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 .
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 15-18 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 15 is directed to “a networking device configured to” perform various functions. However, the claim does not recite any structure for performing the functions, and because the “device” is the entire claim (as opposed to “an element in a claim for a combination”), 35 USC 112(f) does not control interpretation. Consequently, (1) there is no clear-cut indication of the scope of the subject matter covered by the claim; (2) the language does not set forth well-defined boundaries of the invention and instead only states a problem solved or a result obtained; and (3) one of ordinary skill in the art would know from the claim terms what structure is encompassed by the claim; accordingly, the claim is indefinite under 112(b). See MPEP 2173.05(g).
Claims 16-18 are rejected for inheriting the deficiencies of claim 15.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 19 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
Claim 19 is directed to a “computer-readable medium comprising instructions.” Giving its terms their broadest reasonable interpretation consistent with the specification, the claim as a whole may be reasonably construed to encompass transitory media such as electromagnetic carrier waves. Transitory media are not a process, machine, manufacture, or composition of matter within the meaning of 35 USC 101.
The Examiner recommends amending the claim to recite a “non-transitory computer-readable medium.”
Allowable Subject Matter
Claims 13 and 14 allowed.
Claims 15-18 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) set forth in this Office action.
Claims 19 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 101 set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter: the prior art does not teach or suggest a combination as claimed in each of the independent claims. For example, although the closest prior art document of record (“Zero Touch Provisioning for NETCONF Call Home draft-ietf-netconf-zerotouch-04”, supplied by Applicant in the IDS filed 4/25/2005) teaches an information exchange with a DHCP server that a device can use to bootstrap configuration information, the document does not teach or suggest the detailed combination of features in claims 13, 15, and 19, including “establishing, by the networking device, a communicable link with a DHCP server in the network; requesting, by the networking device, a network connection information, comprising the location of a file server in the network; receiving, from the DHCP server, the requested network connection information; establishing, by the networking device, using the received network connection information, a communicable link with a HTTP repository in the network; requesting, by the networking device, and receiving from the HTTP repository a firmware upgrade if available, and a software agent; upgrading by the networking device of the firmware upon the firmware upgrade being available; establishing, by the networking device, using the received network connection information, a communicable link with the file server ;requesting, by the networking device, and receiving from the file server, a startup configuration; and setting the startup configuration onto a flash memory of the networking device; andupon a reboot subsequent to the initial boot of the networking device, executing by the networking device the received software agent, comprising: establishing, by the networking device, a communicable link with a configuration automation tool in the network; requesting, by the networking device, a running configuration; receiving, from the configuration automation tool, the running configuration; and setting the running configuration onto a Random Access Memory (RAM) of the networking device”.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Christopher D. Biagini whose telephone number is (571)272-9743. The examiner can normally be reached weekdays from 9 AM - 5 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Oscar Louie can be reached at (571) 270-1684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Christopher D. Biagini
Primary Examiner
Art Unit 2445
/Christopher Biagini/Primary Examiner, Art Unit 2445
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