is further adapted to discover the end device is manageable (paragraph [0026], “…the network element 102 can detect that the NIC 108 is manageable by sending a discovery packet through the port 104 which the agent 124 on the NIC 108 responds to …”).
As to claim 15, Capper teaches wherein discovering the end device is manageable comprises sending a discovery packet to the end device (paragraph [0026], “…the network element 102 can detect that the NIC 108 is manageable by sending a discovery packet through the port 104 which the agent 124 on the NIC 108 responds to …”).
As to claim 16, Capper teaches wherein discovering the end device is manageable comprises receiving an advertising message from the agent at the end device (paragraph [0027], “…In another embodiment, process 200 can receive an advertisement from the NIC indicating that the NIC is a manageable NIC that is coupled to the port of the network element …”).
As to claim 17, Capper teaches wherein the configuration comprises a policy of an access control list (paragraph [0027], “…get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis) …”).
As to claim 18, Capper teaches a method for centrally managing network interfaces at end devices in a network, comprising: deploying an agent to a smart NIC at an end device in a network (fig. 1, 124);
establishing management connectivity between the agent and a network element connected to the end device (fig. 1, 118); and
providing a configuration from a network management system to the agent on the smart NIC at the end device (paragraph [0027], “…(e.g., via a command line interface, management user interface, network management station, and/or another management user interface). Process 200 receives a command for the NIC at block 206…”), wherein the configuration is received at the connected network element and provided from the connected network element using the established management connectivity such that the configuration is implemented by the agent on the smart NIC at the end device (paraph [0027], “…Process 200 sends the command packet and block 206. In one embodiment, the command in the command packet can be a get statistic command, get NIC configuration, set NIC configuration, get/set policies (e.g., QoS, ACL, policer, and/or other policy for the NIC overall and/or on an individual VNIC basis), and/or other types of commands for the NIC…”).
Claim Rejections - 35 USC § 103
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capper (Pub. No.: US 20190222468 A1) in view of Vasisht (Pub. No.: US 20040133689 A1).
As to claim 12, Capper does not explicitly teach determining configuration based on NIC type.
However, in the same field of endeavor (computer network) Vasisht teaches network management system is further adapted for determining the first configuration based on a type of the NIC (paragraph [0086], “The type of NIC determines the types of configuration parameters for which the configuration manager generates configuration settings”).
Based on Capper in view of Vasisht, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate determining configuration based on NIC type (taught by Vasisht) with determining configuration for NIC (taught by Capper) in order to avoid any incompatibility issues when configuring the NIC.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capper (Pub. No.: US 20190222468 A1) in view of Berbam (Pub. No.: US 20050185589 A1).
As to claim 19, Capper does not explicitly teach deploying the agent from a management system.
However, in the same field of endeavor (computer network) Berbam teaches agent was deployed from the network element or the network management system (paragraph [0015], “PXE server 20 downloads a small program that deploys an operating system with a configuration agent 22, which obtains configuration information for information handling system 10 from a configuration manager 24”).
Based on Capper in view of Berbam, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate deploying the agent from a management system (taught by Berbam) with determining configuration for NIC using an agent (taught by Capper) in order to remotely install/update the agent as needed.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Capper (Pub. No.: US 20190222468 A1) in view of Berbam (Pub. No.: US 20050185589 A1) and further in view of Bidaralli et al. (Pub. No.: US 20160241443 A1).
As to claim 20, Capper in view of Berbam does not explicitly teach synchronizing configuration of the NIC with network element.
However, in the same field of endeavor (computer network) Bidaralli teaches configuration synchronizes a configuration of the smart device with a configuration of the connected network element (paragraph [0024], “Sync with master”).
Based on Capper in view of Berbam and further in view of Bidaralli, it would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate synchronizing configuration of a device with network element (taught by Bidaralli) with deploying the agent from a management system (taught by Berbam) with determining configuration for NIC using an agent (taught by Capper) in order to remotely install/update the agent as needed, and in order to make sure there is no issues when establishing a connection between the network element and the NIC.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shah et al. (Pub. No.: US 20110213863 A1), teaches configuring remote NIC via a switch. Please see fig. 3a.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDULKADER M ALRIYASHI whose telephone number is (313)446-6551. The examiner can normally be reached Monday - Friday, 8AM - 5PM Alt, Friday, EST.
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/Abdulkader M Alriyashi/ Primary Examiner, Art Unit 2447 1/2/2026