Response to an Amendment
This office action is a response to a communication made on 07/08/2026.
Claims 1 and 5 are currently amended.
Claims 1-11 are pending for this application.
Terminal Disclaimer
The terminal disclaimer filed on 07/13/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of 18924441 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments, see remarks on page 7, filed 07/08/2026, with respect to claims 1-11, have been fully considered and are persuasive due to filing a terminal disclaimer. The rejection of double patenting has been withdrawn.
Applicant: Applicant’s arguments, see remarks on page 7, filed 07/08/2026, applicant argues that, “Nucci fails to disclose or suggest validating connection parameters by determining whether there are sufficient network elements available to generate a specific network path”, as recited in the present claims.
Examiner: Applicant's arguments filed 07/08/2026 have been fully considered but they are not persuasive. Examiner respectfully disagrees.
Chiosi Col-18, II. 33-36, i.e. The directed graphs 216 can be used to perform the actual event processing defined by the service and network models. In some embodiments, the directed graphs 216 can define paths through one or more sets of functions, Col-30, II. 43-49, teaches network 604 devices are accessible via one or more network links (i.e. connection), The servers often store various files (i.e. database) that are provided to a requesting device Such as, for example, a computer, a terminal, a Smartphone, or the like.
Iwata Col-3, II. 64-65, teaches the user's connection request contains a destination address and a QOS parameter value, See Fig.7, i.e. plurality of connection parameters as QOS parameters at step 703.
However, Chiosi in view of Iwata remain silent on validating the plurality of connection parameters including accessing an inventory database to determine whether sufficient network elements of a telecommunications network are available to generate the network path as defined by the plurality of connection parameters.
Nucci discloses validating the plurality of connection parameters including accessing an inventory database to determine whether sufficient network elements of a telecommunications network are available to generate the network path as defined by the plurality of connection parameters because ¶0027, i.e. a record can include product inventory database, ¶0030-¶0031, teaches MDM data store 302… the data store 302 is configured to store each of the golden records (i.e. accessing an inventory) managed by the system, the data store 302 is included at or proximately located near other portions of the MDM system 131. For example, the MDM system 131 can include one or more servers installed at an equipment rack and the data store 302 can include one or more disk drives immediately accessible to the server over a local interconnect. In another embodiment, the data store 302 can be located geographically remote from other portions of the MDM system 131. For example, portions of the data store 302 associated with a particular client can be located on-premise at a corresponding client enterprise, such as at the enterprise 110 of FIG. 1. Alternatively, the data store 302 associated with one or more clients can be provided at another enterprise that is remote from the MDM system 131, such as at one or more commercial enterprises that provide data storage and archival services. In an embodiment, the data store 302 can segregate records of one client from records of another client, while in another embodiment; records of disparate clients can be intermingled on a single logical device or group of devices (i.e. sufficient network elements), ¶0037, i.e. the suggest unit 305 can provide a golden record data profile that includes attributes identified by previous users of the MDM system 131 that generated golden records relating to products, ¶0062, i.e. routing data down multiple paths (i.e. networks are available to generate the network path as defined by the plurality of connection parameters ) of execution by examining the contents of the data.
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.
Claims 1, 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiosi et al. (US 9436443B2), hereinafter “Chiosi” in view of Iwata (US 5933425)”, and further in view of Nucci et al. (US 2013/0290690), hereinafter “Nucci”. Chiosi, Iwata and Nucci cited in applicant IDS filed 10/26/2024 and 10/23/2024.
With respect to claim 1, Chiosi discloses a method of dynamically establishing a telecommunications service, comprising:
utilizing a processor in communication with a tangible storage medium storing instructions that are executed by the processor to perform operations comprising (Col-6, II. 1-5, teaches the computer-executable instructions, when executed by the processor, can cause the processor to perform operations further including determining that the service is ready for deployment based upon the compiling):
accessing a request to provision a network path between a first device and a second device, (Col-8, II. 52-54, teaches enable interactions between the computing device 102 and other devices or entities, Col-9, II. 64-66, i.e. the computing device 102 communicates with the portal 120 to define or request particular service features, Col-18, II. 33-36, i.e. The directed graphs 216 can be used to perform the actual event processing defined by the service and network models. In some embodiments, the directed graphs 216 can define paths (i.e. connection) through one or more sets of functions);
generating the network path (Col-7, II. 34-35, i.e. generate directed graphs to provide the functionality, Col-8, II. 52-57, teaches applications that enable interactions between the computing device 102 and other devices or entities. Col-18, II. 33-36, i.e. The directed graphs 216 can be used to perform the actual event processing defined by the service and network models. In some embodiments, the directed graphs 216 can define paths through one or more sets of functions), comprising:
accessing data identifying a network resource from a database connectable to the first device (Col-23, II. 54-58, i.e. the computing system 132 can access one or more network maps and/or other data, which can be managed and/or accessed by the computing system 132 and/or the software defined network controller 114 to complete operation 404, Col-33, II. 4-10, teaches the network devices 710 enable the computer system 700 to communicate with other networks or remote systems via a network, such as the network 104. Examples of the network devices 710 include, but are not limited to, a modem, a radio frequency (“RF) or infrared (“IR”) transceiver, a telephonic interface, a bridge, a router (i.e. a network resource), or a network card),
assigning the network resource to the network path and satisfying the plurality of connection parameters (col-15, II. 27-30, i.e. the network resource autonomous controller 202 can assign or reassign virtual and/or physical network functions (collectively illustrated as functions in FIGS. 1-2) needed to support the service 130, Col-29, II. 1-3, teaches the service orchestrator 112) can request that an IMS control function create an IMS configuration that meets (i.e. satisfy) at least minimum requirements), and
accessing configuration attributes associated with the first device, the second device, and the network resource from the database to generate a configuration file for configuring the first device, the second device, and the network resource as defined by the plurality of connection parameters (Col-2, II. 26-30, i.e. the software defined network controller can include various components and/or can be provided via cooperation of various network devices (i.e. first and second devices) or components, Col-16, II. 11-13, teaches the service resources, on the other hand, can correspond to soft resources that are subject to change Such as, for example, Internet Protocol (“IP) addresses (i.e. configuration attributes), Col-18, II. 5-10, i.e. The compilers 212 can use model files 214 (e.g., XML files (i.e. configuration file), Yang models, or the like) and the network maps or other network logic (which can be defined in one or more XML files or other types of files or objects) to create the directed graph 216 that is to be used during event processing, Col-19, II. 3-5, i.e. The adapters 208 can use the device data model to map the network configuration data to the vendor specific device model, Col-25, II. 40-43, i.e. The network resource autonomous controller 202 can configure the resources 124 in some instances and/or can communicate with other devices or entities to configure the resources, Col-30, II. 43-49, teaches network 604 devices are accessible via one or more network links (i.e. connection), The servers often store various files (i.e. database) that are provided to a requesting device Such as, for example, a computer, a terminal, a Smartphone, or the like, Col-33, II. 4-10, teaches the network devices 710 enable the computer system 700 to communicate with other networks or remote systems via a network, such as the network 104. Examples of the network devices 710 include, but are not limited to, a modem, a radio frequency (“RF”) or infrared (“IR”) transceiver, a telephonic interface, a bridge, a router, or a network card, wherein router, bridge and network card area plurality of network resources).
Chiosi remain silent on the request including a plurality of connection parameters defining the network path, the network path comprising network resources that logically interconnect the first device with the second device.
Iwata discloses the request including a plurality of connection parameters defining the network path (Col-3, II. 64-65, teaches the user's connection request contains a destination address and a QOS parameter value, See Fig.7, i.e. plurality of connection parameters as QOS parameters at step 703).
the network path comprising network resources that logically interconnect the first device with the second device (Col-3, II. 24-29, teaches a plurality of nodes A, B, C, D and E are interconnected (i.e. logically interconnected) by communication links. User terminals 100 and 107 are shown connected to nodes A and E, respectively, Col-3, II. 36-37, i.e. The QOS parameters include resource constraints).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Choisi’s system with connection parameters defining the network path of Iwata, in order to reduce connection establishment delay by reducing number of calculations needed for choosing optimal path (Iwata).
Chiosi Col-18, II. 33-36, i.e. The directed graphs 216 can be used to perform the actual event processing defined by the service and network models. In some embodiments, the directed graphs 216 can define paths through one or more sets of functions, Col-30, II. 43-49, teaches network 604 devices are accessible via one or more network links (i.e. connection), The servers often store various files (i.e. database) that are provided to a requesting device Such as, for example, a computer, a terminal, a Smartphone, or the like. Iwata Col-3, II. 64-65, teaches the user's connection request contains a destination address and a QOS parameter value, See Fig.7, i.e. plurality of connection parameters as QOS parameters at step 703. However, Chiosi in view of Iwata remain silent on validating the plurality of connection parameters including accessing an inventory database to determine whether sufficient network elements of a telecommunications network are available to generate the network path as defined by the plurality of connection parameters;
Nucci discloses validating the plurality of connection parameters including accessing an inventory database to determine whether sufficient network elements of a telecommunications network are available to generate the network path as defined by the plurality of connection parameters (¶0027, i.e. a record can include product inventory database, ¶0030-¶0031, teaches MDM data store 302… the data store 302 is configured to store each of the golden records (i.e. accessing an inventory) managed by the system, the data store 302 is included at or proximately located near other portions of the MDM system 131. For example, the MDM system 131 can include one or more servers installed at an equipment rack and the data store 302 can include one or more disk drives immediately accessible to the server over a local interconnect. In another embodiment, the data store 302 can be located geographically remote from other portions of the MDM system 131. For example, portions of the data store 302 associated with a particular client can be located on-premise at a corresponding client enterprise, such as at the enterprise 110 of FIG. 1. Alternatively, the data store 302 associated with one or more clients can be provided at another enterprise that is remote from the MDM system 131, such as at one or more commercial enterprises that provide data storage and archival services. In an embodiment, the data store 302 can segregate records of one client from records of another client, while in another embodiment; records of disparate clients can be intermingled on a single logical device or group of devices (i.e. sufficient network elements), ¶0037, i.e. the suggest unit 305 can provide a golden record data profile that includes attributes identified by previous users of the MDM system 131 that generated golden records relating to products, ¶0062, i.e. routing data down multiple paths (i.e. networks are available to generate the network path as defined by the plurality of connection parameters ) of execution by examining the contents of the data).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Chiosi’s the directed graphs 216 can define paths and devices are accessible via one or more network links (i.e. connection) in view of Iwata’s plurality of connection parameters as QOS parameters with accessing an inventory database to determine whether sufficient network elements of a telecommunications network are available to generate the network path as defined by the plurality of connection parameters of Nucci, in order to allow the system to determine, in advance, whether sufficient network resources exist to satisfy the specified connection parameters, thereby avoiding generation of infeasible paths and reducing failed or unnecessary path-provisioning operations (Nucci).
With respect to claim 6, Chiosi in view of Iwata, and further in viewof Nucci discloses the method of claim 1, further comprising generating the network path with at least one provider edge (PE) device, a metro ring device, or a telecommunication core network (Chiosi, Col-4, II. 45-49, i.e. this can include the configuration of the virtual networks, which may be in the hypervisor, the top of rack, the cloud network fabric, and/or the IP provider edge, which can connect the cloud network with the service provider WAN network, See Col-30, II. 33-35).
With respect to claim 9, Chiosi in view of Iwata, and further in viewof Nucci discloses the method of claim 1, further comprising generating the network path using a plurality of network devices of a type and role that have been predetermined to be able to satisfy the plurality of connection parameters (Iwata, Col-7, II. 15-22, teaches a path topology 602 (FIG. 6D) is then stored into the demand-assigned path table 106 for the selected path A-C-E (step 506) and flow proceeds to step 203 to check to see if the selected path satisfies the other requested QOS parameter value, i.e. the ACR value. Since all the links of the selected path A-C-E satisfy the requested ACR value of 20 Mbps, flow proceeds from step 203 to step 204 to transmit a Setup message to node C, containing the topology data Stored in the demand-assigned path table 106, Col-8, II. 8-13).
Claims 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiosi in view of Iwata in view of Nucci, and further in view of Chamas et al. (US 7760738), hereinafter “Chamas”. Chamas cited in applicant IDS filed 10/23/2024.
With respect to claim 2, Chiosi in view of Iwata, and further in viewof Nucci discloses the method of claim 1, further comprising:
identifying the network resource by accessing information about possible network resources available to the first device from the database (Chiosi, Col-23, II. 54-58, i.e. the computing system 132 can access one or more network maps and/or other data, which can be managed and/or accessed by the computing system 132 and/or the software defined network controller 114 to complete operation 404, Col-33, II. 4-10, teaches the network devices 710 enable the computer system 700 to communicate with other networks or remote systems via a network, such as the network 104. Examples of the network devices 710 include, but are not limited to, a modem, a radio frequency (“RF) or infrared (“IR”) transceiver, a telephonic interface, a bridge, a router (i.e. a network resource), or a network card, Col-14, II. 52-61, Iwata, Col-3, II. 34-41);
wherein the first device comprises a first network interface device (NID) associated with a first multiplexed user network interface (UNI) (Chiosi, Col-3, II. 42-46, i.e. The software defined network controller also can provide a consolidated network management interface (i.e. network interface device) to permit the combination of real time data from the service and network elements with real time or near real time control of the forwarding plane, Col-32, II. 57-59, teaches the user interface devices 706 may include one or more devices with which a user accesses the computer system 700.);
wherein the network resource comprises a network device along the network path that logically interconnects the first device with the second device (Iwata, Col-3, II. 39-41, i.e. selecting an optimum path (i.e. network path) between a source and a destination, Col-3, II. 24-29, i.e. a plurality of nodes A, B, C, D and E (i.e. network device) are interconnected (i.e. logically interconnected) by communication links. User terminals 100 and 107 are shown connected to nodes A and E, respectively, Col-3, II. 36-37, i.e. The QOS parameters include resource constraints).
However, Chiosi in view of Iwata, and further in view of Nucci remain silent on wherein the network path defines an Ethernet virtual connection.
Chamas discloses wherein the network path defines an Ethernet virtual connection (Col-3, II. 14-15, i.e. path selection function for provisioning connections such as Ethernet Virtual Connections (EVCs) in a network, Such as a multiple spanning tree network Col-4, II. 22-24, i.e. If a path is available then the system 10 assigns the service request 14 a connection, such as an EVC in the case of Ethernet networks, Col-6, II. 9-10, i.e. selecting a network path for a given EVC).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with the teaching of Chamas to define an Ethernet virtual connection of Chamas in order to determine the efficient path of the network. The system dynamically re-routes assigned Ethernet virtual connection paths based on higher class of service requirements and real-time feedback from active probes within the network (Chamas).
With respect to claim 3, Chiosi in view of Iwata, and further in view of Nucci, and further in view of Chamas discloses the method of claim 2, further comprising:
querying the database to identify an interface associated with the network resource that is available for connection to the first multiplexed UNI and satisfies the plurality of connection parameters (Chiosi, Col-18, II. 33-39, and Col-32, II. 57-59 Iwata, Col-3, II. 32-34, i.e. relationships between link identifiers (i.e. querying to identify) of all the network links and their resource constraints represented by quality-of-service (QOS) parameter values Col-8, II. 8-13, i.e. A path topology 801 (FIG. 8C) is then stored into the demand assigned path table 106 for the selected path A-C-E (step 707) and flow proceeds to step 203 to check to see if the Selected path Satisfies the other requested QOS parameter value, see Col-7, II. 19-23); and
generating a logical instance on the interface associated with the network resource to logically connect the first device with the network resource for the network path (Chamas, Col-5, II. 43-44, and Il. 61-64 i.e. The system 10 is furnished with information relative to the network's physical and logical topologies based on MSTs. Col-4, II. 32-36 );
wherein the database comprises network topology information including information about network resources encompassing the network path and interface availability associated with the network resources (Chiosi, Col-2, II. 35-38, Iwata, Col-3, II. 52-56, i.e. These relationships are Stored in a preassigned path table 105 as optimum topology data. The data stored in the path table 105 are updated whenever the contents of link state database 103 are updated, See Col-5, II. 52-54).
With respect to claim 4, Chiosi in view of Iwata, and further in view of Nucci, and further in view of Chamas discloses the method of claim 2, further comprising:
accessing a request to view a plurality of interfaces available for connection with the first multiplexed UNI (Chiosi, Col-8, II. 58-61, i.e. elements associated with the software defined network framework 110, and/or portals or application programming interfaces exposed by the software defined network frame work 110, col-10, II. 46-49) ; and
providing a list of interfaces in response to the request (Chiosi, Col-8, II. 58-61), the list of interfaces including a second interface associated with the second device (Chiosi, Col-10, II. 46-49),
wherein the request to provision the network path between the first device and the second device includes a selection to connect the first multiplexed UNI associated with the first device with the second interface associated with the second device (Iwata, Col-3, II. 66-67, i.e. when a connection request is received from user terminal 100 (i.e. first device) indicating that user terminal 107 (i.e. second device) is the destination).
Claim 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiosi in view of Iwata, and further in view of Nucci, and further in view of Lucas et al. (US8171148), hereinafter “Lucas”.
With respect to claim 5, Chiosi in view of Iwata, and further in view of Nucci discloses the method of claim 1, Iwata Col-8, II.8-13, teaches plurality of connection parameters, and selected path satisfies the other requested QOS parameter value. However, Chiosi in view of Iwata, and further in view of Nucci remain silent on validating the plurality of connection parameters comprising: accessing information about rules limiting connections for the first device; determining whether the plurality of connection parameters satisfies the rules limiting connections for the first device.
Lucas discloses validating the plurality of connection parameters (Col-3, II. 26-28, teaches two connections established between the relay server and either or both of the client and the server could be implemented using any protocols), comprising: accessing information about rules limiting connections for the first device (Col-9, II. 48-53, teaches Connections can be approved or rejected according to any suitable rules (function 312). As noted above, any number of business rules could be implemented to limit or restrict access 50 to the relay server. Such rules may include limiting the feature to particular users, particular servers, and/or particular clients),
determining whether the plurality of connection parameters satisfies the rules limiting connections for the first device (Col-9, II. 48-53, teaches Connections can be approved (i.e. satisfied) or rejected according to any suitable rules (function 312). As noted above, any number of business rules could be implemented to limit or restrict access 50 to the relay server. Such rules may include limiting the feature to particular users, particular servers, and/or particular clients, Col-10, II. 17-20, teaches The particular rules and parameters implemented will vary from embodiment to embodiment; any number of rules could be implemented using the rules engine of database 126 as desired.).
Therefore it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with accessing information about rules limiting connections for the first device; determining whether the plurality of connection parameters satisfies the rules limiting connections for the first device of Lucas, in order to ensure that the device is able to connect to the network or service in question, and can also help ensure compliance with any relevant regulations or guidelines (Lucas).
Claims 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiosi in view of Iwata, and further in view of Nucci, and further in view of Richard et al. (US 9306949), hereinafter "Richard". Richard cited in applicant IDS filed 10/23/2024.
With respect to claim 7, Chiosi in view of Iwata, and further in view of Nucci discloses the method of claim 1, Chiosi Col-28, II. 15-17, teaches a customer can request one or more virtual private network (“VPN) sites. The service request can be received. However, Chiosi in view of Iwata, and further in view of Nucci remain silent on further comprising: wherein the first device is associated with a first virtual gateway and a first virtual private cloud, wherein the second device is associated with a second virtual gateway and a second virtual private cloud, wherein the network path logically connects the first virtual private cloud with the second virtual private cloud.
Richard discloses wherein the first device is associated with a first virtual gateway and a first virtual private cloud (Col-6, II. 49-51, i.e. each entity may use a computing system, shown as computing devices 360 (i.e. first device) and 370, to access data center 102 and its respective private clouds (i.e. first Virtual private cloud), Col-8, II. 40-41, i.e. a virtual private gateway 314A may be an instance hosted on private cloud 310);
wherein the second device is associated with a second virtual gateway and a second virtual private cloud (Col-6, II. 49-51, i.e. each entity may use a computing system, shown as computing devices 360 and 370 (i.e. second device), to access data center 102 and its respective private clouds (i.e. second Virtual private cloud), Col-8, II. 47-48, i.e. a virtual public gateway 314B (i.e. second virtual gateway) may be an instance hosted on private cloud 310); and
wherein the network path logically connects the first virtual private cloud with the second virtual private cloud (Col-7, II. 58-64, i.e. This connection may include a virtual network path between compute resources of the private clouds (i.e. first and second private cloud) that have been authorized to communicate and may be referred to also as a communication path, a virtual communication path or an overlay network path. The virtual network path connects the private clouds and is built on top of the underlying physical network of datacenter 102).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with the teaching of Richard to logically connects with both private clouds of Richard in order to cloud service provider can provide a service that facilitates one or more communication paths between the private clouds of its entities (Richard).
With respect to claim 8, Chiosi in view of Iwata, and further in view of Nucci discloses the method of claim 1, however, Chiosi in view of Iwata, and further in view of Nucci remain silent on wherein the second device is associated with a cloud service provider such that the network path extends cloud service access to the first device.
Richard discloses wherein the second device is associated with a cloud service provider such that the network path extends cloud service access to the first device (Col-2, II. 17-23, i.e. the entities (i.e. second device) of the cloud service provider may want to share access to one or more of their compute resources hosted on their respective private clouds with each other. For example, a first entity may want to enable a second entity to access one or more of the compute resources in the first entity's private cloud from a compute resource within the second entity's private cloud. Col-8, II. 1-4, i.e. FIG. 3B illustrates an example private cloud that the cloud service provider may configure to communicate with another private cloud over a virtual network path managed by a virtual service provider).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing the date of invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with the teaching of Richard to cloud service provider of Richard in order to cloud service provider can provide a service that facilitates one or more communication paths between the private clouds of its entities (Richard).
Claims 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chiosi in view of Iwata, and further in view of Nucci and further in view of Ghodrat et al. (US 20090073988), hereinafter “Ghodrat”. Ghodrat cited in applicant IDS filed 10/23/2024.
With respect to claim 10, Chiosi in view of Iwata, and further in view of Nucci discloses the method of claim 1, Iwata teaches plurality of connection parameters, and however, Chiosi in view of Iwata, and further in view of Nucci remain silent on further comprising: receiving an Ethernet frame at the first device, the Ethernet frame comprising a customer VLAN identifier associated with a customer VLAN, the customer VLAN identifier further associated with a VLAN parameter defined within the plurality of connection parameters; applying a service VLAN identifier to the Ethernet frame, the service VLAN identifier utilized by the network resource to route the Ethernet frame between the first device and the second device using the network path; routing the Ethernet frame to the second device using the network path; and removing the service VLAN identifier at the second device.
Ghodrat discloses further comprising:
receiving an Ethernet frame at the first device (See Fig. 1, ¶0025, i.e. Ethernet frame), the Ethernet frame comprising a customer VLAN identifier associated with a customer VLAN (¶0025, i.e. an Ethernet frame 10 with Virtual Local Area Network (VLAN) tagging is illustrated), the customer VLAN identifier further associated with a VLAN parameter defined within the plurality of connection parameters (¶0029, i.e. two VLAN tags are added to each customer Ethernet packet, ¶0043, i.e. the node 102 a is connected a customer which is transported east and west on customer VLANs 116,118 within the ring. The customer VLANs 116,118 are within the E+W VLANs 106,108);
applying a service VLAN identifier to the Ethernet frame, the service VLAN identifier utilized by the network resource to route the Ethernet frame between the first device and the second device using the network path (¶0044-¶0045, i.e. The switch 104 can include a multi-service carrier Ethernet platform delivering high-capacity Ethernet, and the E+W VLANs 106,108 are merged onto the VLAN 112 towards the switch 104);
routing the Ethernet frame to the second device using the network path (¶0025 and ¶0041); and
removing the service VLAN identifier at the second device (¶0021, i.e. one or more head-end nodes are designated for terminating each path, ¶0026, i.e. removes the 4-byte VLAN header, ¶0030, i.e. the head-end node 46 (i.e. second device) provides termination of a connection-oriented connection, such as a VLAN, ¶0046, i.e. The head-end 110 is configured to close the ring providing terminations for the E+W VLANs 106,108 and cross-connecting these VLANs 106,108 to/from the switch 104 on the VLAN 112).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with the teaching of Ghodrat with Ethernet frame comprising a customer VLAN identifier, in order to continuity check messages on the channel are generated for each path (Ghodrat).
With respect to claim 11, Chiosi in view of Iwata, and further in view of Nucci discloses the method of claim 1, however, Chiosi in view of Iwata, and further in view of Nucci remain silent on further comprising: generating the network path such that first network traffic is routed according to a first bandwidth; generating a second path to logically connect the first device with the second device, the second path routing second network traffic according to a second bandwidth; and tagging a first plurality of Ethernet frames associated with the first network traffic with a first VLAN identifier and tagging a second plurality of Ethernet frames associated with the second network traffic with a second VLAN identifier at the first device to distinguish the first network traffic from the second network traffic.
Ghodrat discloses further comprising:
generating the network path such that first network traffic is routed according to a first bandwidth (¶0047, i.e. the switch 104 is configured to send and receive network traffic 122 to/from the network, ¶0037);
generating a second path to logically connect the first device with the second device, the second path routing second network traffic according to a second bandwidth (¶0021, i.e. Interconnected nodes are configured with a primary and secondary path which is determined by VLANs, see ¶0037); and
tagging a first plurality of Ethernet frames associated with the first network traffic with a first VLAN identifier and tagging a second plurality of Ethernet frames associated with the second network traffic with a second VLAN identifier at the first device to distinguish the first network traffic from the second network traffic (¶0025, i.e. an Ethernet frame 10 with Virtual Local Area Network (VLAN) tagging is illustrated. VLAN Tagging is defined in IEEE 802.1Q as a standard to allow multiple bridged networks to transparently share the same physical network link without leakage of information between networks (i.e. trunking), See ¶0026-¶0027).
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Chiosi’s in view of Iwata’s, and further in view of Nucci’s system with the teaching of Ghodrat with tagging a first plurality of Ethernet frames associated with the first network traffic with a first VLAN identifier and tagging a second plurality of Ethernet frames associated with the second network traffic with a second VLAN identifier at the first device to distinguish the first network traffic from the second network traffic, in order to continuity check messages on the channel are generated for each path (Ghodrat).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MAHMUD whose telephone number is (571)270-0385. The examiner can normally be reached on Mon-Fri 8.00-5.00pm.
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, Umar Cheema can be reached on 5712726967. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.M/Examiner, Art Unit 2458
/UMAR CHEEMA/Supervisory Patent Examiner, Art Unit 2458
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