DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claims 1-4, 6-17, and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of U.S. Patent No. 12166636 in view of Singaraju et al. (U.S. Patent No. 10382252), hereinafter Singaraju.
Claim 1 (and similarly claim 13) of ‘636 recites receiving, by a server in electronic communication with a local network, a first network address for a first device connected to the local network, the server configured to operate a network documentation platform, the network documentation platform comprising a network documentation database documenting network devices connected to the local network; sending, by the server, a first simple network management protocol (SNMP) request to the first network address for the first device; receiving, by the server, a first SNMP response from the first device in response to the first SNMP request; extracting, by the server, first device identity information for the first device from the first SNMP response, wherein the first device identity information comprises at least one of a device manufacturer and a device model; providing, by the server, the first device identity information to the network documentation platform; modifying, by the network documentation platform, the network documentation database to create first device documentation data for the first device based on the first device identity information. Claim 1 (and similarly claim 13) differs from claim 1 (and similarly claim 14) of the instant application in that a single SNMP request requests the first device identity information and the first device connectivity information and that a single SNMP response includes the first device identity information and first device connectivity information.
Singaraju shows
sending, by the electronic device, (Fig. 1, 10A; i.e. device management system) a first simple network management protocol (SNMP) request to the first network address for the first device (Fig. 1, 5; i.e. device) requesting first device identity information (i.e. management information/managed object such as resources, parameters, settings or descriptions for a component, software objects’ attributes and system attributes) from the first device and also requesting first device connectivity information (i.e. managed object such as network interfaces) describing direct network connections between the first device and two or more other devices of the local network (Column 5, lines 31-45; Column 8, lines 38-55)
receiving, by the electronic device, a first SNMP response (i.e. response packet) from the first device in response to the first SNMP request, the first SNMP response including the first device identity information and the first device connectivity information; (Column 5, lines 46-58)
extracting, by the electronic device, the first device identity information and the first device connectivity information for the first device from the first SNMP response (Column 13, lines 54-61)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified ‘636 to incorporate the teachings of Singaraju to receive more device information to include in the documentation database.
Claims 1-18 of ‘636 in view of Singaraju shows claims 2-4, 6-13, 15-17, and 19-20 herein.
Claim Objection
Claim 16 is objected to because of the following informalities: On lines 1-2, “at least one the device name” should be --at least one of the device name--. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 14-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 14 recites the limitation "the first device" in lines 17 and 20. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner has interpreted this limitation as “the first network device”.
Claim 15 recites the limitation "the first device" in line 2. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner has interpreted this limitation as “the first network device”.
Claim 17 recites the limitation "the first device" in lines 3 and 5. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner has interpreted this limitation as “the first network device”.
Claim 18 recites the limitation "the first device" in lines 3-4. There is insufficient antecedent basis for this limitation in the claim. For examination purposes the examiner has interpreted this limitation as “the first network device”.
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 1-4, 8-9, and 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang (U.S. Patent No. 9742639) in view of Singaraju et al. (U.S. Patent No. 10382252), hereinafter Singaraju.
Regarding claim 1, Zhang shows
A method of automated network documentation, the method comprising: (Column 1, lines 53-65)
receiving, by an electronic device (Fig. 1, 100; Fig. 3, 306; Column 6, lines 25-60; i.e. DP and Analysis subsystem computer system of the NOVA) in electronic communication with a local network, (Fig. 1, 124; Column 3, lines 5-23) a first network address (i.e. IP address of an IP address range) for a first device (Fig. 1, 130; i.e. resource) connected to the local network, (Column 3, lines 5-22; Column 5, lines 23-41; Column 4, lines 13-24) the electronic device configured to operate a network documentation platform, (Fig. 3, 360/310; Column 6, lines 48-60; i.e. DP and Analysis computer system software of analysis processing thread and to write to the resource repository) the network documentation platform comprising a network documentation database (Fig. 3, 310; i.e. resource repository) documenting network devices connected to the local network; (Column 5, lines 8-22; Column 6, line 61-Column 7, line 11)
sending, by the electronic device, a first simple network management protocol (SNMP) request (i.e. SNMP get request) to the first network address for the first device (i.e. source and destination interfaces) describing direct network connections between the first device and two or more other devices of the local network; (Column 8, lines 36-45)
receiving, by the electronic device, a first SNMP response from the first device in response to the first SNMP request, the first SNMP response including (Column 8, lines 36-41)
extracting, by the electronic device, (Column 8, lines 36-41; i.e. The source and destination interfaces are extracted/decoded.)
providing, by the electronic device, the first device identity information (Column 8, lines 49-57; i.e. vendor’s name/device type/system attributes) and the first device connectivity information to the network documentation platform; and (Column 8, lines 39-45; Column 9, lines 11-24; Column 1, lines 58-60; i.e. The extracted/decoded source and destination interfaces are provided to the analysis processing thread to analyze and build a network configuration matrix/topology that is stored in the resource repository along with discovered resource types.)
modifying, by the network documentation platform, the network documentation database to create first device documentation data (i.e. network topology including first device’s connections to other devices/discovered resource types) for the first device based on the first device identity information and the first device connectivity information. (Column 8, lines 39-45; Column 9, lines 11-24; Column 11, lines 7-18; Column 1, lines 58-60; i.e. The resource repository is update/modified with new and changed information.)
However, Zhang fails to show that the a single SNMP request requests the first device identity information and the first device connectivity information and that a single SNMP response includes the first device identity information and first device connectivity information.
Singaraju shows
sending, by the electronic device, (Fig. 1, 10A; i.e. device management system) a first simple network management protocol (SNMP) request to the first network address for the first device (Fig. 1, 5; i.e. device) requesting first device identity information (i.e. management information/managed object such as resources, parameters, settings or descriptions for a component, software objects’ attributes and system attributes) from the first device and also requesting first device connectivity information (i.e. managed object such as network interfaces) describing direct network connections between the first device and two or more other devices of the local network (Column 5, lines 31-45; Column 8, lines 38-55)
receiving, by the electronic device, a first SNMP response (i.e. response packet) from the first device in response to the first SNMP request, the first SNMP response including the first device identity information and the first device connectivity information; (Column 5, lines 46-58)
extracting, by the electronic device, the first device identity information and the first device connectivity information for the first device from the first SNMP response (Column 13, lines 54-61)
Singaraju and Zhang are considered analogous art because they involve the use of SNMP to retrieve device information from a device. Zhang shows that SNMP may be used to retrieve connectivity information from the device. Further Zhang shows the retrieval of device identity information. Singaraju shows that all of the information may be retrieved using one SNMP request and response. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang to incorporate the teachings of Singaraju wherein a single SNMP request requests the first device identity information and the first device connectivity information and that a single SNMP response includes the first device identity information and first device connectivity information. Doing so provides for less network traffic.
Regarding claim 2, Zhang in view of Singaraju further shows
The method of claim 1, wherein the first device documentation data (i.e. data stored in the resource repository) comprises at least one of a device name, a device class, a device manufacturer, (i.e. vendor’s name) a device model, (i.e. device type) a hardware configuration, a device hardware configuration, a device software configuration, and a protocol service of the first device. (Zhang: Column 1, lines 58-60; Column 9, lines 11-24; Column 11, lines 7-18)
Regarding claim 3, Zhang in view of Singaraju further shows
The method of claim 2, wherein the first device identity information comprises at least one of the device name, the device manufacturer, (i.e. vendor’s name) the device model, (i.e. device type) the hardware configuration, the device hardware configuration, (i.e. hardware version) the device software configuration, (i.e. software version) and the protocol service of the first device. (Zhang: Column 8, lines 46-66; Column 11, lines 3-7)
Regarding claim 4, Zhang in view of Singaraju further shows
The method of claim 3, wherein the first device connectivity information comprises at least one of: an operational status (i.e. currently connected) of the direct connections between the first device and the two or more other devices of the local network, and (Zhang: Column 8, lines 41-45)
Regarding claim 8, Zhang in view of Singaraju further shows
The method of claim 1, and wherein receiving the first network address comprises discovering, by the electronic device, the first network by inspecting the local network. (Zhang: Column 4, lines 1-24; i.e. During a quick discovery process the network resource addresses are discovered.)
Regarding claim 9, Zhang in view of Singaraju further shows
The method of claim 8, and further comprising retrieving (i.e. from an input list) a first access credential for the first device, wherein the first SNMP request comprises the first access credential. (Zhang: Column 5, line 62 – Column 6, line 5; Claim 1)
Regarding claim 13, Zhang in view of Singaraju further shows
The method of claim 1, wherein first device connectivity information (i.e. network interfaces of managed device) describes direct network connections between the first device (Singaraju: Fig. 2, 5B) and three or more other devices (Singaraju: Fig. 2, 5F and 5C and 5A) of the local network. (Singaraju: Fig. 2; Column 8, lines 48-55; Column 4, lines 10-15; i.e. A managed device may include 3 or more interfaces to other devices.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang to incorporate the teachings of Singaraju wherein first device connectivity information describes direct network connections between the first device and three or more other devices of the local network to explicitly show that a network device may be connected to more three or more other devices.
Regarding claim 14, Zhang shows
A system for network documentation, the system comprising: (Fig. 1)
a first network device (Fig. 1, 130/134; i.e. resource) connected to a local network, (Fig. 1, 124) the first network device configured to receive SNMP commands and to provide SNMP responses; and (Column 3, lines 5-47)
an electronic device (Fig. 1, 100; Fig. 3, 306; Column 6, lines 25-46; i.e. DP and Analysis subsystem computer system of the NOVA) connected the local network and configured to operate a network documentation platform, wherein:
the network documentation platform (Fig. 3, 360/310; Column 6, lines 48-60; i.e. DP and Analysis computer system software of analysis processing thread and write to the resource repository) comprises a network documentation database (Fig. 3, 310; i.e. resource repository) documenting network devices connected to the local network, and the electronic device comprises: (Column 5, lines 8-22; Column 6, line 61 – Column 7, line 11)
a processor; and at least one memory encoded with instructions that, when executed, cause the processor to: (Column 6, lines 48-60)
receive a first network address (i.e. IP address of an IP address range) for the first network device; (Column 5, lines 23-41; Column 4, lines 13-24)
send a first simple network management protocol (SNMP) request (i.e. SNMP get request) to the first network address requesting first device identity information from the first device and also requesting first device connectivity information (i.e. source and destination interfaces) describing direct network connections between the first device and two or more other devices of the local network; (Column 8, lines 36-45)
receive a first SNMP response from the first network device in response to the first SNMP request, the first SNMP response including the first device identity information and the first device connectivity information; (Column 8, lines 36-41)
extract the first device identity information and the first device connectivity information for the first network device from the first SNMP response; and (Column 8, lines 36-41; i.e. The source and destination interfaces are extracted/decoded.)
cause the network documentation platform to modify the network documentation database to create first device documentation data (i.e. network topology including first device’s connections to other devices/discovered resource types) for the first device based on the first device identity information (Column 8, lines 49-57; i.e. vendor’s name/device type/system attributes) and the first device connectivity information. (Column 8, lines 39-45; Column 9, lines 11-24; Column 11, lines 7-18; Column 1, lines 58-60; i.e. The resource repository is update/modified with new and changed information.)
However, Zhang fails to show that the a single SNMP request requests the first device identity information and the first device connectivity information and that a single SNMP response includes the first device identity information and first device connectivity information.
Singaraju shows
sending a first simple network management protocol (SNMP) request to the first network address requesting first device identity information (i.e. management information/managed object such as resources, parameters, settings or descriptions for a component, software objects’ attributes and system attributes) from the first device and also requesting first device connectivity information (i.e. managed object such as network interfaces) describing direct network connections between the first device and two or more other devices of the local network (Column 5, lines 31-45; Column 8, lines 38-55)
receiving a first SNMP response (i.e. response packet) from the first network device in response to the first SNMP request, the first SNMP response including the first device identity information and the first device connectivity information; (Column 5, lines 46-58)
extracting the first device identity information and the first device connectivity information for the first network device from the first SNMP response (Column 13, lines 54-61)
Singaraju and Zhang are considered analogous art because they involve the use of SNMP to retrieve device information from a device. Zhang shows that SNMP may be used to retrieve connectivity information from the device. Further Zhang shows the retrieval of device identity information. Singaraju shows that all of the information may be retrieved using one SNMP request and response. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang to incorporate the teachings of Singaraju wherein a single SNMP request requests the first device identity information and the first device connectivity information and that a single SNMP response includes the first device identity information and first device connectivity information. Doing so provides for less network traffic.
Regarding claim 15, Zhang in view of Singaraju further shows
The system of claim 14, wherein the device documentation data (i.e. network topology including first device’s connections to other devices/discovered resource types) includes device connectivity information (i.e. topology) describing network connections between the first device and one or more other devices of the local network, and wherein the instructions, when executed, further cause the processor to cause the network documentation platform to update, for each of the one or more other devices of the local network, device information (i.e. port connections) stored in the network documentation database to include a connection to the first device. (Zhang: Column 2, lines 33-40; Column 6, lines 25-47; Column 9, lines 11-24)
Regarding claim 16, this system claim comprises limitations substantially the same as those detailed in claim 3 above and is accordingly rejected on the same basis.
Regarding claim 17, this system claim comprises limitations substantially the same as those detailed in claim 4 above and is accordingly rejected on the same basis.
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Singaraju as applied above, and further in view of Hagiwara et al. (U.S. Patent Publication 2014/0223315), hereinafter Hagiwara.
Regarding claim 5, Zhang in view of Singaraju shows all the features of claim 9 as detailed above. However, Zhang in view of Singaraju fails to show
The method of claim 1, and further comprising: receiving, by the electronic device, physical location information describing a physical location of the first device; and modifying, by the network documentation platform, the first device documentation data to include the physical location information.
Hagiwara shows
receiving, by the electronic device, (Fig. 1, 101; i.e. device management apparatus) physical location (i.e. device location) information describing a physical location (i.e. physical address/geographic address) of the first device; and modifying, by the network documentation platform, the first device documentation data (i.e. collected information in storage) to include the physical location information. ([0069]; [0061])
Hagiwara and Zhang in view of Singaraju are considered analogous art because they involve collecting information from devices in a network. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang in view of Singaraju to incorporate the teachings of Hagiwara wherein receiving, by the electronic device, physical location information describing a physical location of the first device; and modifying, by the network documentation platform, the first device documentation data to include the physical location information.
Regarding claim 18, this system claim comprises limitations substantially the same as those detailed in claim 5 above and is accordingly rejected on the same basis.
Claims 10, 11, 12, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Singaraju as applied above, and further in view of Bearden et al. (U.S. Patent Publication 2003/0097438), hereinafter Bearden.
Regarding claim 10, Zhang in view of Singaraju shows all the features of claim 9 as detailed above. However, Zhang in view of Singaraju fails to show
The method of claim 9, and further comprising determining, by the first device, to send the first SNMP response by comparing the first access credential with a first SNMP credential stored by the device.
Bearden shows
determining, by the first device, to send the first SNMP response by comparing the first access credential with a first SNMP credential stored by the device. (Bearden: [0118]; i.e. The devices would inherently have the community string stored in order to be configured to only respond to requests with the community string.)
Bearden and Zhang in view of Singaraju are considered analogous art because they involve network topology discovery using SNMP. Zhang shows the use of SNMP community strings. Bearden shows that such strings may be used by the device to determine whether to respond. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang in view of Singaraju to incorporate the teachings of Bearden wherein determining, by the first device, to send the first SNMP response by comparing the first access credential with a first SNMP credential stored by the device. Doing so provides for unwanted access to the device. (Bearden: [0118])
Regarding claim 11, Zhang in view of Singaraju in view of Bearden further shows
The method of claim 10, and further comprising creating, by the electronic device, a visualization of the local network based on the network documentation database. (Bearden: Fig. 16; [0229]; [0116]; i.e. The topology is generated based on the discovery results stored in a database.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang in view of Singaraju to incorporate the teachings of Bearden wherein creating, by the electronic device, a visualization of the local network based on the network documentation database to provide the user with a user friendly visualization of the network for reviewing.
Regarding claim 12, Zhang in view of Singaraju in view of Bearden further shows
The method of claim 11, wherein automatically modifying the network documentation database to create the first device documentation data comprises modifying a network map (i.e. topology) to include the first device and the direct network connections between the first device and two or more other devices of the local network based on the first device connectivity information. (Zhang: Column 2, lines 33-40; Column 6, lines 25-47; Column 9, lines 11-24)
Regarding claim 19, Zhang in view of Singaraju shows all the features of claim 9 as detailed above. However, Zhang in view of Singaraju fails to show
The system of claim 14, wherein the instructions, when executed, cause the processor to cause the network documentation platform to create a visualization of the local network based on the network documentation database after modifying the network documentation database to create the first device documentation data.
Bearden shows
cause the processor to cause the network documentation platform to create a visualization of the local network based on the network documentation database after modifying the network documentation database to create the first device documentation data. (Bearden: Fig. 16; [0229]; [0116]; i.e. The topology is generated based on the discovery results stored/modified in a database.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Zhang in view of Singaraju to incorporate the teachings of Bearden to cause the processor to cause the network documentation platform to create a visualization of the local network based on the network documentation database after modifying the network documentation database to create the first device documentation data. Doing so provides a user friendly visualization of the network for reviewing.
Regarding claim 20, Zhang in view of Singaraju in view of Bearden shows
The system of claim 19, wherein the instructions, when executed, cause the processor to receive the first network address by inspecting the local network to discover the first network address. (Zhang: Column 4, lines 1-24; i.e. During a quick discovery process the network resource addresses are discovered.)
Allowable Subject Matter
Claims 6-7 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Swan (U.S. Patent Publication 2009/0290513) shows generating a topology of a network using SNMP.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAROLINE H JAHNIGE whose telephone number is (571)272-8450. The examiner can normally be reached 7:30 AM - 4:00 PM.
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/CAROLINE H JAHNIGE/Primary Examiner, Art Unit 2451