Detailed Action
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The Office Action is in response to claims filed on 8/26/2025 where claims 1-20 are pending and ready for examination.
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.
Claim Rejections - 35 USC § 103
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.
Claims 1-3, 5-13, and 15-20 are rejected under 35 USC 103 as being unpatentable over Yeung (US 20190028350) in view of Kumar (US 20220283792 ).
The Examiner notes Kumar is indicated on the Applicant’s IDS submitted on 3/4/2026.
Regarding claim 1, Yeung discloses a method, wherein a network functions virtualisation management and orchestration NFV MANO management domain comprises a data model and a function set, and the method comprises:
accessing the data model, to obtain a target state of a managed object in the NFV MANO management domain in the data model (Yeung; Yeung teaches accessing the policy data model to obtain a lifecycle state of the managed VNF, where the lifecycle state corresponds to the claimed target state;
[0030] NFV MANO system 150 manages NFVI 130 and orchestrates the allocation of resources needed by VNFs 122 and network services (i.e., chains of VNFs 112 that may also include PNFs). In this example, NFV MANO system 150 includes orchestrator 152, VNF managers 154, and virtual infrastructure manager (VIM) 156 for management and orchestration of NFVI 130, VNFs 122, and network services; fault and performance management of network services and VNFs 122; policy management; and testing of network services and VNFs 122.
[0039] NETCONF is a network management protocol to install, manipulate, operate, and delete the configuration of network devices. In some cases, an orchestrator (e.g., orchestrator 152) can communicate with VNF manager 200 using open NETCONF protocol and YANG based data models. In this manner, VNF manager 200 can manage VNFs (e.g., VNFs 122) at a device level, and the orchestrator can manage the entire network service lifecycle. Together, the orchestrator and VNF manager can provide a complete orchestration solution that spans across both physical and virtual infrastructure. In some cases, along with NETCONF notifications, NETCONF/YANG API 202 can also provide operational data, such as a list of all tenants, networks, and deploymen[0062] Systems and methods in accordance with various embodiments of the present disclosure may overcome one or more of the foregoing or other deficiencies experienced in conventional approaches for updating a VNF and/or its underlying virtual infrastructure. In various embodiments, a VNF manager can employ a policy-driven data model that enables customization of built-in and/or user-defined actions for the VNF manager to perform during specified lifecycle stages (native or custom) when the VNF manager determines that certain built-in and/or user-defined conditions have occurred. The VNF manager can define policies at the VNF and/or virtual infrastructure level. That is, the VNF manager can define policies for both VMs, containers, and/or other virtual partitions in addition to policies for a VNF service (including a single VNF or multiple VNFs). The policy data model can comprise conditions (i.e., lifecycle stages in a deployment) and actions (e.g., interpreted script, source code, executable file, etc.). An action can predefined, meaning that it is built-in or native to the VNF manager/network virtualization orchestration platform; or custom, meaning that it is user-defined or non-native.ts in VNF manager 200
[0074] In some embodiments, the VNF manager can support dynamic altering of the behavior of a VNF using a policy-driven data model. The VNF manager can define policies at the VNF and/or virtual infrastructure level. That is, the VNF manager can define policies for both VMs, containers, and/or other virtual partitions (i.e., VI instance) in addition to policies for a VNF service (comprising a single VNF or multiple VNFs). The policy data model can comprise conditions and actions, and include built-in or native conditions and actions and/or custom or user-defined conditions and actions. As discussed, conditions can include lifecycle states in a deployment. Actions can include scripts, source code, executable files, and the like. During the lifecycle of the VNF, the VNF manager can reference a storage resource or volume associated with the VNF (and/or a storage resource of its virtual infrastructure) to determine whether any conditions defined in the storage resource have occurred.
[0076] At step 606, the VNF manager can monitor the VI/VNF, such as by a monitoring module of the VNF manager (e.g., monitoring module 226). For example, the VNF manager can determine the current lifecycle stage of the VI/VNF and retrieve any applicable policies for the current lifecycle stage from the updated policy data model. If, at 608, the VNF manager cannot detect satisfaction of any applicable conditions, the VNF can continue monitoring the VNF (i.e., return to step 606). However, if at 608, the VNF manager can determine satisfaction of the condition(s), the VNF manager can perform the action(s) associate with the condition(s) at step 610.
); and
invoking a first function from the function set based on the target state, wherein the first function is used for transition from an existing state of the managed object to the target state (Yeung; Yeung teaches the current lifecycle stage corresponds to the claimed existing state; the lifecycle state specified by the policy corresponds under BRI to the target state; and the policy-associated action corresponds to the claimed first function. Thus , performing the action associated with the lifecycle state condition reads on invoking the first function based on the target state, wherein the first function is used to transition the VNF form its existing lifecycle state to the policy defined target lifecycle state;.
See e.g. [0062], [0074], [0076]).
As evidence of the rationale above, Kumar discloses:
transition from an existing state of the managed object to the target state (Kumar; Kumar teaches a current states and a desired/expected state and an actuator that initiates remediation toward the desired state;
[0069] Process 800 may also include detecting a current state for the CNF package (block 820), determining an intent for the CNF package (block 830), and identify, based on the intent, a desired state for the CNF package (block 840). For example, one of sensors 310 may determine the current state of the network environment, such as what labels/annotations are currently included in the CNF package. Sensor 310 may inspect the instantiation request to determine if an intent is defined and determine what the desired state for the intent is, such as what are the appropriate default labels or annotations for a particular intent.
[0070] Process 800 may further include selecting, from a group of available actuator NFV-extensions, an actuator corresponding to the desired state (block 850), and initiate remediation of the CNF package to the desired state (bock 860). For example, a sensor 310 may be associated with one or more actuators 320 to provide remediation for a specific type of deficiency in a CNF package. Sensor 310 may identify the appropriate actuator 320 to convert the CNF package from the current state to the desired state for a particular intent. The selected actuator 320 may provide appropriate remediation
[0031] NFV MANO layer 240 may correspond to a European Telecommunications Standards Institute (ETSI) NFV MANO architecture or another MANO architecture. NFV MANO layer 240 may include an orchestrator 250 and a Container Infrastructure Service Manager (CISM) 260. Orchestrator 250 may perform orchestration of NFV to ensure that sufficient resources are available to provide a network service and that a particular network function is deployed, changed, or removed. Thus, orchestrator 250 may coordinate requests received via OSS/BSS interface 210 with CISM 260.)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services.
Regarding claim 2, Yeung in view of Kumar disclose The method according to claim 1, wherein the data model further comprises parameter information, and the parameter information supports transition from the existing state of the managed object to the target state (The Examiner notes that under the broadest reasonable interpretation, “parameter information” encompasses data representing parameters, characteristics, or attributes of the managed object or its lifecycle operation. Such parameter information is necessarily present in the data model used to control the managed object, because the management system relies upon information defining the state and corresponding operation of the managed object in order to effect the transition from the existing state to the target state. Accordingly, the parameter information supports the claimed state transition)
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services.
Regarding claim 3, Yueng in view of Kumar discloses The method according to claim 2, wherein the first function being used for transition from the existing state of the managed object to the target state comprises: the first function is used for transition from the existing state of the managed object to the target state based on the parameter information (Yeung, Yeung teaches the policy association action corresponds to the first function, the VNF corresponds to the managed object, the current lifecycle stage corresponds to the existing state, and the policy-defined lifecycle state corresponds to the target state; the action is selected/performed based on the parameter information in the policy data model, thereby effecting the transition between those states;
See e.g. [0062], [0074], [0076]
Kumar further evidences the current state to desired state transition;
See e.g. [0069] – [0070]).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services.
Regarding claim 5, Yeung in view of Kumar disclose the method according to claim 1, wherein invoking the first function from the function set based on the target state comprises: invoking the first function from the function set based on the target state and the existing state of the managed object (Because Lifecycle management inherently concerns moving the managed object between lifecycle stages, selection of the transition function is based on both the object’s current lifecycle stage (existing state) and the lifecycle stage to which it is being moved (target state;
Yeung ([0074], [0076] teaches the VNF manager determines the current lifecycle stage (existing state), identifies the applicable lifecycle state condition (target state), and performs the associated action (first function), thereby invoking the first function based on both the target state and the existing state).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 6, Yeung in view of Kumar disclose The method according to claim 1, wherein after invoking the first function from the function set based on the target state, the method further comprises: updating the existing state of the managed object in the data model to the target state (Yeung; Per Yeung ([0074], [0076]) as the policy data model maintains the VNF’s lifecycle state, after the associated action transitions the VNF to the target lifecycle state, the stored existing lifecycle state is updated to the target state.).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 7, Yeung in view of Kumar disclosed the method according to claim 1, wherein the managed object comprises one of the following: a cloud service object, a network service NS, a virtualised network function VNF, a virtualised network function component VNFC, a container cluster, a managed container infrastructure service object, a virtual resource, and a physical resource (Yeung; see e.g. [0074]).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 8, Yeung in view of Kumar disclose the method according to claim 1, wherein the function set comprises at least one of: life cycle management; fault management, configuration management, account management, performance management, and security management FCAPS; intent management, and operations management (Yeung, Per independent claim 1 the function set is based on lifecycle management; see e.g. [0076]).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 9, Yeung in view of Kumar disclose the method according to claim 8, wherein the life cycle management comprises at least one of the following management operation functions: an instantiation function, a scaling function, a termination function, and a healing function (Yeung; see e.g. [0031]).
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 10, Yeung in view of Kumar disclose The method according to claim 8, wherein the FCAPS comprises at least one of the following management operation functions: a configuration management function, a performance management function, a fault management function, an account management function, and a security management function (Yeung;
See e.g. [0022] “... security management for the VNF functions (i.e., FCAPS).”
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 11, claim 11 comprises the same and/or similar subject matter as claim 1 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 12, claim 12 comprises the same and/or similar subject matter as claim 2 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 13, claim 13 comprises the same and/or similar subject matter as claim 3 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 15, claim 15 comprises the same and/or similar subject matter as claim 5 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 16, claim 16 comprises the same and/or similar subject matter as claim 6 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 17, claim 17 comprises the same and/or similar subject matter as claim 7 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 18, claim 18 comprises the same and/or similar subject matter as claim 8 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 19, claim 19 comprises the same and/or similar subject matter as claim 9 and is considered an obvious variation; therefore it is rejected under the same rationale.
Regarding claim 20, claim 20 comprises the same and/or similar subject matter as claim 9 and is considered an obvious variation; therefore it is rejected under the same rationale.
Claims 4 and 14 are rejected under 35 USC 103 as being unpatentable over Yeung in view of Kumar and in further view of Vambenepe (US 20040237094)
Regarding claim 4, Yeung in view of Kumar The method according to claim 1, Yeung does not expressly disclose wherein before accessing the data model, the method further comprises: subscribing to a change of the target state of the managed object.
Vambenepe discloses:
subscribing to a change of the target state of the managed object (Vambenepe;
see e.g. [0073], [0075], [0077])
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Vambenepe’s scheme. The motivation being the combined solution provides for implementing a known technique resulting in increased efficiencies of managing objects.
Therefore it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate Kumar’s technique. The motivation being the combined solution provides for incorporating a known technique resulting in increased efficiencies of managing services
Regarding claim 14, claim 14 comprises the same and/or similar subject matter as claim 4 and is considered an obvious variation; therefore it is rejected under the same rationale.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to TODD L. BARKER whose telephone number is (571) 270 0257. The Examiner can normally be reached on Monday through Friday, 7:30am to 5:00pm.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner's supervisor Vivek Srivastava can be reached on (571) 272 7304.
/TODD L BARKER/Primary Examiner, Art Unit 2449
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