CTNF 19/035,044 CTNF 83742 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. This office correspondence is in response to the application filed on January 23, 2025. Claims 1-20 are pending. Information Disclosure Statement 06-52 The information disclosure statement (IDS) submitted on 01/23/2025 was filed with the mailing date of the instant application on 01/23/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner. Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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 (i.e., changing from AIA to pre-AIA) 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. 07-20-aia AIA 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. 07-23-aia AIA The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 07-21-aia AIA Claim s 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Breitgand et al. (US Publication 2015/0286492) hereafter Breitgand, in view of Shaw et al. (US Publication 2017/0366428) hereafter Shaw . As per claim 1, Breitgand discloses a method comprising: selecting a virtual network configuration for a virtual network from a plurality of configurations based on the virtual network configuration supporting a higher number of sessions compared to others of the plurality of configurations (paragraphs 6, 21-23, 28-29: resource optimization for VMs), wherein the virtual network configuration satisfies a constraint that is associated with at least one of a network session or a hardware capacity of a hardware platform of a network (paragraphs 39, 43: capacities for supporting the resource requirement of the VMs), and wherein the virtual network configuration satisfies an anti-affinity rule that requires that certain elements be assigned to separate hardware platforms of the network (paragraphs 21, 34, 39); and configuring the virtual network based on the virtual network configuration, wherein the virtual network configuration assigns at least one instantiation of a virtual machine (VM) of a first VM type for at least one instantiation of a network function of a first type to at least one server of the hardware platform (paragraphs 21-23, 26-36: resources requirement and allocation for VMs). Although, Breitgand discloses optimized resource allocation in a virtualized environment, but fails to expressly disclose of a virtual machine (VM) of a first VM type for at least one instantiation of a virtual network function (VNF) of a first VNF type to at least one server of the hardware platform. However, in the same field endeavor, Shaw elaborately discloses the claimed limitation of a virtual machine (VM) of a first VM type for at least one instantiation of a virtual network function (VNF) of a first VNF type to at least one server of the hardware platform (paragraphs 39-40, 43). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Shaws’ with Breitgand. One would be motivated to optimize VM and configure new physical network devices for sharing resources among VMs in an efficient manner, thus enhancing virtualization. As per claim 2, Breitgand discloses the method wherein selecting the virtual network configuration comprises: identifying the plurality of configurations that satisfy the constraint (paragraphs 21, 29). As per claim 3, Breitgand discloses the method wherein determining the virtual network configuration is further based on an affinity rule (paragraphs 20-23, 26-36). As per claim 4, Breitgand discloses the method wherein determining the virtual network configuration is further based on a second anti-affinity rule (paragraphs 21-23, 26-28). As per claim 5, Breitgand discloses the method wherein the hardware platform is included in an inventory of the network (paragraphs 21, 34, 39). As per claim 6, Breitgand discloses the method wherein the virtual network configuration assigns a second VM to a second server of the hardware platform (paragraphs 21-23, 34-36, 39). As per claim 7, Breitgand discloses the method wherein the second VM is used to at least partially implement the VNF (paragraphs 20-24, 43-45). As per claim 8, Breitgand discloses the method wherein the constraint comprises: a virtual computer processing unit (vCPU) allocation for the at least one server; at least one memory allocation for the at least one server; and at least one network connectivity allocation for the at least one server (paragraphs 21-23, 26-36). Claim 9 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1. Claims 2-7 are listed all the same elements of claims 10-15 respectively. Therefore, the supporting rationales of the rejection to claims 10-15 apply equally as well to claims 2-7 respectively. As per claim 16, Breitgand discloses the system wherein operations further comprise identifying the plurality of configurations by executing a formulation of an integer programming problem (paragraphs 33-34, 44-45). As per claim 17, Breitgand discloses the system wherein an objective of the integer programming problem is to maximize a number of sessions supported by the network (paragraphs 40, 44-45). Claim 18 is an Independent claim with similar limitation but different in preamble and hence are rejected based on the rejection provided in claim 1. As per claim 19, Breitgand discloses the non-transitory, machine-readable medium wherein identifying the virtual network configuration is further based on an affinity rule (paragraphs 20-23, 26-36). As per claim 20, Breitgand discloses the non-transitory, machine-readable medium wherein determining the virtual network configuration is further based on a second anti-affinity rule (paragraphs 21-23, 26-28) . Conclusion 07-96 AIA The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Bruun et al. (US Publication 2016/0335111) discloses a method of managing virtual network functions for a network, the method including providing a virtual network function (VNF) including a number of virtual network function components (VNFCs) of a number of different types, each VNFC comprising a virtual machine (VM) executing application software. The method further includes creating for up to all VNFC types a number of deactivated VMs having application software, monitoring at least one performance level of the VNF, and scaling-out the VNF by activating a number of deactivated VMs of a number of VNFC types when the at least one performance level reaches a scale-out threshold. Ashwood-Smith et al. (US Publication 2014/0201374) discloses performing network function virtualization (NFV), comprising: a memory, a processor coupled to the memory, wherein the memory includes instructions that when executed by the processor cause the apparatus to perform the following: receive an instruction to virtualize a network device within a network, divide, according to the instruction, the network device into a plurality of network functions (NFs) used to form a virtualized network node that corresponds to the network device, launch the NFs within one or more virtual containers, and group the virtual containers together using a group identifier (ID) that corresponds to the virtualized network node, wherein each of the NFs correspond to a network function performed by the network device prior to virtualization. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARZANA B HUQ whose telephone number is (571)270-3223. The examiner can normally be reached Monday - Friday: 8:30-5:30 ET. 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, Emmanuel L Moise can be reached at 571-272-3865. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /FARZANA B HUQ/Primary Examiner, Art Unit 2455 Application/Control Number: 19/035,044 Page 2 Art Unit: 2455 Application/Control Number: 19/035,044 Page 3 Art Unit: 2455 Application/Control Number: 19/035,044 Page 4 Art Unit: 2455 Application/Control Number: 19/035,044 Page 5 Art Unit: 2455 Application/Control Number: 19/035,044 Page 6 Art Unit: 2455 Application/Control Number: 19/035,044 Page 7 Art Unit: 2455
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