Prosecution Insights
Last updated: May 29, 2026
Application No. 18/892,123

SYSTEM AND METHOD FOR DETERMINING HEALTH STATUS OF NODES

Non-Final OA §102§103
Filed
Sep 20, 2024
Priority
Sep 20, 2023 — provisional 63/584,138
Examiner
CHOUDHURY, RAQIUL A
Art Unit
2444
Tech Center
2400 — Computer Networks
Assignee
Alkira Inc.
OA Round
1 (Non-Final)
87%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 87% — above average
87%
Career Allowance Rate
216 granted / 249 resolved
+28.7% vs TC avg
Moderate +6% lift
Without
With
+6.3%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 1m
Avg Prosecution
14 currently pending
Career history
270
Total Applications
across all art units

Statute-Specific Performance

§101
4.7%
-35.3% vs TC avg
§103
81.5%
+41.5% vs TC avg
§102
2.3%
-37.7% vs TC avg
§112
9.6%
-30.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 249 resolved cases

Office Action

§102 §103
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 . 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. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-2, 4-6, 10-15, and 19-20 are rejected under 35 U.S.C. 102(a) (1) as being anticipated by Morara et al (“Morara”, US 9948384). Regarding Claim 1, Morara teaches a system for determining a health status of a plurality of nodes of a network, comprising: a memory configured to store computer executable instructions (Col. 20 lines 30-60); and one or more processors are configured to execute the instructions to (Col. 20 lines 30-60): obtain a set of operational characteristics associated with each of the plurality of nodes of the network, the set of operational characteristics indicating at least traffic data associated with a corresponding node from the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.); determine a health status of each of the plurality of nodes based on the corresponding set of operational characteristics (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault.), wherein the health status indicates a current working condition of each of the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault.); and based on the determined health status, output a network architecture of the network to display, the network architecture indicating a hierarchical node-level view of the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault. The network architecture is the schematic view of an example network tree.), wherein the network architecture indicates health status of each of the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault. The network architecture is the schematic view of an example network tree.). Regarding Claim 2, Morara teaches the system of claim 1. Morara further teaches wherein the set of operational characteristics of a node further comprises at least one of: test data (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.), network data (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.), historical network data (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.), performance data (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.), or the traffic data (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes.). Regarding Claim 4, Morara teaches the system of claim 1. Morara further teaches wherein the plurality of nodes relate to network resources of the network (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault. The network architecture is the schematic view of an example network tree.). Regarding Claim 5, Claim 5 is rejected with the same reasoning as Claim 1. Regarding Claim 6, Claim 6 is rejected with the same reasoning as Claim 2. Regarding Claim 10, Morara teaches the method of claim 5. Morara further teaches wherein the network architecture is displayed in a hierarchical manner (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36). Regarding Claim 11, Morara teaches the method of claim 5. Morara teaches further comprising updating the network architecture periodically to reflect the current health status of the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-52; Fig. 3B, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 53-67; Fig. 3C, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 8 lines 1-23). Regarding Claim 12, Morara teaches the method of claim 5. Morara further teaches wherein the network architecture includes a visual indicator for each node to represent its health status (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36). Regarding Claim 13, Morara teaches the method of claim 5. Morara teaches further comprising generating alerts based on the determined health status of the plurality of nodes (Fig. 3A, elements {142, 220, 220a, 220b, 232, 232a, 232b}, Col. 7 lines 18-36; The operational characteristics are the level of connectivity of the nodes. The health status is the node status of OK or Fault. The network architecture is the schematic view of an example network tree. The alert is the heartbeat signals.). Regarding Claim 14, Claim 14 is rejected with the same reasoning as Claim 1. Regarding Claim 15, Claim 15 is rejected with the same reasoning as Claim 2. Regarding Claim 19, Claim 19 is rejected with the same reasoning as Claim 10. Regarding Claim 20, Claim 20 is rejected with the same reasoning as Claim 11. 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. The test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Claims 3, 7-9, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Morara in view of Jen et al (“Jen”, US 20180295529). Regarding Claim 3, Morara teaches the system of claim 1. Morara does not explicitly teach wherein the one or more processors are configured to execute the instructions to: receive a request relating to at least one of: transmitting, or receiving of data; based on the request and the determined health status of each of the plurality of the nodes, identify at least one available node from the plurality of nodes; and cause to use the identified available node for completing the request. Jen teaches wherein the one or more processors are configured to execute the instructions to: receive a request relating to at least one of: transmitting, or receiving of data (Fig. 2, elements {S210-S230}, par 26-31); based on the request and the determined health status of each of the plurality of the nodes, identify at least one available node from the plurality of nodes (Fig. 2, elements {S210-S230}, par 26-31; The health status is whether the nodes have gone offline or are malfunctioning.); and cause to use the identified available node for completing the request (Fig. 2, elements {S210-S230}, par 26-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Morara with the routing of Jen because it allows for connections to be made via an alternate path if a node in a path is disconnected or malfunctioning (Jen; par 31). Regarding Claim 7, Morara teaches the method of claim 5. Morara does not explicitly teach further comprising receiving a request relating to at least one of: transmitting or receiving of data. Jen teaches further comprising receiving a request relating to at least one of: transmitting or receiving of data (Fig. 2, elements {S210-S230}, par 26-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Morara with the routing of Jen because it allows for connections to be made via an alternate path if a node in a path is disconnected or malfunctioning (Jen; par 31). Regarding Claim 8, Morara and Jen teach the method of claim 7. Morara does not explicitly teach further comprising, based on the request and the determined health status of each of the plurality of nodes, identifying at least one available node from the plurality of nodes. Jen teaches further comprising, based on the request and the determined health status of each of the plurality of nodes, identifying at least one available node from the plurality of nodes (Fig. 2, elements {S210-S230}, par 26-31; The health status is whether the nodes have gone offline or are malfunctioning.). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Morara with the routing of Jen because it allows for connections to be made via an alternate path if a node in a path is disconnected or malfunctioning (Jen; par 31). Regarding Claim 9, Morara and Jen teach the method of claim 8. Morara does not explicitly teach further comprising causing the identified available node to be used for completing the request. Jen teaches further comprising causing the identified available node to be used for completing the request (Fig. 2, elements {S210-S230}, par 26-31). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Morara with the routing of Jen because it allows for connections to be made via an alternate path if a node in a path is disconnected or malfunctioning (Jen; par 31). Regarding Claim 16, Claim 16 is rejected with the same reasoning as Claim 7. Regarding Claim 17, Claim 17 is rejected with the same reasoning as Claim 8. Regarding Claim 18, Claim 18 is rejected with the same reasoning as Claim 9. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Cohen et al (US 20160378615), Abstract - Tracking health of component in a computer system is disclosed. A health score for software components is determined for each of a plurality of time periods. The computing system determines a problem software component whose health score indicates the unhealthy status at a certain point in time. The computing system determines a set of software components that are linked by dependency relationships to the problem software component. The computing system tracks events at which software components in the set have a health score that went from the healthy status to the unhealthy status. The computing system rolls back in time through the events to locate a software component in the set that was first in time to have its health score go from the healthy status to the unhealthy status. Singh et al (US 20200313925), Abstract - A building automation system includes a plurality of subnets, an active broadcast management device configured on at least one of the subnets, a pool of virtual devices communicably connected to the active broadcast management device, each of the virtual devices in the pool of virtual devices configured to store a broadcast distribution table (BDT), one or more processors, and memory coupled to the one or more processors and storing instructions. When executed by the one or more processors, the instructions cause the one or more processors to transmit a health status message to each available virtual device in the pool of virtual devices, receive a health status response from each of the available virtual devices, and select, according to the health status responses, at least one of the virtual devices from among the available virtual devices as a backup virtual broadcast management device to the active broadcast management device. Applin et al (US 20230297299), Abstract - A multi-function device (MFD) is disclosed. For example, the MFD includes, a communication interface to establish a communication session with other MFDs within a community of MFDs, a processor, and a non-transitory computer readable medium storing instructions, which when executed by the processor, cause the processor to determine a feature of the MFD is operating incorrectly, transmit a help message to the other MFDs within the community of MFDs, receive a configuration file for the feature that is operating incorrectly from a second MFD within the community of MFDs that has a health status of fully operational, upload the configuration file, determine the feature is operating correctly after the configuration file is uploaded, and update a health status of the MFD to fully operational. Kerry (US 20230216765), Abstract - Various embodiments herein each include at least one of systems, methods, software, and devices for edge system health monitoring and auditing. One embodiment, in the form of a method includes performing a system audit over a first network of devices deployed within the facility to determine a status of each respective device. This embodiment further includes determining an overall system status for the facility based on results of the system audit including consideration of a status of each of the devices deployed within the facility and storing data representative of the overall system status of the facility. This embodiment also transmits at least a portion of the data representative of the overall system status of the facility over a second network to a facility system status monitoring application which may then present a single indicator of the overall system status or health. Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAQIUL AMIN CHOUDHURY whose telephone number is (571)272-2482. The examiner can normally be reached Monday-Friday 7:30 AM - 5:30 PM. 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, John Follansbee can be reached at 571-272-3964. 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. /RAQIUL A CHOUDHURY/Examiner, Art Unit 2444
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Prosecution Timeline

Sep 20, 2024
Application Filed
Apr 13, 2026
Non-Final Rejection mailed — §102, §103 (current)

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Prosecution Projections

1-2
Expected OA Rounds
87%
Grant Probability
93%
With Interview (+6.3%)
2y 1m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 249 resolved cases by this examiner. Grant probability derived from career allowance rate.

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