DETAILED ACTION
This communication is responsive to the application, filed July 14, 2025. Claims 1-11 are pending in this application.
Examined under the first inventor to file provisions of the AIA
The present application was filed on March 29, 2023, which is on or after March 16, 2013, and thus is being examined under the first inventor to file provisions of the AIA .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
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Claim 1-11 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-20 of U.S. Patent No. US 12,399,794 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of present application are fully anticipated by the claims of issued patent. The issued US patent and the instant application are claiming common subject matter. The one of ordinary skill in the art would recognize that they are obvious variants.
Claims 1-11 are compared to claims 1-20 of US patent US 12,399,794 B2 in the following table:
Instant Application
US Patent No : US 12,399,794 B2
1. A computing device comprising: a communication unit; a processor; and a memory configured to store machine readable instructions, wherein the processor is configured to execute the machine readable instructions to:
receive an equipment identifier information associated with an equipment obtained via a scan of a machine readable code attached to the equipment, wherein the machine readable code is configured to be specifically associated with the equipment;
associate the equipment identifier with a location of the equipment within an infrastructure layout;
establish, via the communication unit, application programming interface (API) communication with an equipment portal corresponding with the equipment export; and
download equipment attribute information corresponding to the equipment from a remote database accessible from the equipment portal.
1. An infrastructure management system comprising: a communication unit; a processor; and a memory configured to store machine readable instructions, wherein the processor is configured to execute the machine readable instructions to:
receive, from the scanner, a component identifier associated with the component obtained via a scan of the unique identifier attached to the component;
associate the component identifier with a location of the component in the infrastructure;
1. export, via the communication unit, the location of the component to a management solution;
1. download manufacturer information from a remote database comprising information associated with the component;
2. The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: communicate the location of the equipment to a management solution; and communicate the downloaded equipment attribute information to the management solution.
14. export, via the communication unit, the location of the component to a management solution; wherein the management solution is configured to: download manufacturer information from a remote database
3. The computing device of claim 1, wherein the equipment attribute information comprises at least one of an equipment category type or product specific information associated with the equipment category type.
13. The mobile computing device of claim 12, wherein the component information comprises a type of the component or product specific information associated with a type of the component.
4. The computing device of claim 1, wherein the equipment attribute information comprises at least one of (i) a type of the equipment, (ii) product specific information associated with the equipment, (iii) mapping and/or wiring information associated with the equipment, (iv) volume and/or capacity associated with the equipment, (v) instruction information relating to the use or installation of the equipment, and/or (vi) user guides corresponding to the equipment.
6. The system of claim 1, wherein the component manufacturer information comprises at least one of (i) a type of the component, (ii) product specific information associated with the component, (iii) mapping and/or wiring information associated with the component, (iv) volume and/or capacity associated with the component, (v) instruction information, and/or (vi) user guides.
5. The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information.
3. The system of claim 2, wherein the management solution is further configured to: automatically generate a diagrammatic representation of the infrastructure based on the location of the component and the downloaded component information.
6. The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information, including generating at least one of network channels or power chains.
4. The system of claim 2, wherein the management solution is further configured to: automatically generate network channels and power chains identifying mappings of connections including the component and predicted performance data based on the mappings of connections and the component information.
7. The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information, including generating a network channel based on a downloaded mapping and/or wiring information relating to the equipment.
8. The system of claim 6, wherein the management solution is further configured to: automatically create a network channel based on downloaded mapping and/or wiring information.
8. The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically calculate a fill percentage and/or an available capacity corresponding to the equipment based on a downloaded volume and/or capacity information relating to the equipment.
9. The system of claim 1, wherein the dynamic real-time capacity includes a fill percentage and/or an available capacity based on downloaded volume and/or capacity information.
9. The computing device of claim 1, wherein the machine readable code is a bar code or a QR code.
1. a scanner configured to scan a unique identifier (bar code) attached to a component of the infrastructure;
10. The computing device of claim 1, wherein the API communication is more specifically a REST API communication.
1. export, via the communication unit (API communication), the location of the component to a management solution;
11. The computing device of claim 1, further comprising: display, on a user interface, the equipment identifier associated with the location of the equipment.
1. display, on the user interface, the component identifier associated with the location of the component;
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 of this title, 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 1-11 are rejected under 35 U.S.C. 103 as being unpatentable over Khuti et al. (US 2014/0258052 A1) in view of Kudari et al. (US 10,652,362 B1).
As per claim 1: A computing device comprising:
a communication unit;
Khuti discloses [0008] the system may include a mobile electronic device adapted to communicate wirelessly with a remote system.
a processor; and
a memory configured to store machine readable instructions, wherein the processor is configured to execute the machine readable instructions to:
Khuti discloses [0007] a mobile electronic device may be included which may have a processor having processor executed code and memory for storing the executable code.
receive an equipment identifier information associated with an equipment obtained via a scan of a machine readable code attached to the equipment, wherein the machine readable code is configured to be specifically associated with the equipment;
Khuti discloses [0035] the camera will scan the components of the rack. This would be useful for identifying components in a rack.
associate the equipment identifier with a location of the equipment within an infrastructure layout;
Khuti discloses [Fig. 1; 0041] the tablet can display representation of the infrastructure based on the location of the component based on the camera image and the component information. Khuti further discloses [0041] a workorder may be included for generating directions, either in text or by symbols that are displayed on the mobile device (exporting to the mobile device) of the worker to help a data center worker navigate toward a specific component.
establish, via the communication unit, application programming interface (API) communication with an equipment portal corresponding with the equipment export; and
download equipment attribute information corresponding to the equipment from a remote database accessible from the equipment portal.
Khuti discloses [Fig. 1 and 6; 0041] the DCIM can download information from a remote database comprising attribute information associated with the component and provide (download) the attribute information to the tablet device at the data center facility, but fails to explicitly disclose establishing communication via REST API with an equipment portal. Kudari discloses a similar system, which further teaches [cols. 5-6] asset information database which stores information related to all the components and network devices. The information may include names, identifiers such as bar codes, RFIDs, unique identifies, and the like. The servers also provide communication to the vendor-specific server interfaces for the specific components utilizing REST APIs or vendor specific protocols.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the teachings of Khuti with that of Kudari. One would have been motivated to establish communication via REST API because it allows to provide communication to the vendor-specific server interface [Kudari; cols. 5-6].
As per claim 2: The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: communicate the location of the equipment to a management solution; and communicate the downloaded equipment attribute information to the management solution.
Khuti discloses [Fig. 1 and 6; 0041] the DCIM can download information from a remote database comprising attribute information associated with the component and provide (download) the attribute information to the tablet device at the data center facility.
As per claim 3: The computing device of claim 1, wherein the equipment attribute information comprises at least one of an equipment category type or product specific information associated with the equipment category type.
Khuti discloses [0010] the DCIM system may determine, in real time, a specific identity of the specific asset from the image and the stored asset information, and may then generate specific information pertaining to the specific asset. The DCIM system may then wirelessly transmit the specific information back to the mobile electronic device for display on a display of the mobile electronic device.
As per claim 4: The computing device of claim 1, wherein the equipment attribute information comprises at least one of (i) a type of the equipment, (ii) product specific information associated with the equipment, (iii) mapping and/or wiring information associated with the equipment, (iv) volume and/or capacity associated with the equipment, (v) instruction information relating to the use or installation of the equipment, and/or (vi) user guides corresponding to the equipment.
Khuti discloses [0041] type of component, information associated with the component, mapping information with location associated with the component and data storage capacity associated.
As per claim 5: The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information.
Khuti discloses [Fig. 1; 0041] the tablet can display representation of the infrastructure based on the location of the component based on the camera image and the component information.
As per claim 6: The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information, including generating at least one of network channels or power chains.
Khuti discloses [0005] the data center can have plurality of power distribution units, network switches, memory devices, and routers, to numerous types of sensors and other monitoring devices for monitoring real time operation of such devices, as well as power consumption monitoring. It is clear that a network channel and/or other server components can be created/added and mapped with the use of the mobile device camera.
As per claim 7: The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically generate a diagrammatic representation of the infrastructure layout based on the location of the equipment and the downloaded equipment attribute information, including generating a network channel based on a downloaded mapping and/or wiring information relating to the equipment.
Khuti discloses [Fig. 1; 0041] the tablet can display representation of the infrastructure based on the location of the component based on the camera image and the component information. Khuti further discloses [0041] a workorder may be included for generating directions, either in text or by symbols that are displayed on the mobile device (exporting to the mobile device) of the worker to help a data center worker navigate toward a specific component.
As per claim 8: The computing device of claim 1, wherein the processor is further configured to execute machine readable instructions to: execute a management solution to automatically calculate a fill percentage and/or an available capacity corresponding to the equipment based on a downloaded volume and/or capacity information relating to the equipment.
Khuti discloses [0030] the data store may contain a wide variety of information relating to the equipment, including data storage capacity.
As per claim 9: The computing device of claim 1, wherein the machine readable code is a bar code or a QR code.
Khuti discloses [0032] the ID tag may be a bar code or any other suitable means of uniquely identifying the component or of identifying the rack by its location in the data center. Typically, the bar code is placed on a frame element of the rack that is easy for a user to see while standing in front of the rack.
As per claim 10: The computing device of claim 1, wherein the API communication is more specifically a REST API communication.
Kudari discloses [cols. 5-6] asset information database which stores information related to all the components and network devices. The information may include names, identifiers such as bar codes, RFIDs, unique identifies, and the like. The servers also provide communication to the vendor-specific server interfaces for the specific components utilizing REST APIs or vendor specific protocols.
As per claim 11: The computing device of claim 1, further comprising: display, on a user interface, the equipment identifier associated with the location of the equipment.
Khuti discloses [0061] the combination of the use of the tablet or in combination with other inventory management systems/technologies may provide a powerful tool that helps a data center manager inventory data center equipment, as well as verify the locations of data center components within specific racks and obtain important configuration and specifications for particular components.
Conclusion
The following prior art made of record and not relied upon is cited to establish the level of skill in the applicant’s art and those arts considered reasonably pertinent to applicant’s disclosure. See MPEP 707.05(c).
· US 2012/0166693 A1 – Weinstock discloses associating the identification of a server with its physical location through the use of an asset management strip and asset management tags.
· US 2017/0103290 A1 – Guionneau discloses the guiding steps indicate on the screen of the mobile terminal a route to follow for the operator and acting upon the desired device using the mobile terminal.
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/JIGAR P PATEL/Primary Examiner, Art Unit 2114