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 .
This communication is responsive to the application filed on December 12, 2024. Claims 1-20 are pending at the time of examination.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 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).
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Claims 1-20 of the instant application are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-20 of U.S. Patent No. 11,347,625. Although the conflicting claims are not identical, they are not patentably distinct from each other because claims 21-40 are directed to
Instant application Patent (‘625)
1. A method of rendering a graphical visualization associated with a user session, the method comprising: aggregating ingested spans corresponding to a user interaction with an application during the user session, wherein the ingested spans are generated responsive to a user interacting with the application and track frontend interactions of the user with the application; rendering the graphical visualization comprising events and aggregated metrics associated with the user session over a time duration; rendering a waterfall visualization comprising spans associated with events over the time duration; and displaying the graphical visualization and the waterfall visualization in a first graphical user interface (GUI).
1. A method of rendering a service graph responsive to a query, the method comprising:
generating a plurality of frontend traces from a plurality of frontend spans ingested from a frontend of an application and generating a plurality of backend traces from a plurality of backend spans ingested from a backend of the application;
determining connection information between one or more frontend traces of the plurality of frontend traces and corresponding one or more backend traces of the plurality of backend traces;
consolidating the one or more frontend traces of the plurality of frontend traces with the corresponding one or more backend traces of the plurality of backend traces to form one or more end-to-end traces using the connection information;
responsive to the query, retrieving a set of exemplary end-to-end traces from the one or more end-to-end traces; and
rendering a service graph by a graphical user interface in accordance with constraints applied in the query using the set of exemplary end-to-end traces and the connection information.
10. A non-transitory computer-readable medium having computer-readable program code embodied therein for causing a computer system to perform a method of rendering a graphical visualization associated with a user session, the method comprising: aggregating ingested spans corresponding to a user interaction with an application during the user session, wherein the ingested spans are generated responsive to a user interacting with the application and track frontend interactions of the user with the application; rendering the graphical visualization comprising events and aggregated metrics associated with the user session over a time duration; rendering a waterfall visualization comprising spans associated with events over the time duration; and displaying the graphical visualization and the waterfall visualization in a first graphical user interface (GUI).
19. A non-transitory computer-readable medium having computer-readable program code embodied therein for causing a computer system to perform a method of rendering a service graph responsive to a query, the method comprising:
generating a plurality of frontend traces from a plurality of frontend spans ingested from a frontend of an application and generating a plurality of backend traces from a plurality of backend spans ingested from a backend of the application;
determining connection information between one or more frontend traces of the plurality of frontend traces and corresponding one or more backend traces of the plurality of backend traces;
consolidating the one or more frontend traces of the plurality of frontend traces with the corresponding one or more backend traces of the plurality of backend traces to form one or more end-to-end traces using the connection information;
responsive to the query, retrieving a set of exemplary end-to-end traces from the one or more end-to-end traces; and
rendering a service graph by a graphical user interface in accordance with constraints applied in the query using the set of exemplary end-to-end traces and the connection information.
19. A system for performing a method of rendering a graphical visualization associated with a user session, the system comprising: a processing device communicatively coupled with a memory and configured to: aggregate ingested spans corresponding to a user interaction with an application during the user session, wherein ingested spans are generated responsive to a user interacting with the application and track frontend interactions of the user with the application; render the graphical visualization comprising events and aggregated metrics associated with the user session over a time duration; render a waterfall visualization comprising spans associated with events over the time duration; and display the graphical visualization and the waterfall visualization in a first graphical user interface (GUI).
20. A system for performing a method of rendering a service graph responsive to a query, the system comprising: a memory; and a processing device communicatively coupled with the memory and configured to:
generate a plurality of frontend traces from a plurality of frontend spans ingested from a frontend of an application and generating a plurality of backend traces from a plurality of backend spans ingested from a backend of the application;
determine connection information between one or more frontend traces of the plurality of frontend traces and corresponding one or more backend traces of the plurality of backend traces; consolidate the one or more frontend traces of the plurality of frontend traces with the corresponding one or more backend traces of the plurality of backend traces to form one or more end-to-end traces using the connection information;
responsive to the query, retrieve a set of exemplary end-to-end traces from the one or more end-to-end traces; and
render a service graph by a graphical user interface in accordance with constraints applied in the query using the set of exemplary end-to-end traces and the connection information.
After analyzing the language claim of the claims, it is clear that claims 21-40 of the instant application are merely an obvious variation of claims 1-20 of U.S. Patent No. 11,347,625. While claims 21-40 of the instant application is slightly broader than claims 1-20 of U.S. Patent No. 11,347,625, this difference is not enough to distinguish the two instant application claims and the patent claims. With respect to the language and the disclosure of the instant application not only fail to distinguish it from the Patent No. 11,347,625, but indicate that it is merely a subset of the Patent No. 11,347,625. These differences are not sufficient to render the claims patentably distinct, and therefore, claims 21-40 of the instant application are valid.
A later patent/application claim is not patentably distinct from an earlier claim if the later claim is anticipated by the earlier claim.
Prior Art of Records
The closest prior art of record issued to Schmelter; Ralf et al. (US Patent No. 8,527,960): discloses system provides methods including executing an application, generating a method parameter trace, the method parameter trace providing one or more parameter values corresponding to one or more methods called during execution of the application, generating an event trace, the event trace identifying one or more events occurring during execution of the application, and combining the method parameter trace and the event trace to provide a profile of events occurring during each of the one or more methods based on the one or more parameter values (Abstract).
Prior art issued to Beck et al. (US Patent No. 8,438,427): discloses a method for diagnosing problems in a computer system by providing a user interface for visualizing flows through subsystems of the computer system, and allowing a user to explore relationships between a triage map which graphically depicts subsystems, and a transaction trace graph, which depicts a time sequence of invoked components of the subsystems. In one aspect, in response to a user selecting a portion of the transaction trace graph which depicts an invoked component, the user interface visually distinguishes one of the subsystems which invokes the invoked component. In another aspect, the transaction trace can be played back so that subsystems in the triage map are highlighted in turn, in a time sequence, as components of different subsystems are invoked. A time marker can skip to selected time points which result in updating of the triage map (Abstract).
Prior art issued to Pacella; Dante J. et al. (US Patent No. 10,104,167) A method may include receiving a request to provide at least one application session, and generating a networking architecture that includes at least one virtual route reflector front end (VRR FE), at least one back end work unit, and at least one routing information base (RIB) in a virtualization environment. The method includes implementing the at least one application session via the at least one VRR FE, the at least one back end work unit, and the at least one RIB. The at least one VRR FE is to perform as a proxy for traffic to the at least one back end work unit. The method also includes monitoring a load associated with the at least one application session, and performing load balancing on the networking architecture based on assignment of the load to the at least one back end work unit. (Abstract).
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance:
Claims 21-40 are allowed.
The prior art of record fails to teach or fairly suggest determining linkage information between one or more frontend traces of the plurality of frontend traces and one or more backend traces of the plurality of backend traces, wherein one or more frontend traces are generated responsive to a user interacting with the frontend of the application; and rendering the service graph using the linkage information, the frontend metrics data, and the backend metrics data, together with all other claim elements as recited in independent claim 21 and substantially similar to independent claims 32 and 40.
Thus, prior art of record neither renders obvious, nor anticipates the combination of the claimed invention in light of the specification.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record, listed on form PTO-892, and not relied upon, if any, is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEBBIE M LE whose telephone number is (571)272-4111. The examiner can normally be reached 9:00-5:00.
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/DEBBIE M LE/Primary Examiner, Art Unit 2168 September 25, 2025