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 .
Status
This instant application No. 19/193,250 has claims 1-20 pending.
Priority / Filing Date
Applicant’s claims for priorities of foreign applications No. EP 24305690.0 (filed on April 30, 2024) and No. EP 24306420.1 (filed on August 30, 2024) are acknowledged. However, since there is no copy of the EP 24306420.1 received, the claim for priority date of August 30, 2024 is not effective.
Abstract
The abstract of the disclosure is objected due to the use of implied language. Note that in the abstract, the language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc… See MPEP § 608.01(b).
Note that in the abstract, Applicant recites “The technology relates to…” on line 1. This citation clearly provokes the use of implied language. Revision and/or correction are required. One example is as follows:
“A computer-implemented method…”
Drawings
The drawings filed on April 29, 2025 are acceptable for examination purposes.
Information Disclosure Statement
As required by M.P.E.P. 609(C), the Applicant’s submission of the Information Disclosure Statement filed on April 29, 2025 is acknowledged by the Examiner and the cited references have been considered in the examination of the claims now pending. As required by M.P.E.P. 609 C(2), a copy of the PTOL-1449 initialed and dated by the Examiner is attached to the instant Office action.
Claim Rejections - 35 USC § 112
.S.C. 112 reads as follows:
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.
(b) the claims must particularly point out and distinctly define the metes and bounds of the subject matter to be protected by the patent grant.
Claims 1-20 are rejected under 35 U.S.C. 112(b) because the claims fail to particularly point out and distinctly claim the metes and bounds of the invention.
Regarding claims 1, and 14, each claim recites “…each component being in a true state that can change over time…” which is more likely indefinite since the term “can/cannot” does not guarantee that the true state will or will not change overtime. Revision and/or correction are required. One example of clarification is as follows:
“…each component being in a true state that is dynamic over time…”
or
“…each component being in a true state that s over time…”
Further, each of claims 1, and 14 recites the term “the communications module” without any communications module mentioned previously, and the term “the database” without proper antecedent basis since it is not clear whether the term refers to the “a CMBD module” or another different database. Correction and/or revision are required.
Claims 2-13, and 15-20 are also rejected under 35 U.S.C. 112(b) for being dependent on their respective independent claim(s).
Abstract Idea Analysis
Claims 1 (method), 13 (computing infrastructure including un-provisioned server, switch, processor), 14 (processing system comprising a processor executing computer-readable instructions for automated deployment of a computing infrastructure, per [197] of instant specification), and 20 (i.e., non-transitory memory device, per [017] of instant specification) can be integrated into a practical application per step 2A - prong 2 of the abstract idea analysis because each claim specifically manages an infrastructure containing un-provisioned servers and switches and the mechanism can improve the functioning of the computer (CMDB/infrastructure reliability, performance) using a combination of nominal updates and safety updates defined to optimize resources and reduce error rates in environments with poor network quality or power cuts ([240]-[241] of instant specification) by performing safety operations at a higher frequency to achieve a synergetic association.
Under step 2B, the requirement that the safety frequency is greater than the real-time frequency is a specific arrangement that is not well-understood, routine, and conventional compared to the known safety checks being performed less frequently than real-time updates. Thus, claims 1, 13, 14, and 20 and respective dependent claims are statutory under 35 U.S.C. 101 abstract idea analysis.
Allowable Subject Matter
Claims 1-20 are allowable over the prior art if any pending rejections are overcome.
Relevant Prior Art
The following references are deemed relevant to the claims:
Ayachitula et al. (Pub. No. US 2011/0016368) teaches auditing and verifying configuration items (CIs) in an information technology (IT) configuration management database (CMDB) includes identifying which configuration item (CI) types should be part of an audit, defining link rules to link an authorized CI type stored in a CMDB to an actual CI type that is part of an IT infrastructure, retrieving all authorized CI instances of the identified CI types from the CMDB, retrieving all actual CI instances of the identified CI types from a discovery upload of a current IT environment, comparing the actual CI instances to the authorized CI instances, and taking remedial action when variances are discovered.
Lochhead et al. (Pub. No. US 2013/0290543) teaches receiving a set of parameters; and provision a virtual environment. The provisioning may include provisioning a set of resources for the virtual environment. An amount of resources, associated with the set of resources, may be based on the received set of parameters. The virtualization control system may monitor resource usage of the virtual environment; detect that usage of at least one resource, of the provisioned set of resources, exceeds a particular usage threshold; and enable, based on the detecting, a burst usage mode for the virtual environment. The enabling may include provisioning an additional set of resources for the virtual environment. The additional set of resources may include a greater amount of resources than the amount of resources that are provisioned based on the received set of parameters
Feiguine et al. (Pub. No. US 2020/0296173) teaches a discovery application may obtain, from a remote storage system configured to host storage structures, first data that identifies relationships among the storage structures. The discovery application may generate, based on the first data, a mapping of the storage structures, store the mapping as one or more configuration items, and provide, to the remote storage system, instructions configured to cause the remote storage system to notify the discovery application of modification events associated with the storage structures. The discovery application may modify the mapping based on the second data and store the modified mapping by updating the one or more configuration items.
Peng et al. (Pub. No. US 2018/0004619) teaches data center management based on obtaining information of hardware used in a data center, the information of the hardware including identification information describing an identifiable attribute of the hardware; identifying the hardware by matching the identification information with a resource profile, the resource profile recording identifiable attributes of a plurality of types of hardware; and updating a record associated with the hardware in a database of the data center using the obtained information.
Matsuda et al. (Pub. No. US 2013/0262380) teaches specifying, from among a plurality of databases, a database with the highest frequency of update of target data to be integrated which is stored in the database, transmitting, in accordance with acquisition of update data from the specified database, to a database other than the specified database among the plurality of databases, a request to transmit information stored in the database other than the specified database to the management apparatus and updating the target data to be integrated on the basis of the information transmitted to the management apparatus by the database other than the specified database in accordance with the request.
Contact Information
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Son Hoang whose telephone number is (571) 270-1752. The Examiner can normally be reached on Monday – Friday (7:00 AM – 4:00 PM).
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Sherief Badawi can be reached on (571) 272-9782. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SON T HOANG/Primary Examiner, Art Unit 2169
May 15, 2026
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