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 .
DETAILED ACTION
The office action is a response to application filed on 9/30/2024. Wherein claims 1-22 are pending and ready for examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-22 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US12132617B2. The instant claims are being anticipated by the patented application. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims in the patent disclose the limitations in the instant application as follows:
Instant Application
US12132617B2
Claim 1
A non-transitory computer readable medium comprising instructions which, when executed by at least one hardware processor, cause performance of operations comprising:
receiving user input identifying a set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for a particular component, of the set of user-selected components, one or more characteristics, the one or more characteristics comprising: a data output type corresponding to the particular component;
determining that the data output type corresponding to the particular component matches a data input type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data input type corresponding to the additional component:
selecting, by a system, the additional component to be included in the topology of components; and
determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
Claim 1
A non-transitory computer readable medium comprising instructions which, when executed by at least one hardware processor, cause performance of operations comprising:
receiving user input identifying a first set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for each particular component, of the first set of user-selected components, one or more characteristics, the one or more characteristics being selected from a group comprising: a rule associated with the particular component; a requirement associated with the particular component; a data input type corresponding to the particular component; and a data output type corresponding to the particular component; based on the one or more characteristics respectively associated with at least one component of the first set of user-selected components: determining that an additional component, not included in the first set of user-selected components, is required for implementing a particular dataflow corresponding to the topology of components; selecting, by a system, the additional component to be included in the topology of components based on: a) the one or more characteristics respectively associated with at least one component of the first set of user-selected components, and b) one or more characteristics of the additional component; and determining, by the system: a) the topology of components comprising the first set of user-selected components and the system-selected additional component, and b) the particular dataflow corresponding to the topology of components.
2. The non-transitory computer readable medium of claim 1, wherein the operations further comprise: prior to the selecting the additional component, determining that none of the other user-selected components in the set of user-selected components has the data input type of the additional component.
5. The non-transitory computer readable medium of claim 4, wherein the operations further comprise selecting the system-selected additional component in response to further determining that none of the first set of user-selected components is associated with any data input type that matches the first data output type corresponding to the first component of the first set of user-selected components.
3. The non-transitory computer readable medium of claim 1, wherein determining the topology of components further comprises: determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component, and b) a dataflow corresponding to the topology of components.
1. determining, by the system: a) the topology of components comprising the first set of user-selected components and the system-selected additional component, and b) the particular dataflow corresponding to the topology of components.
4. The non-transitory computer readable medium of claim 1, wherein prior to the selecting the additional component, the operations further comprise: determining, by the system, that the set of user-selected components is insufficient to complete any topology of components.
2. The non-transitory computer readable medium of claim 1, wherein prior to the system selecting the system-selected additional component, the operations further comprise determining that the first set of user-selected components are insufficient to complete any topology of components.
5. The non-transitory computer readable medium of claim 1, wherein the operations further comprise selecting an implementation environment for the additional component, the implementation environment comprising one of: an on-premise environment, an off-premise environment, and/or a cloud environment.
3. The non-transitory computer readable medium of claim 1, wherein the operations further comprise selecting, by the system, an implementation environment for the system-selected additional component, the implementation environment comprising one of: an on-premise environment, an off-premise environment, and/or a cloud environment.
6. The non-transitory computer readable medium of claim 1, wherein the operations further comprise: receiving a second user input comprising a functionality for the topology of components, wherein the system selects the additional component in response to determining that the additional component is necessary for implementing the functionality for the topology of components.
8. The non-transitory computer readable medium of claim 1, wherein the operations further comprise receiving a second user input comprising a functionality for the topology of components, wherein the system-selected additional component is selected by the system in response to determining that the system-selected additional component is necessary for implementing the functionality for the topology of components.
7. The non-transitory computer readable medium of Claim 1, wherein the system further selects the additional component based on a data input type of data to be transmitted to the topology of components.
9. The non-transitory computer readable medium of claim 1, wherein the system-selected additional component is selected based further on a data input type of data to be transmitted to the topology of components.
8. The non-transitory computer readable medium of Claim 1, wherein generating the topology of components comprises modifying a prior topology of components to generate the topology of components.
10. The non-transitory computer readable medium of claim 1, wherein generating the topology of components comprises modifying a prior topology of components to generate the topology of components.
9. The non-transitory computer readable medium of Claim 8, wherein the system generates the topology of components at runtime while components in the prior topology of components are executed without interruption during a time in which the topology of components is generated.
11. The non-transitory computer readable medium of claim 10, wherein the topology of components is generated at runtime while components in the prior topology of components are executed without interruption during a time in which the topology of components is generated.
10. A non-transitory computer readable medium comprising instructions that, when executed by at least one hardware processor, cause performance of operations comprising: receiving user input identifying a set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for a particular component, of the set of user-selected components, one or more characteristics, the one or more characteristics comprising: a data input type corresponding to the particular component; determining that the data input type corresponding to the particular component matches a data output type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data output type corresponding to an additional component: selecting, by a system, the additional component to be included in the topology of components; and determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
1. A non-transitory computer readable medium comprising instructions which, when executed by at least one hardware processor, cause performance of operations comprising: receiving user input identifying a first set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for each particular component, of the first set of user-selected components, one or more characteristics, the one or more characteristics being selected from a group comprising:
a rule associated with the particular component;
a requirement associated with the particular component; a data input type corresponding to the particular component; and a data output type corresponding to the particular component;
based on the one or more characteristics respectively associated with at least one component of the first set of user-selected components: determining that an additional component, not included in the first set of user-selected components, is required for implementing a particular dataflow corresponding to the topology of components; selecting, by a system, the additional component to be included in the topology of components based on: a) the one or more characteristics respectively associated with at least one component of the first set of user-selected components, and b) one or more characteristics of the additional component; and determining, by the system: a) the topology of components comprising the first set of user-selected components and the system-selected additional component, and b) the particular dataflow corresponding to the topology of components.
11. The non-transitory computer readable medium of claim 10, wherein the operations further comprise: prior to the selecting the additional component, determining that none of the other user-selected components in the set of user-selected components has the data output type of the additional component.
5. The non-transitory computer readable medium of claim 4, wherein the operations further comprise selecting the system-selected additional component in response to further determining that none of the first set of user-selected components is associated with any data input type that matches the first data output type corresponding to the first component of the first set of user-selected components.
12. The non-transitory computer readable medium of claim 10, wherein determining the topology of components further comprises: determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component, and b) a dataflow corresponding to the topology of components.
1. determining, by the system: a) the topology of components comprising the first set of user-selected components and the system-selected additional component, and b) the particular dataflow corresponding to the topology of components.
13. The non-transitory computer readable medium of claim 10, wherein prior to the selecting the additional component, the operations further comprise: determining, by the system, that the set of user-selected components is insufficient to complete any topology of components.
2. The non-transitory computer readable medium of claim 1, wherein prior to the system selecting the system-selected additional component, the operations further comprise determining that the first set of user-selected components are insufficient to complete any topology of components.
14. The non-transitory computer readable medium of claim 10, wherein the operations further comprise selecting an implementation environment for the additional component, the implementation environment comprising one of: an on-premise environment, an off-premise environment, and/or a cloud environment.
3. The non-transitory computer readable medium of claim 1, wherein the operations further comprise selecting, by the system, an implementation environment for the system-selected additional component, the implementation environment comprising one of: an on-premise environment, an off-premise environment, and/or a cloud environment.
15. The non-transitory computer readable medium of claim 10, wherein the operations further comprise: receiving a second user input comprising a functionality for the topology of components, wherein the system selects the additional component in response to determining that the additional component is necessary for implementing the functionality for the topology of components.
8. The non-transitory computer readable medium of claim 1, wherein the operations further comprise receiving a second user input comprising a functionality for the topology of components, wherein the system-selected additional component is selected by the system in response to determining that the system-selected additional component is necessary for implementing the functionality for the topology of components.
16. The non-transitory computer readable medium of Claim 10, wherein the system further selects the additional component based on a data input type of data to be transmitted to the topology of components.
9. The non-transitory computer readable medium of claim 1, wherein the system-selected additional component is selected based further on a data input type of data to be transmitted to the topology of components.
17. The non-transitory computer readable medium of Claim 10, wherein generating the topology of components comprises modifying a prior topology of components to generate the topology of components.
10. The non-transitory computer readable medium of claim 1, wherein generating the topology of components comprises modifying a prior topology of components to generate the topology of components.
18. The non-transitory computer readable medium of Claim 17, wherein the system generates the topology of components at runtime while components in the prior topology of components are executed without interruption during a time in which the topology of components is generated.
11. The non-transitory computer readable medium of claim 10, wherein the topology of components is generated at runtime while components in the prior topology of components are executed without interruption during a time in which the topology of components is generated.
19. A method comprising: receiving user input identifying a set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for a particular component, of the set of user-selected components, one or more characteristics, the one or more characteristics comprising: a data output type corresponding to the particular component; determining that the data output type corresponding to the particular component matches a data input type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data input type corresponding to the additional component: selecting, by a system, the additional component to be included in the topology of components; and determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
17. A method comprising: receiving user input identifying a first set of user-selected components to be used for defining a topology of components;
generating the topology of components at least by: identifying for each particular component, of the first set of user-selected components, one or more characteristics, the one or more characteristics being selected from a group comprising: a rule associated with the particular component; a requirement associated with the particular component; a data input type corresponding to the particular component; and
a data output type corresponding to the particular component; based on the one or more characteristics respectively associated with at least one component of the first set of user-selected components: determining that an additional component, not included in the first set of user-selected components is required for implementing a particular dataflow corresponding to the topology of components; selecting the additional component to be included in a topology of components based on: a) the one or more characteristics respectively associated with at least one component of the first set of user-selected components, and b) one or more characteristics of the additional component; and determining: a) the topology of components comprising the first set of user-selected components and the additional component, and b) the particular dataflow corresponding to the topology of components, wherein the method is performed by a system comprising at least one hardware processor.
20. The method of claim 19, wherein the method further comprises: prior to the selecting the additional component, determining by the system that none of the other user-selected components in the set of user-selected components has the data input type of the additional component.
7. The non-transitory computer readable medium of claim 6, wherein the operations further comprise selecting the system-selected additional component in response to further determining that none of the first set of user-selected components is associated with any data output type that matches the first data input type corresponding to the first component of the first set of user-selected components.
21. A method comprising: receiving user input identifying a set of user-selected components to be used for defining a topology of components; generating the topology of components at least by: identifying for a particular component, of the set of user-selected components, one or more characteristics, the one or more characteristics comprising: a data input type corresponding to the particular component; determining that the data input type corresponding to the particular component matches a data output type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data output type corresponding to an additional component: selecting, by a system, the additional component to be included in the topology of components; and determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
17. A method comprising: receiving user input identifying a first set of user-selected components to be used for defining a topology of components;
generating the topology of components at least by: identifying for each particular component, of the first set of user-selected components, one or more characteristics, the one or more characteristics being selected from a group comprising: a rule associated with the particular component; a requirement associated with the particular component; a data input type corresponding to the particular component; and
a data output type corresponding to the particular component; based on the one or more characteristics respectively associated with at least one component of the first set of user-selected components: determining that an additional component, not included in the first set of user-selected components is required for implementing a particular dataflow corresponding to the topology of components; selecting the additional component to be included in a topology of components based on: a) the one or more characteristics respectively associated with at least one component of the first set of user-selected components, and b) one or more characteristics of the additional component; and determining: a) the topology of components comprising the first set of user-selected components and the additional component, and b) the particular dataflow corresponding to the topology of components, wherein the method is performed by a system comprising at least one hardware processor.
22. The method of claim 21, further comprising: prior to the selecting the additional component, determining that none of the other user-selected components in the set of user-selected components has the data output type of the additional component.
5. The non-transitory computer readable medium of claim 4, wherein the operations further comprise selecting the system-selected additional component in response to further determining that none of the first set of user-selected components is associated with any data input type that matches the first data output type corresponding to the first component of the first set of user-selected components.
2. “A later patent claim is not patentably distinct from an earlier patent claim if the later claim obvious over, or anticipated by, the earlier claim. In re Longi, 759 F.2d at 896, 225 USPQ at 651 (affirming a holding of obviousness-type double patenting because the claims at issue were obvious over claims in four prior art patents); In re Berg, 140 F.3d at 1437, 46 USPQ2d at 1233 (Fed. Cir. 1998) (affirming a holding obviousness-type double patenting where a patent application claim to a genus is anticipated by a patent claim to a species within that genus)”. ELI LILLY AND COMPANY vs. BARR LABORATORIES INC., United States Court of Appeals for the Federal Circuit, ON PETITION FOR REHEARING EN BANC (DECIDED: May 30, 2001).
This is a non-provisional obviousness-type double patenting rejection because the conflicting claims have not in fact been patented.
3. Thus, this double patenting rejection is necessary to prevent unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees.
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 of this title, 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.
1. Claim(s) 1-22 are rejected under 35 U.S.C. 103 as being unpatentable over Stanfill (US 2018/0081919 A1) in view of Willis (US 2017/0034031 A1).
With respect to independent claims:
Regarding claim(s) 1, Stanfill teach a non-transitory computer readable medium comprising instructions which, when executed by at least one hardware processor, cause performance of operations comprising: (Stanfill, [0259] and [0282], FIG.1 transitory computer readable medium comprising instructions and processor.)
receiving user input identifying a set of user-selected components to be used for defining a topology of components; (Stanfill, [0118], [0178] and [0213], FIG.9; receive based on user input, the first component 930 has a first scalar input port 942 and the second component 932 has a second scalar input port 944. [examiner notes: both the first scalar input port 942 and dictated by the topology of the data processing graph interpret as user-selected defining a topology of components generating the topology of components as shown in figure 12 A and 12 B.])
generating the topology of components at least by: (Stanfill, [0029], the computing system is able to process data elements using tasks corresponding to components of a data processing graph (or other graph-based program specification) in a manner that facilitates flexible runtime execution of those tasks without requiring an undue burden on a programmer. A graphical user interface allows connections between ports of different types on components that perform desired data processing computations, and the computing system is able to automatically identify subsets that include one or more components and/or nested subsets of components or both for later use in processing the program specification. [examiner notes: the data processing graph interprets as the topology.]) identifying for a particular component, of the set of user-selected components, one or more characteristics, (Stanfill, [0053], [0076] and [0173], identifies one or more “execution sets” of one or more “components” interpreted as user-selected, identifying for each particular component. The process involves identifying a collection is associated with a parameter identifying for each particular component interprets as first set of components, with one or more characteristics.) the one or more characteristics comprising: a data output type corresponding to the particular component; (Stanfill, [0114], FIG.3; output port 358 of the first component is connected to the scalar type input port 360 of the second component 352 by a first link 368 and the scalar type output port 362 of the second component 352 interprets as output type corresponding to the particular component.)
Stanfill does not teach determining that the data output type corresponding to the particular component matches a data input type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data input type corresponding to the additional component: selecting, by a system, the additional component to be included in the topology of components; and determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
Willis however in the same field of computer networking teaches determining that the data output type corresponding to the particular component matches a data input type corresponding to an additional component; (Willis, [0016], [0019] and [0026], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the data output type corresponding to the particular component matches a data input type corresponding to an additional component.)
responsive to determining that the data output type corresponding to the particular component matches the data input type corresponding to the additional component: (Willis, [0016], [0019] and [0026], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the data output type corresponding to the particular component matches the data input type corresponding to the additional component.)
selecting, by a system, the additional component to be included in the topology of components; and (Willis, [0019], [0020], define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function interpreted as the first set of user-selected components and, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the system-selected additional component.)
determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component. (Willis, [0019], [0020], FIG.1; define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function interpreted as the first set of user-selected components and , such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the system-selected additional component.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Stanfill by incorporating the teachings of Willis. The motivation/suggestion would have been because there is a need to allow a user to analyze a user-defined network to determine the optimal periods for performing a function, so as to minimize the impact on normal operations, to stage the function and to otherwise manage the function to prevent inadvertent downtime or misoperation of the components of the user-selected network (Willis, [0024]).
Regarding claim(s) 10, Stanfill teach a non-transitory computer readable medium comprising instructions that, when executed by at least one hardware processor, cause performance of operations comprising: (Stanfill, [0259] and [0282], FIG.1 transitory computer readable medium comprising instructions and processor.)
receiving user input identifying a set of user-selected components to be used for defining a topology of components; (Stanfill, [0118], [0178] and [0213], FIG.9; receive based on user input, the first component 930 has a first scalar input port 942 and the second component 932 has a second scalar input port 944. [examiner notes: both the first scalar input port 942 and dictated by the topology of the data processing graph interpreted as user-selected defining a topology of components generating the topology of components as shown in figure 12 A and 12 B.])
generating the topology of components at least by: (Stanfill, [0029], the computing system is able to process data elements using tasks corresponding to components of a data processing graph (or other graph-based program specification) in a manner that facilitates flexible runtime execution of those tasks without requiring an undue burden on a programmer. A graphical user interface allows connections between ports of different types on components that perform desired data processing computations, and the computing system is able to automatically identify subsets that include one or more components and/or nested subsets of components or both for later use in processing the program specification. [examiner notes: the data processing graph interprets as the topology.])
identifying for a particular component, of the set of user-selected components, one or more characteristics, (Stanfill, [0053], [0076] and [0173], identifies one or more “execution sets” of one or more “components” interpreted as user-selected, identifying for each particular component. The process involves identifying a collection is associated with a parameter identifying for each particular component interpret as first set of components, with one or more characteristics.) the one or more characteristics comprising: a data input type corresponding to the particular component; (Stanfill, [0114], FIG.3; output port 358 of the first component is connected to the scalar type input port 360 of the second component 352 by a first link 368 and the scalar type output port 362 of the second component 352 interpret as output type corresponding to the particular component.)
Stanfill does not teach determining that the data input type corresponding to the particular component matches a data output type corresponding to an additional component; responsive to determining that the data output type corresponding to the particular component matches the data output type corresponding to an additional component: selecting, by a system, the additional component to be included in the topology of components; and determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component.
Willis however in the same field of computer networking teaches determining that the data input type corresponding to the particular component matches a data output type corresponding to an additional component; (Willis [0016], [0019] and [0022], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the data input type corresponding to the particular component matches a data output type corresponding to an additional component.)
responsive to determining that the data output type corresponding to the particular component matches the data output type corresponding to an additional component: (Willis, [0016], [0019] and [0026], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the data output type corresponding to the particular component matches the data output type corresponding to an additional component.)
selecting, by a system, the additional component to be included in the topology of components; and (Willis, [0019], [0020], define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function interpret as the first set of user-selected components and, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the system-selected additional component.)
determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component. (Willis, [0019], [0020], FIG.1; define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function interpret as the first set of user-selected components and , such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the system-selected additional component.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective date of the claimed invention to modify Stanfill by incorporating the teachings of Willis. The motivation/suggestion would have been because there is a need to allow a user to analyze a user-defined network to determine the optimal periods for performing a function, so as to minimize the impact on normal operations, to stage the function and to otherwise manage the function to prevent inadvertent downtime or misoperation of the components of the user-selected network (Willis, [0024]).
Claim(s) 19 is/are substantially similar to claim 1, and is thus rejected under substantially the same rationale.
Claim(s) 21 is/are substantially similar to claim 10, and is thus rejected under substantially the same rationale.
With respect to dependent claims:
Regarding claim(s) 2, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein the operations further comprise: prior to the selecting the additional component, determining that none of the other user-selected components in the set of user-selected components has the data input type of the additional component. (Willis, [0016], [0019] and [0022], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as components in the set of user-selected components has the data input type of the additional component.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 3, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein determining the topology of components further comprises: determining, by the system: a) the topology of components comprising the set of user-selected components and the additional component, (Willis, [0019] and [0020], define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the first set of user-selected components and the user-selected additional component.) and b) a dataflow corresponding to the topology of components. (Willis, [0019], generate a graphic user interface that displays a network topology map by detecting components on a network interpret as dataflow corresponding to the topology of components.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 4, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein prior to the selecting the additional component, the operations further comprise: determining, by the system, that the set of user-selected components is insufficient to complete any topology of components. (Willis, [0019] and [0020], define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as determining that the first set of user-selected components are insufficient to complete any topology of components.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 5, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein the operations further comprise selecting an implementation environment for the additional component, the implementation environment comprising one of: an on-premise environment, an off-premise environment, and/or a cloud environment. (Stanfill, [0054], server computers that provide both distributed computation resources and distributed storage resource interpret as on-premise environment, an off-premise environment, and/or a cloud environment.t)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 6, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein the operations further comprise: receiving a second user input comprising a functionality for the topology of components, wherein the system selects the additional component in response to determining that the additional component is necessary for implementing the functionality for the topology of components. (Willis, [0016], [0019] and [0020], displays a network topology map by detecting components on a network, and can receive a user selection of two or more end point components selected components that can be required for a predetermined function, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as determining that the first set of user-selected components are insufficient to complete any topology of components.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 7, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein the system further selects the additional component based on a data input type of data to be transmitted to the topology of components. (Willis, [0016], [0019] and [0020], define the user-selected network, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components input data, interpret as selected based further on a data input type of data to be transmitted to the topology of components.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 8, the non-transitory computer readable medium of claim 1,
Stanfill-Willis teach wherein generating the topology of components comprises modifying a prior topology of components to generate the topology of components. (Willis, [0019] and [0020], define the user-selected network, displays a network topology map by detecting components on a network, and can receive a user, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as the first set of user-selected components and the user-selected additional component.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 9, the non-transitory computer readable medium of claim 8,
Stanfill-Willis teach wherein the system generates the topology of components at runtime while components in the prior topology of components are executed without interruption during a time in which the topology of components is generated. (Willis, [0018] and [0020], network traffic across this user-defined network can be measured over time by a suitable system network component interpret as generated at runtime while components in the prior topology of components are executed without interruption.)
The same motivation to combine as the independent claim 1 applies here.
Regarding claim(s) 11, the non-transitory computer readable medium of claim 10,
Stanfill-Willis teach wherein the operations further comprise: prior to the selecting the additional component, determining that none of the other user-selected components in the set of user-selected components has the data output type of the additional component. (Willis, [0016], [0019] and [0022], define the user-selected network, displays a network topology map by detecting components on a network, input data by selected components that can be required for a predetermined function of output data, such as to assist the user with identification of all necessary components, to prompt the user to select one or more redundant components interpret as components has the data output type of the additional component.[examiner notes: match user input data and display redundant components, if not match, no redundant components will be displayed.])
The same motivation to combine as the independent claim 1 applies here.
Claim(s) 12 is/are substantially similar to claim 3, and is thus rejected under substantially the same rationale.
Claim(s) 13 is/are substantially similar to claim 4, and is thus rejected under substantially the same rationale.
Claim(s) 14 is/are substantially similar to claim 5, and is thus rejected under substantially the same rationale.
Claim(s) 15 is/are substantially similar to claim 6, and is thus rejected under substantially the same rationale.
Claim(s) 16 is/are substantially similar to claim 7, and is thus rejected under substantially the same rationale.
Claim(s) 17 is/are substantially similar to claim 8, and is thus rejected under substantially the same rationale.
Claim(s) 18 is/are substantially similar to claim 9, and is thus rejected under substantially the same rationale.
Claim(s) 20 is/are substantially similar to claim 2, and is thus rejected under substantially the same rationale.
Claim(s) 22 is/are substantially similar to claim 11, and is thus rejected under substantially the same rationale.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WUJI CHEN whose telephone number is (571)270-0365. The examiner can normally be reached on 9am-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VIVEK SRIVASTAVA can be reached on (571) 272-7304. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WUJI CHEN/
Examiner, Art Unit 2449
/VIVEK SRIVASTAVA/Supervisory Patent Examiner, Art Unit 2449