DETAILED ACTION
This Office Action is in response to the Preliminary Amendment filed August 22, 2025. Claim(s) 1-28 is/are pending and have been considered as follows.
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 (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.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/21/2025, 11/20/2025, and 3/12/2026. 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 § 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-28 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wood et al. (US 10,148,564 B2, hereinafter Wood).
As to Claim 1, Wood discloses a system to identify a plurality of communication paths in a programmable communication network comprising a plurality of nodes and connecting a source and a destination, the system comprising:
a path discovery subsystem to: discover a first completed communication path in the programmable communication network between the source and the destination; and discover a second completed communication path between the source and the destination ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination.);
a cost calculation subsystem to: calculate a first cost for the first completed communication path between the source and the destination; and calculate a second cost for the second completed communication path between the source and the destination ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination. Based on the path a cost/metric can be determined for each available path.); and
a routing subsystem to: identify a primary communication path based on the first cost and the second cost; and program the plurality of nodes to implement the primary communication path ((Wood; Fig. 10; [col. 9, lines 44-57; col. 29, lines 19-44]), where Wood discloses a best diverse pair of path may be required (i.e. as for routing a primary LSP and a corresponding backup LSP).).
As to Claim 2, Wood discloses the system of claim 1, wherein the routing subsystem is further configured to identify the second completed communication path as a failover path and to program the plurality of nodes to implement the failover path (Wood; [col. 8, lines 44-48).
As to Claim 3, Wood discloses the system of claim 1, wherein the plurality of nodes comprises a plurality of data switches in a mesh configuration (Wood; Fig. 1).
As to Claim 4, Wood discloses the system of claim 3, wherein the cost calculation subsystem is further configured to determine an independent cost for a plurality of independently programmable ports associated with one of the plurality of data switches (Wood; [col. 10, line 41 – col. 11, line 27).
As to Claim 5, Wood discloses the system of claim 1, wherein the routing subsystem is further configured to generate a plurality of communication flows to implement the primary communication path in a software-defined network (Wood; Fig. 12).
As to Claim 6, Wood discloses the system of claim 1, wherein the path discovery subsystem discovers a plurality of potential paths between the source and the destination, and the cost calculation subsystem determines an associated cost of a plurality of potential paths based on each node in the potential path and maintains a current best cost (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 7, Wood discloses the system of claim 6, wherein the path discovery subsystem further comprises an extension to constrain evaluation of the plurality of potential paths based on at least one criterion (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 8, Wood discloses the system of claim 7, wherein the at least one criterion comprises one of a depth to search and a time to search (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 9, Wood discloses the system of claim 7, wherein the path discovery subsystem returns to one of the plurality of nodes having a current best cost upon occurrence of the at least one criterion (Wood; Fig. 7; [col. 25, lines 37-46]).
As to Claim 10, Wood discloses the system of claim 1, wherein the path discovery subsystem utilizes a multicast network discovery scheme to identify communication paths between the plurality of nodes (Wood; [col. 3, lines 7-18]).
As to Claim 11, Wood discloses the system of claim 1, wherein the system identifies the primary communication path and programs the plurality of nodes to implement the primary communication path without user intervention ((Wood; Fig. 10; [col. 9, lines 44-57; col. 29, lines 19-44]), where Wood discloses a best diverse pair of path may be required (i.e. as for routing a primary LSP and a corresponding backup LSP).).
As to Claim 12, Wood discloses the system of claim 1, wherein the cost calculation subsystem is further configured to calculate an independent node cost for a plurality of port pairs, each port pair comprising an ingress port and an egress port ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination. Based on the path a cost/metric can be determined for each available path.).
As to Claim 13, Wood discloses the system of claim 1, wherein the path discovery subsystem is further configured to generating a plurality of potential failover paths based on nodes in the identified primary communication path (Wood; [col. 8, lines 44-48]).
As to Claim 14, Wood discloses the system of claim 13, wherein the path discovery subsystem is further configured to prune a subset of the potential failover paths that exceed an existing independent code cost for a known port pair (Wood; Fig. 4B; [col. 8, lines 44-48]).
As to Claim 15, Wood discloses a method for identifying a plurality of communication paths in a programmable communication network comprising a plurality of nodes and connecting a source and a destination, the method comprising:
discovering, using a path discovery subsystem, a first completed communication path in the programmable communication network between the source and the destination; discovering, using the path discovery subsystem, a second completed communication path between the source and the destination ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination.);
calculating, using a cost calculation subsystem, a first cost for the first completed communication path between the source and the destination; calculating, using the cost calculation subsystem, a second cost for the second completed communication path between the source and the destination ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination. Based on the path a cost/metric can be determined for each available path.);
identifying, using a routing subsystem, a primary communication path based on the first cost and the second cost; and programming, using the routing subsystem, the plurality of nodes implement the primary communication path ((Wood; Fig. 10; [col. 9, lines 44-57; col. 29, lines 19-44]), where Wood discloses a best diverse pair of path may be required (i.e. as for routing a primary LSP and a corresponding backup LSP).).
As to Claim 16, Wood discloses the method of claim 15, further comprising:
identifying, using the routing subsystem, the second completed communication path as a failover path; and programming, using the routing subsystem, the plurality of nodes to implement the failover path (Wood; [col. 8, lines 44-48).
As to Claim 17, Wood discloses the method of claim 15, wherein the plurality of nodes comprises a plurality of data switches in a mesh configuration (Wood; Fig. 1).
As to Claim 18, Wood discloses the method of claim 17, further comprising determining, using the cost calculation subsystem, an independent cost for a plurality of independently programmable ports associated with one of the plurality of data switches (Wood; [col. 10, line 41 – col. 11, line 27).
As to Claim 19, Wood discloses the method of claim 15, further comprising generating, using the routing subsystem a plurality of communication flows to implement the primary communication path in a software-defined network (Wood; Fig. 12).
As to Claim 20, Wood discloses the method of claim 15, further comprising:
discovering, using the path discovery subsystem, a plurality of potential paths between the source and the destination; and determining, using the cost calculation subsystem, an associated cost of the plurality of potential paths based on each node in the potential path maintaining a current best cost (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 21, Wood discloses the method of claim 20, further comprising constraining, using an extension of the path discovery subsystem, evaluation of the plurality of potential paths based on at least one criterion (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 22, Wood discloses the method of claim 21, wherein the at least one criterion comprises a depth to search and a time to search (Wood; Fig. 10; [col. 10, line 41 – col. 11, line 27).
As to Claim 23, Wood discloses the method of claim 21, further comprising returning, using the path discovery subsystem, to one of the plurality of nodes having a current best cost upon occurrence of the at least one criterion (Wood; Fig. 7; [col. 25, lines 37-46]).
As to Claim 24, Wood discloses the method of claim 15, wherein the path discovery subsystem utilizes a multicast network discovery scheme to identify communication paths between the plurality of nodes (Wood; [col. 3, lines 7-18]).
As to Claim 25, Wood discloses the method of claim 15, wherein identifying the primary communication and programming the plurality of nodes to implement the primary communication path are completed without user intervention ((Wood; Fig. 10; [col. 9, lines 44-57; col. 29, lines 19-44]), where Wood discloses a best diverse pair of path may be required (i.e. as for routing a primary LSP and a corresponding backup LSP).).
As to Claim 26, Wood discloses the method of claim 25, further comprising calculating, using cost calculation subsystem, an independent node cost for a plurality of port pairs, each port pair comprising an ingress port and an egress port ((Wood; Fig. 2; [col. 10, line 28 – col. 11, line 27]), where Wood discloses identifying a plurality of paths between the source and destination. Based on the path a cost/metric can be determined for each available path.).
As to Claim 27, Wood discloses the method of claim 23, further comprising generating, using the path discovery subsystem, a plurality of potential failover paths based on nodes in the identified primary communication path (Wood; [col. 8, lines 44-48]).
As to Claim 28, Wood discloses the method of claim 27, further comprising, pruning, using the path discovery subsystem, a subset of the potential failover paths that exceed an existing independent code cost for a known pair of ingress and egress ports (Wood; Fig. 4B; [col. 8, lines 44-48]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
The examiner also requests, in response to this Office action, support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line no(s) in the specification and/or drawing figure(s). This will assist the examiner in prosecuting the application.
When responding to this office action, Applicant is advised to clearly point out the patentable novelty which he or she thinks the claims present, in view of the state of the art disclosed by the references cited or the objections made. He or she must also show how the amendments avoid such references or objections See 37 CFR 1.111(c).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN M THIEU whose telephone number is (571) 270-7475 and fax number is (571) 270-8475. The examiner can normally be reached Monday - Friday: 8:00 AM - 5:00 PM EST.
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/BENJAMIN M THIEU/Primary Examiner, Art Unit 2453 7.17.2026
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