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
1.This action is response to application filed on 10/08/2024. Claims 1-20 are pending.
Double patenting
2. 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.
Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b).
Claims 1, 12 and 20 are rejected on the ground of nonstatutory double patenting as anticipated by claim 1 of U.S. Patent No. 12,143,270. Although the claims at issue are not identical, but they are not patentably distinct from each other because both of them describe a similar method for updating a network policy based upon the version of updated component.
The current application 18909252
Patent #12,143,270
Explanation
1.A computer-implemented method comprising:
obtaining network path information between nodes of a network in which components of an application are executing on a node of the nodes;
determining, based on the network path information, that network connecting information associated with an update of a component of the components complies with a first network policy;
after determining that the network connecting information complies with the first network policy, generating a second network policy for the update of the component, wherein the second network policy is generated based on a version label associated with the update of the component; and
deploying the update of the component and the second network policy to the node.
1.A computer-implemented method comprising:
detecting that a first version of a first component of a containerized application is to be deployed to a first node of a network, wherein a second version of the first component of the containerized application is executing on a second node of the network;
obtaining network path information between nodes of the network;
determining, based on the network path information, that first network connecting information associated with the first version of the first component of the containerized application complies with a predetermined network policy of a plurality of predetermined network policies;
in response to determining that the first network connecting information associated with the first version of the first component of the containerized application complies with the predetermined network policy of the plurality of predetermined network policies, generating a first fine-grained network policy for the first version of the first component of the containerized application, wherein the first fine-grained network policy for the first version of the first component of the containerized application is generated based on a first version label and the first network connecting information associated with the first version of the first component of the containerized application; and
deploying the first version of the first component of the containerized application and the first fine-grained network policy for the first version of the first component of the containerized application to the network.
Refer to ‘Explanation’ below.
Similar remarks apply to the instant claims 12 and 20.
Explanation:
“a first network policy” of the current application reads on “predetermined network policy” of Patent #12,143,270.
“the second network policy” reads on “a first fine-grained network policy” of Patent #12,143,270.
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.
4. Claims 1, 7, 11-12, 18, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jin et al. (CN 102474519 A) in view of Draper et al. (US 20120137278)
Regarding claim 1:
a computer-implemented method comprising:
obtaining network path information between nodes of a network in which components of an application are executing on a node of the nodes: (wireless multiple-access communication system can simultaneously support communication for multiple mobile devices. Each mobile device can communicate through transmission and one or more base stations on the forward link and reverse link. The forward link (or downlink) refers to the communication link from the base station to the mobile device, and the reverse link (or uplink) refers to the communication link from the mobile device to the base station. A device in a wireless network can be connected to one or more core network components communication for authentication and/or authorization to access the wireless network: Jin, [0005]-[0006]);
determining, based on the network path information, that network connecting information associated with an update of a component of the components complies with a first network policy: (the one or more different components can be realized by one or more gateway. The one or more gateways may be implemented for managing carrier and/or the other component carrier associated with the policy rule: Jin [0007]).
determining that the network connecting information complies with the first network policy; generating a second network policy for the update of the component: (carrier modification process to the gateway to provide one or more policy rules that have been modified. The determination of whether to successfully complete the carrier modification process to the gateway, using the one or more modified policy rules: Jin [0010]).
However, Jin does not teach a second network policy is generated based on a version label associated with the update of the component; and deploying the update of the component and the second network policy to the node.
In similar art, Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks (the second network policy is generated based on a version label associated with the update of the component)(see Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
Regarding claim 7:
In addition to the rejection claim 1, Jin-Draper further teaches wherein the component is executing on the node according to a third network policy, and wherein deploying the update of the component to the node and the second network policy to the node causes the update of the component to execute on the node according to the second network policy: (Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks: Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
Regarding claim 11:
In addition to the rejection claim 1, Jin-Draper further teaches wherein deploying the update of the component and the second network policy to the node further causes the component and the update to the component to concurrently execute on the node, communications to be routed to the component according to the first network policy, and communications to be routed to the update of the component according to the second network policy: (Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks: see Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
Regarding claim 12:
A system comprising: one or more processors; and one or more computer readable media storing instructions which, when executed by the one or more processors, cause the system to perform operations comprising:
obtaining network path information between nodes of a network in which components of an application are executing on a node of the nodes: (wireless multiple-access communication system can simultaneously support communication for multiple mobile devices. Each mobile device can communicate through transmission and one or more base stations on the forward link and reverse link. The forward link (or downlink) refers to the communication link from the base station to the mobile device, and the reverse link (or uplink) refers to the communication link from the mobile device to the base station. A device in a wireless network can be connected to one or more core network components communication for authentication and/or authorization to access the wireless network: Jin, [0005]-[0006]);
determining, based on the network path information, that network connecting information associated with an update of a component of the components complies with a first network policy: (the one or more different components can be realized by one or more gateway. The one or more gateways may be implemented for managing carrier and/or the other component carrier associated with the policy rule: Jin [0007]).
determining that the network connecting information complies with the first network policy; generating a second network policy for the update of the component: (carrier modification process to the gateway to provide one or more policy rules that have been modified. The determination of whether to successfully complete the carrier modification process to the gateway, using the one or more modified policy rules: Jin [0010]).
However, Jin does not teach a second network policy is generated based on a version label associated with the update of the component; and deploying the update of the component and the second network policy to the node.
In similar art, Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks (the second network policy is generated based on a version label associated with the update of the component)(see Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
Regarding claim 18:
In addition to the rejection claim 12, Jin-Draper further teaches wherein the component is executing on the node according to a third network policy, and wherein deploying the update of the component to the node and the second network policy to the node causes the update of the component to execute on the node according to the second network policy: (Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks (the second network policy is generated based on a version label associated with the update of the component)(see Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
Regarding claim 20:
One or more non-transitory computer-readable media storing computer-readable instructions that, when executed by a processing system, cause a system to perform operations comprising:
obtaining network path information between nodes of a network in which components of an application are executing on a node of the nodes: (wireless multiple-access communication system can simultaneously support communication for multiple mobile devices. Each mobile device can communicate through transmission and one or more base stations on the forward link and reverse link. The forward link (or downlink) refers to the communication link from the base station to the mobile device, and the reverse link (or uplink) refers to the communication link from the mobile device to the base station. A device in a wireless network can be connected to one or more core network components communication for authentication and/or authorization to access the wireless network: Jin, [0005]-[0006]);
determining, based on the network path information, that network connecting information associated with an update of a component of the components complies with a first network policy: (the one or more different components can be realized by one or more gateway. The one or more gateways may be implemented for managing carrier and/or the other component carrier associated with the policy rule: Jin [0007]).
determining that the network connecting information complies with the first network policy; generating a second network policy for the update of the component: (carrier modification process to the gateway to provide one or more policy rules that have been modified. The determination of whether to successfully complete the carrier modification process to the gateway, using the one or more modified policy rules: Jin [0010]).
However, Jin does not teach a second network policy is generated based on a version label associated with the update of the component; and deploying the update of the component and the second network policy to the node.
In similar art, Draper teaches a migration set list generator specifies a physical topology (network policy) of a deployed software solution, wherein the software solution comprises a plurality of software components and data associated with said plurality of software components integrated into a single entity. The migration set list generator specifies at least one solution change to the deployed software solution to meet at least one business requirement and specifies at least one migration strategy for migrating the deployed software solution, wherein the at least one migration strategy comprises at least one of a product level strategy specified for a particular software component (the update of the component) of the plurality of software components and at least one solution level strategy specified for the plurality of software components, wherein the product level strategy overrides the solution level strategy for the particular software component. The migration set list generator generates a plurality of migration tasks for making the at least one solution change to the deployed software solution specified in the physical topology based on the at least one migration strategy and generates a recommended physical topology yielded for the software solution if the physical topology is updated according to the plurality of migration tasks (the second network policy is generated based on a version label associated with the update of the component)(see Draper abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Draper’s ideas into Jin’s system in order to provide an efficient network management system by recommending physical topology for providing a simulated plan for migrating the software solution according to the at least one migration strategy to meet the at least one business requirement (see, Draper [0007]).
5. Claims 2, 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Venkataraman (US 20200112540)
Regarding claim 2:
Jin-Draper discloses the invention substantially as disclosed in claim 2, but does not explicitly teach generating the second network policy comprises generating the version label for the update of the component.
In similar art, Venkataraman teaches network security policies including updated versions, (Venkataraman [0070]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Venkataraman’s ideas into Jin-Draper’s system in order to save resources and development time by implying Venkataraman’s ideas into Jin-Draper’s system.
Regarding claim 13:
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach generating the second network policy comprises generating the version label for the update of the component.
In similar art, Venkataraman teaches network security policies including updated versions, (Venkataraman [0070]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Venkataraman’s ideas into Jin-Draper’s system in order to save resources and development time by implying Venkataraman’s ideas into Jin-Draper’s system.
6. Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Khivesara (US 8,102,864)
Regarding claim 3:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach wherein the second network policy defines a network path between the update of the component and one or more other components of the components, and wherein the second network policy defines the network path based on the version label.
In similar art, Khivesara teaches topology tables contain a version number to determine whether it has the latest version of the topology table (Khivesara column 18, lines 10-22).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Khivesara’s ideas into Jin-Draper’s system in order to save resources and development time by implying Khivesara’s ideas into Jin-Draper’s system.
Regarding claim 14:
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach wherein the second network policy defines a network path between the update of the component and one or more other components of the components, and wherein the second network policy defines the network path based on the version label.
In similar art, Khivesara teaches topology tables contain a version number to determine whether it has the latest version of the topology table (Khivesara column 18, lines 10-22).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Khivesara’s ideas into Jin-Draper’s system in order to save resources and development time by implying Khivesara’s ideas into Jin-Draper’s system.
7. Claims 4, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Khivesara (US 8,102,864) and further in view of Xie et al. (CN 113342456 A)
Regarding claim 4:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach the version label is a first version label, wherein the component is associated with a second version label different from the first version label.
In similar art, Khivesara teaches a table contain version numbers of the topologies (see, Khivesara column 18, lines 10-22).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Khivesara’s ideas into Jin-Draper’s system in order to save resources and development time by implying Khivesara’s ideas into Jin-Draper’s system.
However, Jin-Draper-Khivesara does not explicitly teach a third network policy for the component defines a network path for the component based on the second version label.
In similar art, Xie teaches updating network topology (a network path) for the container responding to updating the container object (component) (Xie page 12).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Xie’s ideas into Jin-Draper-Khivesara’s system in order to save resources and development time by implying Xie’s ideas into Jin-Draper-Khivesara’s system.
Regarding claim 15
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach the version label is a first version label, wherein the component is associated with a second version label different from the first version label.
In similar art, Khivesara teaches a table contain version numbers of the topologies (see, Khivesara column 18, lines 10-22).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Khivesara’s ideas into Jin-Draper’s system in order to save resources and development time by implying Khivesara’s ideas into Jin-Draper’s system.
However, Jin-Draper-Khivesara does not explicitly teach a third network policy for the component defines a network path for the component based on the second version label.
In similar art, Xie teaches updating network topology (a network path) for the container responding to updating the container object (component) (Xie page 12).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Xie’s ideas into Jin-Draper-Khivesara’s system in order to save resources and development time by implying Xie’s ideas into Jin-Draper-Khivesara’s system.
8. Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Dhruvakumar et al. (US 20220150133)
Regarding claim 8:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach the component is associated with a third network policy, and wherein the method further comprises: after deploying the update of the component to the node, detecting that the component has been removed from the node; and removing third network policy from the node.
In similar art, Dhruvakumar teaches if the delta metadata representation specifies changes to the port of a service from P1 to P2, the data center modification module generates instructions to delete network policies and trust relationships based on port P1 since port P1 is not functional anymore. The data center modification module generates instructions to add network policies and trust relationships based on port P2 (Dhruvakumar [0114]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Dhruvakumar’s ideas into Jin-Draper’s system in order to save resources and development time by implying Dhruvakumar’s ideas into Jin-Draper’s system.
Regarding claim 19:
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach the component is associated with a third network policy, and wherein the method further comprises: after deploying the update of the component to the node, detecting that the component has been removed from the node; and removing third network policy from the node.
In similar art, Dhruvakumar teaches if the delta metadata representation specifies changes to the port of a service from P1 to P2, the data center modification module generates instructions to delete network policies and trust relationships based on port P1 since port P1 is not functional anymore. The data center modification module generates instructions to add network policies and trust relationships based on port P2 (Dhruvakumar [0114]).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Dhruvakumar’s ideas into Jin-Draper’s system in order to save resources and development time by implying Dhruvakumar’s ideas into Jin-Draper’s system.
9. Claims 5, 9, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Xie et al. (CN 113342456 A)
Regarding claim 5:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach the first network policy defines a network path between the component and one or more other components of the components and a network path between the update of the component and one or more other components of the components.
In similar art, Xie teaches updating network topology (a network path) for the container responding to updating the container object (component) (Xie page 12).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Xie’s ideas into Jin-Draper’s system in order to save resources and development time by implying Xie’s ideas into Jin-Draper’s system.
Regarding claim 9:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach deploying the update of the component and the second network policy to the node causes the update of the component to execute on the node.
In similar art, Xie teaches updating network topology (a network path) for the container responding to updating the container object (component) (Xie page 12).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Xie’s ideas into Jin-Draper’s system in order to save resources and development time by implying Xie’s ideas into Jin-Draper’s system.
Regarding claim 16:
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach the first network policy defines a network path between the component and one or more other components of the components and a network path between the update of the component and one or more other components of the components.
In similar art, Xie teaches updating network topology (a network path) for the container responding to updating the container object (component) (Xie page 12).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Xie’s ideas into Jin-Draper’s system in order to save resources and development time by implying Xie’s ideas into Jin-Draper’s system.
10. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper-Xie in view of Takayanagi et al. (JP 2022073666 A)
Regarding claim 10:
Jin-Draper-Xie discloses the invention substantially as disclosed in claim 9, but does not explicitly teach deploying the update of the component and the second network policy to the node further causes a version of the component that is currently executing on the node to stop executing on the node.
In similar art, Takayanagi teaches during production is updated, the pause processing is executed (page 6).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Takayanagi’s ideas into Jin-Draper-Xie’s system in order to save resources and development time by implying Takayanagi’s ideas into Jin-Draper-Xie’s system.
11. Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jin-Draper in view of Cherunni (US 11,296,975)
Regarding claim 6:
Jin-Draper discloses the invention substantially as disclosed in claim 1, but does not explicitly teach network policy defines a network path between the component and one or more other components of the components based on at least one of a zone label for the component and a name of the component.
In similar art, Cherunni teaches generating, by a virtual infrastructure manager (“VIM”), a plurality of labels associated with physical links on the physical network corresponding to the identified portions of the virtual network path (abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Cherunni’s ideas into Jin-Draper’s system in order to save resources and development time by implying Cherunni’s ideas into Jin-Draper’s system.
Regarding claim 17:
Jin-Draper discloses the invention substantially as disclosed in claim 12, but does not explicitly teach network policy defines a network path between the component and one or more other components of the components based on at least one of a zone label for the component and a name of the component.
In similar art, Cherunni teaches generating, by a virtual infrastructure manager (“VIM”), a plurality of labels associated with physical links on the physical network corresponding to the identified portions of the virtual network path (abstract).
Thus, it would have been obvious to a person of ordinary skill in the art before the effective filling date of the claimed invention was made to modify Cherunni’s ideas into Jin-Draper’s system in order to save resources and development time by implying Cherunni’s ideas into Jin-Draper’s system.
Conclusions
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/LAN DAI T TRUONG/ Primary Examiner, Art Unit 2444