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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
DETAILED ACTION
This office action has been issued in response to arguments/amendments filed on 08/03/2026. Claims 1, 3, 7, 9, 13, and 15 are amended. No claim is cancelled. Claims 1-20 are presented for examination.
Response to Arguments
1. Applicant’s arguments/amendments regarding the rejection of claims 1-20, filed on 08/03/2026 as recited in pages 1-2, have been fully considered but arguments are moot because newly added limitation to the claim (s) requires a new ground of rejection necessitated by amendments.
Further, the primary reference Jreij teaches primary network secure communication channel in (para. [0104]) that the CMS client 130 establishes a secure Hypertext Transfer Protocol (HTTPS) connection (i.e. primary) with the CMS aggregator 128 in step 502. Further, the reference teaches a secondary network communication channel in (para. [0105]) that the CMS client 130 then collects certain information from the data center asset 244 and in step 516, followed by establishing a secure tunnel connection (i.e. secondary) with the CMS aggregator 128 in step 518.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
2. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jreij et al. (US Publication No. 2023/0344801, hereinafter “Jreij”).
Regarding claim 1, Jreij does disclose, a computer-implementable method for performing a data center monitoring and management operation, comprising: establishing a secure communication channel between a data center asset contained within a data center and a data center monitoring and management console (Jreij, (para. [0005]), establishing a connection between the data center asset client module and a connectivity management system of a data center monitoring and management console), the data center asset including a baseboard management controller agent (Jreij, (claim 3), the data center asset comprises a baseboard management controller), the data center monitoring and management system including a telemetry connectivity management system, the telemetry connectivity management system executing within the data center monitoring and management console (Jreij, (para. [0075]), the data center monitoring and management console 118, or the data center monitoring and management application 310 through 320, or a combination of the two, may be implemented in a failure tracking mode to capture certain data center asset 244 telemetry. In various embodiments, the data center asset 244 telemetry may include data associated with the occurrence of certain events, such as the failure, or anomalous performance, of a particular data center asset 244, or an associated workload 360, in whole, or in part) , the secure communication channel including a primary network secure communication channel and a secondary network communication channel (Jreij, (para. [0104]), the CMS client 130 establishes a secure Hypertext Transfer Protocol (HTTPS) connection (i.e. primary) with the CMS aggregator 128 in step 502; (para. [0105]), the CMS client 130 then collects certain information from the data center asset 244 and in step 516, followed by establishing a secure tunnel connection (i.e. secondary)) with the CMS aggregator 128 in step 518, which is then multiplexed in step 520); receiving a stream of telemetry data from the data center asset by the date center monitoring and management console; and, performing a telemetry connectivity management operation via the telemetry connectivity management system, the telemetry connectivity management operation managing an aspect of the stream of telemetry data (Jreij, (para. [0071]), a data center administrator, such as user ‘A’ 302, to assume responsibility for performing a particular data center monitoring and management operation. As an example, a data center administrator may receive a stream of data center alerts, each of which is respectively associated with one or more data center issues. To continue the example, several of the alerts may have an initial priority classification of “critical.” However, the administrator may notice that one such alert may be associated with a data center issue that is more critical, or time sensitive, than the others and should be remediated as quickly as possible. Accordingly, the data center administrator may elect to assume responsibility for remediating the data center issue, and as a result, proceed to perform an associated data center remediation operation at that time), the telemetry connectivity management operation managing communication between the data center asset and the data center monitoring and management console via the primary network secure communication channel and the secondary network communication channel (Jreij, (para. [0104]), the CMS client 130 establishes a secure Hypertext Transfer Protocol (HTTPS) connection (i.e. primary) with the CMS aggregator 128 in step 502; (para. [0105]), the CMS client 130 then collects certain information from the data center asset 244 and in step 516, followed by establishing a secure tunnel connection (i.e. secondary)) with the CMS aggregator 128 in step 518, which is then multiplexed in step 520).
Regarding claim 2, Jreij further discloses the method of claim 1, wherein: the baseboard management controller agent monitors and collects telemetry data related to the data center asset (Jreij, (para. [0113]), connectivity management operations are begun in step 702 by a manufacturer of a particular data center asset 244 provisioning an associated baseboard management controller (BMC) 626); and, the stream of telemetry data includes the telemetry data related to the data center asset (Jreij, (para. [0071]), a data center administrator may receive a stream of data center alerts, each of which is respectively associated with one or more data center issues).
Regarding claim 3, Jreij further discloses the method of claim 1, wherein: communication channel and the secondary network communication channel communicate with the data center monitoring and management console via a connectivity management system aggregator (Jreij, (para. [0104]), the CMS client 130 establishes a secure Hypertext Transfer Protocol (HTTPS) connection (i.e. primary) with the CMS aggregator 128 in step 502; (para. [0105]), the CMS client 130 then collects certain information from the data center asset 244 and in step 516, followed by establishing a secure tunnel connection (i.e. secondary)) with the CMS aggregator 128 in step 518, which is then multiplexed in step 520).
Regarding claim 4, Jreij further discloses the method of claim 3, wherein: the primary network secure communication channel and the secondary network communication channel communicate with a cloud computing environment (Jreij, (para. [0082]), the data center monitoring and management console 118 may be implemented in a cloud environment familiar to skilled practitioners of the art. In certain of these embodiments, the operator of the data center monitoring and management console 118 may offer its various functionalities and capabilities in the form of one or more or more cloud-based data center services 432).
Regarding claim 5, Jreij further discloses the method of claim 3, wherein: the secure communication channel includes a tertiary network secure communication channel (Jreij, (para. [0017]), communication channels are typically one-way and hindered by firewalls, proxies, and complicated network set-ups. Accordingly, certain aspects of the invention reflect an appreciation there is a need an always-connected, bidirectional connection to managed data center assets located on the customer's premises such that management actions can be securely performed in real-time); and, the telemetry connectivity management operation reroutes telemetry data from the data center asset if one of the primary network secure communication channel and the secondary network communication channel becomes disrupted, compromised, or unavailable (Jreij, (para. [0112]), a CMS client 130 implemented within the OS 620 can be copied and run on devices that were not intended to run it. Accordingly, such devices could use the copy of the CMS client 130 to take advantage of certain “as a Service” (aaS) offers (e.g., licensed software), or maliciously attempt to compromise the data center monitoring and management console 118).
Regarding claim 6, Jreij further discloses the method of claim 1, wherein: the stream of telemetry data is obtained via a push-based telemetry data collection operation (Jreij, (para. [0071]), a data center administrator may receive a stream of data center alerts, each of which is respectively associated with one or more data center issues).
Regarding claim 7, the substance of the claimed invention is similar to that of claim 1. Accordingly, this claim is rejected under the same rationale.
Regarding claim 8, the substance of the claimed invention is similar to that of claim 2. Accordingly, this claim is rejected under the same rationale.
Regarding claim 9, the substance of the claimed invention is similar to that of claim 3. Accordingly, this claim is rejected under the same rationale.
Regarding claim 10, the substance of the claimed invention is similar to that of claim 4. Accordingly, this claim is rejected under the same rationale.
Regarding claim 11, the substance of the claimed invention is similar to that of claim 5. Accordingly, this claim is rejected under the same rationale.
Regarding claim 12, the substance of the claimed invention is similar to that of claim 6. Accordingly, this claim is rejected under the same rationale.
Regarding claim 13, the substance of the claimed invention is similar to that of claim 1. Accordingly, this claim is rejected under the same rationale.
Regarding claim 14, the substance of the claimed invention is similar to that of claim 2. Accordingly, this claim is rejected under the same rationale.
Regarding claim 15, the substance of the claimed invention is similar to that of claim 3. Accordingly, this claim is rejected under the same rationale.
Regarding claim 16, the substance of the claimed invention is similar to that of claim 4. Accordingly, this claim is rejected under the same rationale.
Regarding claim 17, the substance of the claimed invention is similar to that of claim 5. Accordingly, this claim is rejected under the same rationale.
Regarding claim 18, the substance of the claimed invention is similar to that of claim 6. Accordingly, this claim is rejected under the same rationale.
Regarding claim 19, Jreij further discloses the non-transitory, computer-readable storage medium of claim 13, wherein: the computer executable instructions are deployable to a client system from a server system at a remote location (Jreij, (claim 19), the computer executable instructions are deployable to a client system from a server system at a remote location).
Regarding claim 20, Jreij further discloses the non-transitory, computer-readable storage medium of claim 13, wherein: the computer executable instructions are provided by a service provider to a user on an on-demand basis (Jreij, (claim 20), the computer executable instructions are provided by a service provider to a user on an on-demand basis).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORSHED MEHEDI whose telephone number is (571) 270-7640. The examiner can normally be reached on M - F, 8:00 am to 4:00 pm EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Linglan Edwards can be reach on (571) 270-5440. The fax number for the organization where this application or proceeding is assigned is (571) 273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from their Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (In USA or Canada) or 571-272-1000.
/MORSHED MEHEDI/Primary Examiner, Art Unit 2408
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